Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-05-03
(Copy.)
STATE OF NEW YORK.
Executive DEPARTMENT,
Albanv A nrii 9Th ielI

Executive DEPARTMENT,
Albany, April 9Th, 1871.
Sir Your communication Of the 22d Of March
last, enclosing warrant for the surrender Of Ro-
10 acknowledged. The proper agent has been
directed to receive the fugitive and convey him to
this State.
Your compliance with this requisition is made, in
your communication, ground for asking reversal
OF my decision upon similar process OF your pre-
decessor, demanding the surrender OF Peter John
son and Others. Although the candor you have
avowedi Is by no means Questioned, II 10 a matter of
some surprise that you have treated the cases al
t,gether analogous. IL you could have shown that
the Indictment accompanying my requsi;ion was
informal and defective in charging the crime Of for
geryi VI a competent judicial tribunal had decided
that the indictment was thus defective, and that up
on examination there was probable cause TO be-
hcve the fugitive guilty Of an offence against any
Law Of this State, and if forgery were not a crime
offence sgainst the laws Of Vireinia the common
law and the laws Of all civilized countries, then, al
though the cases would be analogous il would in my
that the demand made by me ought to have been de-
nied than that thu requs:tion issued by your pre-.
decessor ought to be granted.
Your views concerning the questions recently
discussed between your predecessor and myself;
your protest supposed aggressions; and your
appeal to me 10 review positions heretofore assumed,
TO abandon opinions and measures pronounced by
you TO be erroneous and unite nable and to restore
harmonious relations between the States Of New
York and Virginia, have received most careful and
respectful consideration Since, however, YOU have
intimated that it would be Improbable to renew the
discussion Of the question referred upon its mer.
Its, my reply will necessarily be as general as your
communication.
The Lieutenant Governor Of Virginia in 1889
demanded of the Executive OF this State, Peter
Johnson, Edward Smith and Isaac Gansey, as tn.
gves, upon n vague and insufficient charge OF sieal-
ing a negro slave in that Common weath.-when
this demand was made the Constitution had exist.
ed during a half century, a period sufficient IL
may be supposed, to present domestic exisencies.
Of every character foreseen and intended to he
provided Tor Ivy the trainers of that instrument
During that period the institution of slavery exist
ed in Virginia and some other States, while in this
and others 1t was abolished. Yet within that long
time only one case is known TO have occurred in
which the Executive OF a slave.hoding State de-
manded from n State in which slavery had ceased
TO exist the surrender Of a fugitive upon a charge
similar TO that adopted by the Lieutenant
of Virginia; and no case is known to have han
pened in which demand Of that character made
unuer such circumstances, wns allowed-The affi-
davit was deemed by the Executive insufficient
and detective, even TO charge a crime against the
laws Of Virginia, while the question involved. if
the requlsition were supported by proper charge
was regarded ms one OF grave importance and re-
curing deliberate consideration. An informal note
was delivered TO the agent of Virginia, pointing out
the detects in his papers and giving leave 10 amend
q
the whole subj ct. In the meantime the supposed
fugItves avsied themseveso OF the legal remedy and
were discharged an n writ OF habeas corpus on the
grounds That the charge was insufficient, and that
upon examination, II was ascertained that the ua
offence OF The accused consisted in their beino sea-
men on board of ship in which slave had conceal
ed himself, with view TO what proved an unsuccess-
iu attempt Ia escape from servitude. The Lieu.
tenant governor, 10 whom the circumstances be.
came known, nevertheless, demanded a decision
caS tlx,r
presented 10 the Executive of thus State on on.
hand, the alternative of seeming willing 10 eyade
great constitutional question by placing his denial
OF the demand on the informal objection sustained
by the judge, the removal of which would not dis.
pose oil the subject, and the other that of ASSUME
ing the broad constitutional ground upon which. on
mature reflection. he satisfied the case must at
last be decided Both the frankness which becomes
public iuncLionaries, and proper respect for The
Lieutenant Governor of Virginia, rec uired the adon.
ton OF the latter alternative.
