Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-18
POLITICS..

From ms Albany Argus, Feb. H.
THE VIRGINIA CoSTRovERsy.-We publish to-day,
in part on first page, the admirable speech of MIR.
Taylor of Onondaga relation to the controversy into
which this State has been most needessly plunged by
the Governor, with Virginia. We shall follow II up in
day or two with the remarks of Mr. Jones of New
York, who may be said TO have exhausted the argument
on this side of the question
This subject has been before the House at inter-
walls almost from the beginning Of the session. So
long indeed that the public may we'll wonder that it
has not been disposed of in some way. The original
motion in reference to it, it will be remembered was
the proposition of Mr. Lawrence (the Democratic
member from Queens) 10 refer the matter to Select
Committee. This proposition, involving merely the
expediency Of enquiry, met at the time with little
opposition from the Federal side Of the House In fact,
before the first days debate closed, the propriety
of reference of the matter was obvious, that one
of the leading Wing" members suggested that it
should 90 to Joint Select Committee OF both houses
and the suggestion at once acceded TO by the
mover But the usual party drill was immediately
brought bear upon the subject out of doors, and IN
day or two, one Of the doers-of-all-work for the
Junto in with proposition, in effect to give the
subject the goby for the session, on the ground that
the matter belonged exclusively to the Executive and
that the Legislature had business to meddle with it.
1t was liz this stage of the matter that MIR. Looms OF
Herkimer brought forward his proposition, designed to
elicit the sense of the House the several positions
taken by the Governor of this State, in the course OF
the controversy.
In this shape, the matter has stood ever snce.-No
question having been taken any of the pro?o-
sitions before the House Meanwhile, the subject Of
the public lands has been thrown in, and, doubt
partly with view to stave off the Virginia question:
When the House will come 10 a question OF either
subject remains to be seen
SPEECH OF Mr. T3YLOR, in the assembly
TuesdaY February 2d.
iRepo.,ed for the Daily Albany Argus
Mr.. TAYLOR SAID he should have preferred, with
the gentleman who had just taken his seat, (ir Town
send) that the gnal resolution offered by the gen.
tleman from Queens (Ar L1wrence) should have been
acted on by the House to the end that this matter might
have gone to select committeeman that committee
should have taken the subject into their serious cons
dera,on and reported the result of their reflections to
the House, and that the Of the Legislature might
have been taken upon the proposition winch they mIgh2
see fit TO present
But (said Mr.. T) the gentleman from Tompkns
(Mr l.. Hubbell) has presented resolution by way Of
amendment, which is more Immediately before the
House, and which, especially when taken in connec
ton with the remarks of the mover and the gentle
man from Albany, (Alr Wheaton, seems to me to i'll
Goye The question of the power right of the Legis
iature TO act the subject, at ALL We have been told
in substance that this is matter belonging exclu-
siyely to the Governor-that he had thus far acted
for the State, and would continue TO act, should il
become necessary, and that not called upon
aud ought not to interfere. The position of the
gentleman from Albany was, that each branch of
the government had its specific duties assigned 10
it, and that we should be careful to keep within
appropriate sphere of action. agree said (Nlr To
that have these specific duties assigned TO US ;
but | hold that have besides, other general du-
ties to perform, growing out OF our relations to
the people at large-representing as we do not only
their viii, bu! to some extent their sentiments also.
We have other duties growing out oil our reations as
coordinate branch Of this Government, towards other
equally independent States. This very question no
doubt within the range Of the duties of this lie
sature growing out of relations with other States,
and it can scarcely admit OF dispute that this House
has the power pass judgment on this controversy
with Virginia The Governor in the opening OF his
message has truly saidrhe field of public service to
which you have been called 10 bounded by no narrow
limits and after enumeyating many specific duties,
says, cit includes all the responsibilities and powers
which sovereign States may and exercise, with
the exception only of those expressly granted to the
Federal Government, and subject only to the lima-
tons prescribed by the Constitution of this State and
that of the United States
Gentlemen (said Mr.. IT, will find it difficult TO show
that in taking cognzance Of this question, thereby
break over any of the barriers OF the Constitution of
the IT, s. or of the State. On the contrary, instead Of
our powers the usage of every State in
the Union from the earliest period, VIII bear Us out in
now giving an expression upon question whch IL
may not belong 20 us to decide dehnitively Gentle
men, before this session has advanced much furtler
viii he called upon to express an opinion upon another
question, which this House has no more power TO de-
eide Than this. The Governor himself has already IN
yiied an expression of opinion upon matter which It
equally beyond our province 10 Sete he uds GAIL
I'd our to the great subject of the distribution
III the public domain, and has given his views at large
an tkat question: and recommends TO the Legislature,
Il they agree with him, TO embody their views IN for
NAL expression of opinion and recommendation. If
gentlemen now decide, by their action OH this subject
that this House has right To meddle with question
which it does not belong TO us'to decide, where will
they find themselves when that other great question
comes up, as it most certainly Will
The circumstances attending this controversy, (con-
tnued MIR. T. and the considerations involved, make
il especially the duty Of this legislature TO express an
opinion in regard to it, As to the position assumed to
justify the House in blinking this question-that IT be-
longs exclusively to the Governor-the gentleman from
Herkimer (Nlr. Loomis) has well said that the Go.
is not compelled to act all, unless directed
act by the Legislature of this S,ae-,hat he not
bound to execute office thrown upon him by law
of Congress. There is in fact power that can
compel him. as Governor Of New York, to perform
an official act required by law of Congress, where
the Constitution of the u s. imposes no such oblga
tion In this case the Constitution is silent who
shall deliver up fugtves from other States. 1t pre-
scribes that the State, the sovereignty ITSELF shall
make the surrender. The Executive and Legislative
Department of the States doubt bound TO see
the iniunctions of Tie Constitution carried out The
Executive may refuse to act under the law of Con.
Dress. and NAV strike out course for HIMSELF under
his Constitutional obligations. No State Executive has
MS vet refused 10 act under the law of Congress u
s. officer but in of neglect refusal to do so, 10
doub, he could be compelled by law of State lie.
oislature Some of the States have already passed
laws Masking it the duty of the State Executive 10 sur
render unitiyes under The circumstances contemplated
~ tla No 0uhf nj hr n Us