Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-03-22

Egg Island Fats; %,
An act to amend the act entitled an act to r.
aeee into ooe the several acts Concerning the Aodi
| tor AMI Treasurer, passed February 25th. 1919:
An act concerning the Public Arnory and Arm
NEW YORK AND vIRGlNIA.-REsIGNA
TON OF GOVERNOR GII.MER.
Inc Speaker submitted the following eommu n ca
ton from the Governor ofthe Common " ealth. whie
was read,
ExEcurIvE DEPARTMENT..
| March 90 1911
Sra; Enclosed is a communication which yo, ,r
respectfully requested to submit to the House 9
Delegates.
4 Your ob't servt,
THOMAS w. GII.MER
10 the Speaker OF the House Of Delegates.
| ExLcurivE DEPARTMENT,
| March 20, 1871.
10 The General .issembiy Of Virginia.
have received and most respectfully considered
VIC proceedings OF the General Assembly in refer
ehce 10 an order OF this department. declining Il,
the present TO surrender fugitive from ins,icc n,
| the demand OF the Governor OF New York Will,
source OF unaffected regret to me that any dil.
ference OF opinion should exist between the Depart
ments OF our Government, on subjects of 40 mncb
delicaey and importance as those invoIyod ~ ,hs
| present unfortunate relations betweep onr owr
State and the State OF New York, I am an,;on. %
Believe that the agents Of the people of V,rgin;,
uner ony as 10 the means OF protecting rights which
/ IN. nwh
the duties OF the States, with regard 10 the sn,,.1'
Ger OF iugltves from justice, have devoIyed undo,
The Constitution and Laws OF the Union. ON The
executive departments of their Governments. and
though' IN the language OF our State Constitution
"the Legislative, Executive and Judiciary Dsn",,'
ments shall DO separate and distinct SO thai neither
exercise the powers properly belonging 10 either of
me Others still the opinion OF the General Assem-
oy I" virginia, Is entitled to the utmost respect
and consideration by the Executive, because the
Executive agents are here appointed by the I..ei.
hture. Conceding thus much, II is maintained that
with the exceptions recognized in our consti,u,on
each department of our Government is responsibl,
within the sphere OF its powers only to the people
AS am unable TO concur with the General As.
semby IN their opinion TO the duties of tbis Des
partment on the present occasion, may be excuses
trust, Tor assigning some of the reasons which have
seemed to me to Indicate the course of Executive
aeuon. before had the honor to hold my pre- sent
station, resolution was adopted by the Gen,rnI
Assembly OF virginia in these words:
That the course pursued by the Executive or
NEW iork I'm reference 10 a demand for the sur
render OF three fugitveS from Justice cannot Le
aequiesced in and If sanctioned by that STATE and
tersls'eu ih' IL VIII become the solemn duty of
virginia TO adopt the most decisive and ef;cen,
measures for the protection of the propertv of re-
citizens, and the maintenance of rights which She
cannot anu VIII not, under any circumstances sur
render or abandon sui
by another resolution was requested To renew
correspondence with the Governor of New York
on the subject of demand by my predecessor
with which the Governor of New York had refused |
10 comply, for the surrender of three persons char
sed with having ieloniously carried awayn s;ny.
,ne property oil citizen OF this Commonwealth
was further requested to invite the attention of the
other slave holding Safes TO the subject and 10 in
woke their cooperation in rcdrsssing the wrong, IN
which our State was exposed by the refusal of tb !
iovernor OF the State OF New York to surrendcr |
these fugitlves from Justice The correSpondsno,
which eusuel W he ~ Il
with the slave holding States, and its respI,s
have been communicated to the General Assemble
The whole agency of this Department in connec
non with thls controversy, since have been char
teu WIN us hish aud honorable trust, has consisted
IN executing the requests and pursuing the lin. or
policy marked out 10y the Legislature.
lhe governor OF New York has persisted in that
course oil utter and wanlon disregard of the ohlis.
ons oil the constitution, which the last I.csI,,s,r
iec'neu would not only justify but demand from
ms state he most decisive and efficient measures of
defence. While the Governor of New Yo,L -,
could be regarded as responsible for that cou,s.
