Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1841-04-01


very recent date you have undertaken, as one
OF tho coordinate departments Of this Gov.
eminent, to interdict tho commerce and inter
course of citizens Of New York with this state !
except under severe restrictions. You have |
applied those terms Unfortunately to the in |
nocent and the guilty, and proclaimed that |
every citizen of New Y ork should be held |
responsible to a certain extent for the refusal |
OF the Governor of that state to surrender flu
glilves from justice who had been constitu-
tionaliy and legally demanded. The act of
the present session, "ro prevent citizens Of
New York from carrying slaves out Of this
commonwealth, and to prevent the escape of
persons charged with the commission of any
crlme," has been deemed on your part
measure Of necessary defence or precaution
warranted by the refusal Of the Governor of
New Y ork to acknowledge and perform his
constitutional obligations to this state. You
have thereby attempted to control the action
oil the Legislative department Of the Govern
ment of that State. Your authority as one
of the coordinate departments of this Govern
ment. and your duty to protect the Common
wealth by all legitimate means, has not been
questioned; and unless it is conceiv ed that
all the powers and all the responsibilities of
our State Governments have been entrusted
TO the Legislative branch, it will not he de.
perform and responsibilities TO meet within
IA, .,nn,nyad e. H. ,IiiU odfS.,, ~ -:
Partment, with as much propriety and as am
pie discretion as those with which you are in
vested can DE employed by yourselves. The
act of Congress of 1893 requires that de-
mand for fugitives from Justice shall be made
on the Governor Of State. Our own Con-
stitution requires the Governor of this State
10 conduct all intercourse with other and For.
eign States. The question then arises
whether tho Executive Of this State, in it's
intercourse with other States, has any discre-
ton within the acknowledged sphere of its
duties, or whether it is amcre passive instru-
nent, bound absolutely and Internationally
to regard a mutual and reciprocal contract.
the total disregard Of which, on the part of
another State, has rendered such extreme
measures of precaution, necessary in your
own estimation. Are the citizens of New
FORK more culpable than their Governor, or
has the Legislature of this State any moro au-
thorlty 10 retaliatc on them for his delinauen-
clcs than this department has to require that
he shall do justice before he exact it; that he
| shall obey the Constitution and Laws which
were designed to regulate our intercourse be-
fore he insists on their fuliiment by this State
The Federal Constitution prescribes certain
plain rules, which were intended to apply to
all the States. New \ ork has denied that
these rules or remedies are applicable to Vir-
ginia, and yet insists that Virginia shall ex-
tend them to her. Her demand is made on
the Executive of Virginia, and on this depart
ment devolves the responsibility of deciding
whether the burdens only of the Federal com.
pact as TO this question are to be borne by
Virginia, willie the benefits are to be enioycd
exclusively by New York. The constitu-
tional obligations of Virginia have not been
denied. 1t has been assumed, however. that
they are imposed by an authority as binding |
on New York as on Virginia and it has been
announced that they will be complied with on |
our part, when they are acknowledged on
hers. Is the Executive Department Of Viz
glnla alone 10 'acquiesce," where the Legis-
lature of the State have denounced acuuics.
cence as treason?
The Federal Constitution is compact be-
tween States. Each of these States has
rights beyond the control of that Constitution,
while its remedies are designed to be, and
must of necessity be, mutual or unavailing.
If the obligations ofthe Constitution are set
at defiance by one State as to another, the in
jured State must either submit 10 the wrong, |
appeal TO the constitutional arbiter, or seek by
Its own inherent power to obtain redress. 1t |
is apprehended that few persons will be found |
In Virginia, who will advocate submission to |
the wrong which has been perpetrated on this |
State by the Governor Of New York. This |
Department has already communicated to the
| General Assembly its views as TO the powers
of the Federal Government in reference to
this controversy, but it is not within the scope
OF Executive authority to appeal to that gov
eminent and the representatives Of the people |
have moi thought proper to do SO. You have
preferred to rely on the resources within the
reach Of your department yon have brought
those resources to bear on the whole State of
New York, and this Department has only
suspended its compliance with a demand of
the Governor Of New York, acknowledging
its validity, until that officer shall think pro-
per to comply with a precisely similar de-
mand long since made on behalf Of Virginia. |
Are tho representatives Of the people Of
Virginia alone to complain OF this The |
Governor Of New York cannot COMPLAIN. be- |
cause he is informed that The rights Of his |
State will be respected, when he respects
those Of Virginia. The people OF New Y ork,
to whom their Governor is responsible, NAV
ask him how long justice shsll be withheld |
from them, since 1t is III his power, at apy
moment. to entitle them to that which he
withholds from the people Of Virginia. In all
the relations of life, the demands of Justice |
are mutual; and is it only in the intercourse
of States that this rule is to be disreearded z |
III the aggressious of one State on the RIGHTS |
of another, are not to affect the claims of the |
offending State in precisely similar cases, |
when they arc preferred in the forum Of the
State which has been injured, acquiescence
on our pant, will only encourage the perpetra-
ton Of wrong, and oppression On the part Of
others. If the instance Of fragrant disregard
Of constitutional obligations which has oc-
Cured on the part of New York does not af- |
feet her demands on Virginia, it may be en-
quired how often the offence is to be repeated |
before we can be permitted. to hesitate in our
submission 1t is not the fault of Virginia |
that our relations with New York have been !,