The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-04-03
NEW YORK AND VIRGINIA.


NEW YOHh AMI
MESSAGE
-. ~. Goverpor Of New York, transmitti no reso-
s.ions of the Legislature Of Mississippi, and other
nanrrs ia relation TO the controversy between Vir-
GINA and New York.
EXECUTIVE CHAMBER,
Albany, March 26tn, l64l
TO THE LEGISLATURE.
transmit resolutions Of the Legislature Of Missis
spp concerning the decision Of the Executive Of this
State declining 10 comply with requsition made by
the Lieutenant Governor Of Virginia, in 1889, for the
surrender of certain persons represented TO be fugityes
from justice charged with the constructive offence OF
stealing negro slave avail myself of the occasion
10 lay before The Legislature certain other proceedings
affecting the same question.
On he 2ith Of February last, issued requisition
TO the Executive Of Virginia fol the surrender OF
Robert F. Curry, fugitive from justice charged with
Governor Of Virginia, admits the regularity Of the
ousilion and acknowledges that the fugitive has been
arrested and is in actual custody IN that Common
wealth upon the charge contained in the reqnsi,ion
Nevertheless, he deems il proper to make his COM
pance with the Iequisiiion dependent upon reversal
Of the decision heretofore referred TO- and to dctain the
fugitive in custody six months 10 afford time 10 the
Executive OF this State 10 reconsider that subject by
the documents transmitted Will be seen that have
deemed my duty under these extraordinary circum
stances TO inform the Governor OF Virginia without
delay that the decision in question cannot be re-
versed
Ii appears from the public prints, and is undoubted
Nv true that an act has been passed by the Legisla
lure OF Vircna designed TO subject vessels owned
by citizens of this State and departing from
Virginia, to inspection, and attempting to impose
onerous and offensive restrictions upon czens 81 TINS
State carrying commerce with the state Of virginia
Il Is 10 be among the provisions OF tins law
that il shall take effect after the first day of May, 1872
but thnt his Excelency the Governor OF that Com
monweath may suspend the operation Of the same until
the end of the succeeding session Of the Legislature Of
Virginia whenever he shall be officially informed that
the Executive Of New York has consented TO surrender
the supposed fugtves before mentioned, and that the
law of,he State Of New York, passed May 9th, 1870
entitled An act to extend the right of trial by jury,
has been repealed, full copy of said act OF the
Legislature Of New York, contained in the public
prints, is herewith laid before you
1t will belong 10 the Legislature to decide whether
the law that TO have gwen offence 10 the Legs
latlre Of Virginia shall be repealed but trust il will
be deemed improper for to state, that although
supposed the trial by jury was already chc ually
cured TO persons claimed fugise slaves without the
passage OF the act in question: and therefore believed
il unnecessary yet cheeruy deferred in that respect
the better judgment OF the Legislature, and approx
ed the law the repeal of which is thus demanded. In
my judgment, the law could not now be repealed, and
especially und the singular circumstances presented,
without raising presumption that the Legislature in
tended TO deprive ou own ci,izens or ether persons
claimed fugitive slaves, of the right of uia by jury
Believing that the right rs invaluable as protection
personal liberty peculiarly proper in where
persons exposed to the loss OF liberty without even
charge Of crime, and that il is important to every
human being within jurisdiction, in proportion to
the humbeness and delenceessness of his condition.
canno, recommend the repeal Of the act. II it be-
my place to speculate concerning the prohabil
ties Of legislative action, and il supposed It possible,
which certainly do not that any disposition existed
in the Legislature TO repeal the act should deem it
my duty to demonstrate against the measure
Unwilling TO leave any ground for an expectation
in regard the Executive of this State that conyic-
tons of duty which have prevailed, notwithstanding
the very elaborate arguments presented by the Execu
tive and Legislature OF Virginia, be removed by
any injurious adopted by that State, deem
it proper repeat in the most solemn manner that
the humble individuals who are pursued by the Gov
ernor of Virginia elons, for the offence Of being
board ship in which negro secreted him
self in order to escape from slavery If they yet remain
in this State under the protection of It's consilu
ton and laws, and cannot be surrendered TO the State
of Virginia by Executive authority, the petence
set up for that purpose without deliberate violation
Of BOTH and that this conviction, adopted after most
mature and impartial deliberation, and strengthened
by subsequent reflection, is in no degree affected by
the proceedings of the authorizes Of Virginia.
Without intending any dsrespect to the State of
Virginia, and cheerfuly leaving its authorities to
adopt all such proceedings may seem to them right
and proper in regard the subject avail myself Of
the occasion declare that Of retaliation, in
jury and reprisa deemed equally unworthy the
dignity of this State and inconsistent with its federal
relations The Executive of this State therefore, will
not, although such course has the sanction of the
example of his Exccency the Governor Of v.s,ia
offer large rewards Ia induce persons - seiAo W..
The jurisdiction and in violation OF the laws oi
gnla, tugiti,e5 M -. j.;~ ne the stale iequs
tons for whose delivery to the authorities of this State
have been denied by the Executive of Virginia, but
will te content to put forth the legal powers with
which he Is entrusted.
The Executive of this State will not appeal to the
supposed interests and sympathes in other States and
attempt I'd combine portion of the Union against
another, but will cheeriully abide for his the
test of time and free investigation. The constitution
oil demands of the Executive of Virginia upon the
Executive Of this State will in all be allowed as
fully as if the Governor Of Virginia met his own obl
cations in the same manner, will measures of reta
iatory legislation be recommended On the contrary,
the Executive OF this State confding in the Constu
ton and laws Of the United States, aordne ample
remedies for any injuries the citizens of this State may
suffer from unconstitutional proceedings on the part
of the State of Virginia. satisfied that may be safe
y left to the magnanmity of Virginia, and her own
experience of the injurious equences of those pro-
ceedings to secure early REIMBURSEMENT Of them
and due acknowledgment and performance of all
her constituted obligations.
WILLIAM H. SEWARD.
The Mississippi resolutions referred TO in the mes
sage condemnaory ofthe conduct Of the Governor
of New York.
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