Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-16

among those which created constructive ieonies and
by necessary implication asserted that the violation Of
such law act ..invoving no mora! ghiit contra
venlnG none Of the principles Of moral lussss, aho
exempt from censlre by the universal law eiSi-
lied State.
That The course of the Executive Of y ORR IA pal
pabe and dan disregard 81 MS duties uee' Tue
Constitution and laws Of the u ana iiat u arso
uely incompatible with the relations winch eRist o7
tween the States plan proposition 70 ADMIT y!
further a-rument lis fallacy Is obvious, that no
thing hut the respect due the Chief Executive olhceT
of sister State and the incaculable Importance OF thr
prlnciales in Owed could have ustihe6 US
sure hy arguments cmara;,ng from the General As
sembly and the Executive Department Of Virginia
Argument and reason have been exhausted me eS-
p!c,i and unqualified manner in which the Executive %
New ok has refused IL accedr 10 ctr IeasohaD!e &C.
/ r.and, prcciudcs further discussion
! i>o. Committee viii no; stop 10 comment upon we
unsatisfactory character Of the preteIs assigned ny
Governor Seward for long neglectng TO reply 70 'r
conmun Of the Governor 81 THIS State, made al
the request Of its Legislature. Questio1> OF courtesy
and etiquette sink gni.iclnce IN comparison
with the grave matters involved IN ias unhappy con-
troversy.
4 The course Of the Executive Of New York was OF 50
monstroDs and unconstitutional character, That 'H'
Legislature Of Virginia has been unwilling ~ belItie
from tie FIRST that the State in is sovereign Character
would sustain INN IN Il.
The error OF MS position was such that they eh'eI
tanned the hope that he, upon review Of Il would
1 voluntarily and magnanimonsiy abandon i. iis'ce
they requested the Governor 81 TINS State - renew ~
cores pondencc with ht;n requesting that lie would &C.
the grounds lie had taken and that lie would urge
the consideration II the subject upon The Legislature
81 his State But they declared the same time mat
the pursued hv hn could no. H. ncGutscea ~
and il sanctioned - Inc STATE, AMI persisted -, woria
ende. the solemn duty Of Virginia to adopt the NJ
decisive and efic,e tor the protection ~ le
property = her citizens, a,d he maintenance ~ IN
winch sic could and would not, Under my ciFclm
.i. Yf#4 a. i.r
Executive sanctioned H. the State and as been
persisted In Ii - we haze already declared ~ ~
Tenn legislative resolution, entered INTO acr a as
and after tie utmost ds!iberat.of- what our
course should &c.
In discussing this subject. the first inquiry which
presents ITSELF IS what control had the Legislature 81
Ncw York the subject. THIS question was CT.
cussed 10 extent, the report adopted ~ Inc
Legislature last winter. and yoEr COMMITTEE repeats
now lat said Then upon tins point lheFe are
many debated questions involved H. wlicn need mol
BE- decided |. may be insisted that TINS i question
arising under the Constitution Of the ned States ~
relation 10 which Congress ought to eg's!aie, ana
w.,h winch the State Legislatures haze nothing !"
do On the other hand, u raay h contenced, that
the State legislatures possess The t1cfD7re T'shl
10 leg>late upon the subject and that the pro-
vision or the Constitution merely imposes duty upon
lhe States, bot vests 70 po'rer II the ftucFai ~
yernea az anv department # i. except the J"Giridt
power ri declaring and enforcing the ri-hts secured ov
The Constitution. Iac third ground might be taken,
tha; the power cf legislation was concurrent ~ .oh-
rrsss and the State Legislatures our Committee
y. not undertake 10 decide these questions Out y
cannot bring itself doubt but that the State LeEsia-
iurc NAV act IN 4 manner not contracting he Con-
s,icn md idms oj e United states, 10 control the
Executive Of the State: and. IN the opinion Of your
Committee there rested upon u the most solemn ooi''
cation 10 attempt control bim IN case IKE MS IN
winch he had put the Constitution and laws ~ lhe
nited suites at defiance had pursued course neon
pliipie with the relations the Commonwealth bore 70
her s.,er States and calculated inevitably 10 destroy
the harmony Of the Union.
