Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-04-06
LEGISLATURE OF NEW YORK.
tkepor'ed forthe Albany Evening Journall
in SENATE-TvEspAr, March 20.

; / JUfISUlcTIOn n,aInst a
,ng'na' Is not felony or other crime within tn
meaning OF the second section OF the 9TH Article O
"1 constitution OF the United States:
hesorea, That in the opinion ofthe Senate, steal
ng slave within the jurisdiction and against tn
Jaws OF virginia, is crime within the meaning O
e second section OF the ith Article OF the Consti
tuon OF the u States and that therefore the reaso,
assigned oy the Governor foe his refusal to surren
yer me SAID alleged fugtves from justice, upon th
demand OF the Executive Of Virginia, is not i'm IN,
fusal. '' Wv" 10
Mr. Paige addressed the Senate at great lens,l
iaNor OF the resolution and in condemnation of IN,
course pursued by the Governor.
Mr.. V"rplanck said he could not permit the Que,
son 10 DC taken the resolution without assis
ms reasons Tor the vote which nc should give. Hs
snouiu not enter into any elaborate argument upor
inc. subject Tor IL was not required What was Nh,
SUBJECT before us' The preamble recites the fac
!nat the Governcr has refused deliver up to IN,
Executive OF Virginia, three persons charged with
steaiing slave from that State, and the resolution
fusng. - ~
lie (Mr. w would ask Senators, what we. n,
legislative body, had to do with this suhiect1
what consequences would follow the expression
o' our opinion upon this abstract question: Had
we any right To vote upon It atall7 Sir, (said Mr.
VI the argument on this question: lies within a We
y narrow compass. The Conltitution declares
that,
"A person charged in any State with tre,so,
felony, or other crime, who shall fee from Justice
| and be found in another State shall on demnpd
oi the Executive authority OF the State from which
ne ned, be delivered up, TO be removed TO the State
| having jurisdiction Of the crime"
law OF Congress was passed in 1898, under
inc auspices OF the "Father Of his Country ~ Gen
washington, which provides for carrying this clause
OF the Constitution into effect. That law declares
tnet the Governor OF the State shall upon demand
denver up the fugitive from justice.
here we lind the Executive made the sole orsan
L x,.,.Nn - y.
ton. Neither the State Legislature, nor any other
power has any thing to do with the question.
Inc Executive is 10 be the only Judge
Itcould not well be otherwise.
nc CONSTITUTION Prtscrlbes the peculiar state of
circumstances under which this demand NAV be
made, and must not the Executive be the indge
whether such circumstances exist or not !? The
constitution says ANY person charged with the
commission oil ielony or other crime" Sc. What
crime! Is not the Executive to iudse1 CertainIv
he IS, AMI upon him rests the ent,re resnons;hiI;,
- ne constitution gives TO Congress The rsht 10
PISS laws TO carry into effect its provisions @rhev
nave done so-and in regard to this particular sub
Ject, have left the whole n,a,,er III r. -
tive. ~
Ought it not TO be sol Letus look at i, for n mo-
heht. Differences between States will arise-thev
nave often occurred. We, in tLis State. have been
involved IN controversy with Newt ,r.ey about
.he boundaries oil the two States and again in rsr
saru 10 the right OF fishing and taking oysters in
certain waters. Laws of retaliatory nature ,Yers
passed by both States
WIN any one contend that any of the officers an.
pointed to carry these respective laws into effect
could be demanded by the other Stnte asa f,gi,,,
from justice, because he had not comni;ed III IL
laws OF that STATED The idea was preposterons
A9ou the period OF the adoption Of the Constitution
diihculties OF a similar character existed between
o'ner S.ates-for instance, between n. " and YER
ACCOMPLISHMENTS and Rhode Island and he
tween several OF the Southern States Car :, he
imagined that when Congress passed this law thew
contemplated any other course thar o leave The
whole matter with the Executiye2 What would
uate oeen the consequences, in the cases 10 which
ne hau alluded, had such not been the case1
Again, another question arises. who are f,,i.
yves from justice? We differed in this widely eS-
lehued country, upon many questions, political as
wen as religious. Suppose some Jealous Protestant
or Catholic IN Louisiana or New York should put
form some publication which might be considered in
some other State, detrimental to public morals
or what Is directly IN point Ike the case of the
Mormons, who have been prohibited by the laws
OF one state to publish their sentiments sup
pose they should establish themselves in this State
ana through the press, disseminate their views
can II be supposed for moment that in either
OF these cases the individuals could be claimed as
iugliVes IRON Justice2 Or, If Oh account of their
acts connie ing with the laws Of other States they
should be 50 demanded, ought they 10 be given
uPf Perhaps so-probably MOTT is for the ESecu-
tive to Judge.