ana WINE hope remained that II wou Ia bs renudi,
eu oy ms state, urged on your consideration the
most phcihc and concIIlatory measures But when
i became apparent that the course " Inch th. CO.,
amor OF New York had thus persisted in had -
IN the language of the last General Ass,,,II,,
sanctioned" by the Legislature OF his Stale M ~,
present session, concurred in the conclusion which
iad been anticipated and declared by our own T.
solemn OF
sihia 10 adopt The most decisive and efficient me,
'ures Tor The protection Of the propery of her ,;
ens, ahd the maintenance of rights which cnuld
rot and would not under any circumstances be sur.
endered or abandoned"
The State Of Virginia had been committed as TO
ler course IN TINS controversy and by Legislative
authority, before | had the honor TO be connec,eJ
with the Executive Department. Events have oc |
urred winch IN the estimation of the General As |
stho'y; luSheI them IN denying TO the citizens of
We" orK rights and privileges within our limits |
which are enjoyed by the citizens of every o,hsr !
tate, and IN imposing restrictions on the citizens |
II New York IN their intercourse with Virsini, |
which are imposed on the citzeus of no other Si,te
6y an act oil very recent date you have undertaken
Is one OF the co ordinate departments of this 20.
TO nerdc: the commerce and intereoupse
IF citizens of New York with tins state eyren, !
lnder severe restrictions. You have applied these
erms indiserminhtely to the innocent and the gull
y, and proclaimed that every citizen of New York
mould oe held responsible ton certain extent for the
etusa of the Governor Of that state 10 surrcn,.r
usitlves from justice who had been constuiion,I.
y and legally demanded. The act of the present |
esslon, TO prevent citizens of New York from
'auying slaves out of this commonwealth. and TO |
prevent the escape Of persons charged with The com
MISSION OF any erime," has been deemed on your
part a MEASURE OF necessary defence or prec,ution
Warranted 10y the refusal of the Governor of New
ork to acknow ledge and perform his constitutional
TO this state. You have thereby ttcr,I
- TO control the action Of the Legislative depar.
ncnt ol the Government Of that State Your au.
honly as one OF the coordinate departments of this
Government, and your duty to protect the Comon.
wealth by all leglumits means. has not been ones
Toned and unless Il Is conceived that all the powers
and all the responsibilities of our State GoveIn-
nens have been entrusted 10 the Legislative branch
i will not be denied that the Executive also h,s
duties TO perform and respo nsibililies TO meet with
in the sphere of It's powers, and thut these NAV lie
employed for the public SAFETY by this departm INT
with as much ptoprlety and as ample discretion os
those with which you are invested can be ennInv
ed ny yourselves, The act of Congress Of i7ga
requires that demand for fuaitIycs from iust,ce
shall be made on the Governor Of a State. Our
own Constitution requires the Governor of thi,
state 10 conduct oil intercourse with other and Eor
olgn States The question then arises whether the
Executive OF this State, IN IT'S intercourse with Other
states, has any discretion within tho acknowsdr.
ed sphere OF is du les, or whether il is mare ms
,ive instrument, bound absolutely and uncond,t,on.
ally TO res rd mutual and reciprocal contract the
total disregard OF which, on the pir; Of another State
has rendered such extreme measures OF pfe-nu-
Ton necessary IN your own estimation Are the ct.
Zens OF n. York more culpabe than their Governor
% has the Legislature Of this State any moro mn
.hoHty TO retaliaie on them for his delinquencies
Than this department has to require that he
shall do justice bsiore he exact II, that he
shall obey the Cons tuition and Laws which
we're designed 10 regulate our intercourse be.
fore he insists on their iuIflment by this Sia,el The
Federal Constitution prescnbes certain plain rules,
which were intended to apply To- all tho Stafes-
New York has denied that these rules or romedis,
are applicable to Virginia, and yet insists that Viz
GINA shall oNtond them IN her Her demand i.
made on the Executive Of Virginia, and on I'M, De
partment dcyOlycS the responsibility of drrtding