In fact mos, at the States have passed laws ~ aic
o the laws OF Congress npon the subject, whose con-
srtiona!itv have been successfully questioned,
providing for the delivery 81 iGgltvcs from justice
Rpi be THIS as IL nav the Governor Of o!k Spress
q in his communication - the Legislature 81 ms sate
il pretty cear terms disposition 10 ABIDE BY us de-
term nation IN the matter II did take, we have seen,
the subject into consideration And what was me re-
suit Of liz action Having the power TO controi Inc
Governor. either constitutionay, or by us acqales
cence and falling attempt II IN case like thls IN
which \ question was involved which threatened the
harmony Of the l Mon, and which had been brought
10 their consideration at the request OF SISTER sta'e'
gnder the most imposing circumstances, OF itse wac
4 sanction Of his course. But n this case the Le-
-islsDre did no, fail IL act The Senate, It y true,
turned deaf ear compliant Bot IN the tiouse'
the subject was referred 10 Committee, when after
wards asked 10 be- discharged from 'ts consideration up
on the grounds which have already been stated-upoh
vs-enor Of that State sound and ludicious, ana
that his EXPOSITION OF the meaning 81 the constitutional
p.oys IN question: was the o>Li one maj couia -
rscn consistently with the sovereignty Of the oa'e aia
the rights OF the citizen
And after House had declined 70 aci' aet''h y
the other would have been useless
4 more direct sanction Of the course Of the LSecu-
tire d: the State by - Legislature, couid MOI nave
been iven To take action, under the
was to sustain tie Governor. Unless they meant TO
control INN no action was necessary Or proper lRey
refused to &C; al our earnest request, ana ai'e
they had taken tie subject into CONSIDERATION " haa
refused = regard The course % tue Executive Is con
c,ya ~ The course of the State We protested ganst
hi, course and appealed 10 the Legislature; ana iaey
refuse 10 act IN the matter, upon the ground lhat Inc
course OF the Executive had been asicious and proper
(.pla more direct sacoa BE- gwen. In ADDITION 10
,ls The Governor subsequent 10 his course "hch mad
IN 10 II onr reinon,trance, has been before tie
neone II his State and ny them he has been reelected
10 his high station, and thus received ~ o'.ec nan
ne. verdict Of his constituents IN ia'oE q Tue P'
priety Of his magisierlai conaucl :.,. =
.o,,rol -. Governor or had net. II they had me
r;rbt ,bey declined exercise II, ana tey mus "
held 10 have sanctioned his course. y 'he5 '4- ,o'
the right, then his oiici al conduct con4o 9his oe ~
toned by the State in elect'hg nm IN an aspse'
of the question, therefore, the State mas ~
IF other evidence were necessary 70 show that the
LEGISLATURE Of the State o. New YORK coacurred wan
It's Governor upon tnis sl yeSIi - 49, - =
the opinion Of your Commit tee, IN tue IA" when wa
passed By that body its last session, PFescE0 ns the
mode Of proceeding to recover runaway saves. lns
provisions Of this law III! ooftan', ana Us coh
lion with the subject unde. Iteration y SO -'
ale and close that your Committee is sure that ne aPoio
~ necessary for gong MO deta,! IN relation se
H. It bears the posing title o: SIN adt 70 e~fe %.
- ~ AZ ty;ay In ;iyD:" and It wa 5 passed lie on q
say, $40 By large naorties ia both bfanehe. OF the
E, Legislature .-..o,,;;,,,r.. orI,s :,
we're communicated. To the erislatr-e OF New
Work on the 1th of April and tia, the COMMITTEE vas
discharged from the consideration OF TEN on .'s 9
Of NAY The law reported iFon' we 'u1
our proceedings were referred. 1t thus appears ina:
THIS law not more intimately connected IN -
with our controversy with the State than i VS. =;
prorr S through the Legislature. They fus' 'e
ed together, and regarded part and parcel o. 'Ae
The most n,portaa; provisions Of that law are these
I In the first section, il provides:
! Instead of the hearing provided By me iifsl d