Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-23

/ Urlicicv
as those involved in the present uni"unn, relations
between our State and the State OF New York.
am anxious to believe that The agents OF the people
of Virginia differ only us TO the Of protecting
rights which are, or ought to be, equally dear 10 all
Though the duties of the States, with regard 10 ihr
surrender Of iugitivcs from Justice, have deyotcd
under the Constitution and Laws of the Union, the
Executive Departments OF their Governments, and
though the language OF our State Constitution "the
/ Legislative, Executive and Judiciary Departments
shall be separate and distinct, that neither exercise
the powers properly belonging To either oil The Others
still the opinion Of the General Assembly of virginia.
entitled 10 the utmost respect and consideration py lSe
Executive because the Executive agents are mere APP
pointed by the Legislature Conceang thus mueh' IT'S
maintained that with the exceptions recognized III our
| Constitutions each department OF our Government Is
responsible within the sphere Of lis powers only TO The
people.
As am unable to concur with the General Assem-
bly in their opinion as to the duties OF this Department
on the present OCCASION may be excused trust, Tor
assigning some of the which have seemed 10
me TO indicate the course of Executive acton before
had the honor hold my present station, resou'o
was adopted by the General Assembly OF virginia III
these words:
"Thut the course pursued by the Executive oil New
York lin reference to demand for the surrender Of
three fugitives from jusce) cannot be ncquescca VI,
and il sanctioned by that State, and persisted m WIZ
become the solemn duty Of Virginia 10 adopt the most
decisive and efficient for the protection OF the
property of her citizens and the maintenance OF rights
which she cannot and Will not, under any
surrender ahand.n.
Nv another resolution requested 10 renew
correspondence with the Governor of New iork on Inc
subject of demand Nv my predecessor, with winch the
Governor of New York had refused to comply ior lhe
surrender Of three persons charged with having eio
ously carried away slave the property OF czeh o.
| This Commonwealth-l was further requested 10 IN
wife the attention of the other slave hoIdns States 10
the subject and TO invoke their cooperation IN redress
ing the wrongs which our State was exposed by the
refusal of the Governor of the State OF New ioTk TO
surrender these fugtives from Justice The correspon
| dence which cnsued with the Governor OF New lork
and with the slave holding States and its results, nave
been communicated the General Assembly. nc
whole agency of this Department IN connection WIN
this controversy, have been charged wan us eh
and honorable trust, has consisted IN executing le ,e
quests and pursuing the line OF policy marked out "
the Legislature. !,
The Governor of New York has persisted in that
course Of and wanton disregard OF the
of The Constitutions which the last Legislature declared
would not only Justify but demand from tins STATE 'i'
most decisive and efficient measures OF defence
While the Governor Of New York alone conid ne r.
uarded az responsible for that course, and WINE hoP,
remained that would be rcpudiatcd by his STATE
urrrd on your consideration the most pacific and con-
cilatory measures But when it became apparent ihai
the course winch the Governor OF ~ York mad Ens per
sisted in had been in the language OF The last Icneia
Assembly sanctioned by the Legislature Of ms 9'ae
al its present session, concurred IN the CONCLUSION
which has been anticipated and declared by our own
LEGISLATURE that became ''the solemn duty I" Nlr-
gina to adopt the decisive aud efficient measures
for the protection of the property OF her citizens ana
The maintenance Of rights which could not and would
not under any circumstances be surrendered or apah
doncd.
The State of Virginia had been committed as to her
course this controversy and BY legislative authority,
before had the honor be connected with the Ike
cutve Department. Events have occurred, winch ~
the estimation OF the General Assembly justified them
in denying the Of New York rights and PR
vileges within limits which enjoyed by the c.
tzens of every other State, and IN imposing iesfc'
tons on the citizens of New York in their intercourse
with Virginia which are imposed on the citizens oil
no other State BY act of very recent Gate you
have undertaken, one OF the coordinate depart
men,s Of this Government TO intcrdct the commerce
and intercourse Of the citizens OF New ork Win tEis
State except under severe restrictions You have aP,
Piled these terms ndiscrimnatey 10 the innocent and
the guilty, and proclaimed that every citizen oil "
should be held responsible 10 certain extent ior The re-
fusal Of the Governor Of that State to surrender iugi
tives from Justice who had hccn consttutrona!y aud
lerally demanded The act Of the present session,
To prevent citizens Of New York from ing slaves
out of this Commonwealth and TO prevent The escape
Of persons charged with the commission OF any CRIME
has been deemed your part measure OF necessary
defence or p.ccauticn warranted by the refusal OF The
Governor Of New York 10 warrant and perform his
constitutional obligations 10 THIS State You have there
Nv attempted 10 control the action OF the Legislative
department Of The government Of that State our
authority as orc Of the coordinate departments oi this
governments and your duty 10 protect the Common
wealth Is all legitimate means, has rot been cues
toned unless conceived that all The powers
and all the Responsibilities ri our State Governments
have been entrusted 10 the Legislative branch Will
not be dcned that tic Executive also has duties u
perform and Responsibilities to meet within the sphere
Gifts powers and that these may he employed Tor the
public safety by ths Department. with much prorrl-
cy and ample discretion those with which You are
, invested can be employed by yourselves. The act
oc Congress Of 1888 requires that demand Tor iu-
ri,vcs from Justice shall be made on tic Governor Of
n State Our own Constitution required the Cover
nor Of this State conduct all intercourse with other
and FOREIGN States. The question then arises Hhc-
Their the Executive Of this STATE in lis intercourse with
other States, hns any discretion within the acknow-
lodged sphere Of IFS duties whether II IS mere pas
siye instrument bound absolutely End Internationally
to regard mutual and reciprocal contract, the total
disregard OF which, the part at another State, has
rendered such extreme measures 81 precautton ces-
sarv in your estimation. Are the citizens q! New
York more culpab!e than their Governor, or has The
Legislature Of THIS State am authority 10 rca
late on them for his deinGuencies, Than tbs depart
men, las TO require that he shall do justice before lie
exact II, that he shall obey the Constitution and Laws
which were designed TO regulate our intercourse, BE-
fore he insists on Their iu!ilment BY THIS State The
Federal Constitution proscrhes certain plain rules,
which were intended 10 apply 10 all the States
, New York has denied that these rules remedies
are applicable 10 Virginia, and yet INSISTS that
virginia shall eS,cnd tic:n 10 her. Her dcmand is
made on the Executive Of Virginia. and this Depart
lncnt dcvolvcs the responsibility Of deciding whether
the burdens only If the Federal compact = Tins
question are 10 b. borne by Virginia, wi!e The benefits
} are 10 he enjoycd exclusively by New York The
constitutional obligations Of Virginia have not been de-
MED |, has been assumed, however, thaithcy are i'm
posed by an authority as binding on New York as on
Virginia and il has been announced that they viii BE-
complied with part when they arc acknowledged
on hers Is the Executive Department Of Virginia
alone to "acquicscc, where the Legislature OF the
State have denounced acquiescencr as treason:
The Federal Constitution Is compact between States
Each Of these States has rights beyond the control Of
that CONSTITUTIONS while lis remedies designed 10
be- and Of necessity be- mutual or unava'n.. II
the obligations Of the Constitution set at defiance
BY one State 10 another, the injured State must either
submit the wrong appeal 10 the constitutional arbcr,
or seek by It's own Inherent power, TO obtain redress
1t is apprehcnded, that few persons will be found IN
Virginia who will advocate submission to the wrong
,pl,cb has hpnn ucrpcracd on this State ,y The Gu