So IN hundred other similar cases: which must
nave presented themselves TO the minds OF the fra
Hels ol the constitution. They saw the impossi-
OiI'Y Oh providing Tor each contingency that might
arse-lhey therefore left them to the discretion of
The Executive The Constitution has been followed
out 10y the law oil Congress, and that law too, ha,
| 'eit the question open with him solely.
has Gov. Seward done wrong in this matter1
lie lhr W would not say. He had his private
OPINION about II, and free to express il in the
proper place. But here, as Legislator he had no.
thlng TO DO with It, We have no right TO interfere
with the opinions OF the Executive or pass upon any
reasons which he might assign as lustifeation or
his acts. He (Mr W was at loss 10 know tom
whence the Senator from the Third (Mr Paigel de-
rlved MS authority 10 sit in judgment upon this art
OF the Executive. lie (Mr W was aware thai the
Legislature oil va. had passed resolutions disappro-
Oatory OF the conduct OF their Governor He mar
yelled at such course, and he could nceannt for Il,
only on cue theory-for he was positive some reason
must have existed 10 have induced Virginia the mo-
lhcT OF wise and patriotic men, and the eTpounder
OF The Constitution, TO take such cours. sTbis
reason was that the Governor of that Stale being
elected by the Legislature stands in difren, rc',
uOn 10 mem, from what the Executive of this S,a,e
does 10 this Legislature. They may regard biro ss
~ some degree, a representative whom they have a
i right 10 fns'yu6t Our Governor being eicc,.I b,
the People, and deriving his power ffom then, :,
responsible to them alone -
suppose we pass this resolution what good " IN
i Dol IL will have no sort of effect upon onv one
what could we do with II, II we should pass in The
>'"'N''N''S" Jos '.F"stl thi5 power IN the EXecu-
! uVe--so too, has the law OF Congress. The whole
scope OF authorities on the subject shows that i s
wholly beyond the jurisdiction Of the legislature
Congress hos acted upon this subject, and has en-.
hausted all the power TePosed in II by the Consti
tutor. They might not have ieft il wholly with
the Executive had they not seen m, They Could
/ have gwen the Courts Of the United States novVe,
! 10 issue mandamus, requiring the Executive In
surrender the fugitive; but they have not done 80
Inc power does not rest IN the Circuit Courts nj.
though Congress might have given il 10 them. and
have provided that 1t should be their duty 10 an.
force the provisions Of the Constitution Ieavinv an
appeal TO the Supreme Court open TO the aggr,sved
party. But Congress did not so provide. The Eys.
CUTIE is left The sole Judge Of tie matter. o.,
state Courts have no right to intedCro-neither hs,
tins Legislature. What then have We e. do.-tv,,f
| can we DOT 'f''
The Senator has alluded 10 the law Of Las, win.
yer, granting QlUgggo slaves the right of ,i,t lac,
4 Jury, Of which Virginia complains. That is an en-
urely different matter. We bad autbori,v IN a.,
that law. Our own Courts are proper sTbisefs NJ
our legislation. The powers committed TO ti,rn a,s
within our own jurisdiction. What have We DOM
While We have not nerfe cd with the dut.es n H.
United States Courts, we have said 10 Our o wv,
Courts, Vt you choose 10 take cognizance ~ tLis
CLAIM 70 ClaYes you shall act IN accordance ,,;,b A..
spirit and provisions Of our laws. If citizen "a
this state, or one claiming 70 b. such is arrested
be shall have the right Of trial by JurvU TL.,,
was e.haT distinction between the two eesss
Here, thea, We fDd that the Executive has IN,
sole right 70 act IN this matter What then viii Al,
resolution amount TOT IL is nothibo-a no.,o 80
dy expression Of idle words Suppose We n,Gos 7,