IL was not unforeseen that absolute and pron,-
bly irreconciiable difference of opinion must arise
between the Lieutenant Governor and the E1ecn.
tive OF this State IL was obvious that the former
would assume, ia conformity with opinions known
TO prevail IN Virginia, that men of cerran race and
condition may be, and property and chattles
tSe subjects OF purchase, SALE derse and theft The
Executive of this State, on the contrary would be
iallhess 10 the spirit Of its Constitution and laws if
he did not maintain that all men, Of whatever rnee
men; that every remedy for ouress of human he
ine, whether II he the writ de homine replegrando
haoeas corpus, action for enIicement or false
imprisonment, or indictment for kidnapping
regards hun as a man and not as property
and that is absurd in this State TO speak of prom
erty IN immortal beings and conseq uently CT steal
ing them as q would be TO discourse of a division
oil property IN the common atmosphere. Ii was
equally manifest that Virginia would insist that her
sister States should recognize the right OF properv of
DeODle i'm i
her Avs II would, on the contrary, become the
duty OF The Executive Of this State 10 hold thar
except so Tar as the principle is controlled by the
Artee OF the Constitution which declares that DER.
sons held TO labor or service IN one State by the
laws thereof, and ping into another shalt on de-
mand and proof, be delivered up TO the persons 10
whom such labor service is due, the relation Of
msster and slave Is peculiar local relation of the
state where II exists, Rnd that this State is not
bounu 10 recognize protect IL in any manner
much less TO protect il by extending for that pur
pose an Article Of the Constitution which had no
such deslgn nor any reference whatever TO the re-
ialion.
The Executive of this State, always careful to
avoid even any seeming interference with the insti
iutIons or municipal affairs OF other States wouId
nave gladly avoided such discussion, not from oh.
Jeeuons on his own part, but because he supnosed
me discussion, although invited by the lieutenant
governor, could not be agreeable TO the people of
virginia. But II was the pleasure NEVERTHELESS ~
the Lieutenant Governor Of Virginia 10 demand an
answer TO the requisition notwithstanding the de-
clsion would involve the great questions which have
Deen raised, and Notwithstanding he must boy.
hho~n moreover that compliance with the reoui.
sllon would be 10 surrender three men as criminals
"hom competent tribunal had pronounced ouilt. |
less, and thus exhibit the Executive trampling on
the judiciary aswell as striking down the liberty a
Citizens OF this State. 7
such were the circumstances under which the Err. |
ecutive OF ms State denied the requstion of the
Governor, and assumed the enounds on |
which that denial has been indicated The deris. |
ion was not, as you have assumed, designed as an
upon Virginia. and intended TO affect her
institutions Virginia was admitted, in the broad |
est sense, TO be sovereign within her territory in the
enactment and execution OF her laws. IL was denied
only That she could extend her legislative power so as
10 give right to the Executive Of this State or rem
DER II his duty 10 surrender is citizens 10 lie ysns
ported TO that Commonwealth % be tired, condemn.
20 ana punished, Tor acts not IN themselves wrong.
lul, nor regarded as criminal by the laws Of this
oAtei and Iaasmuch as differences might exist be.
tween the codes Of the two States il was conceded
mat IN asceuainng the intent Of the compact be.
l~een thenb reference might be made in such cases
not 10 the particular code Of the one or the otbe,
but 70 the common law received by both. The is,s.
NJ nations, and the laws Of all civilized countres
These principles had no exclusive reference to tbe
States IN which slavery exists, but were the same by
which other demands upon this State are tested and
lheY have been applied not only in the case IN aues
llon but IN others presented by Pennsylvania and |
NeW Hampshire, where that institution has long |
since become obsolete. The discussion was more.
over conducted in a manner which Il u hoped will |
be found TO have been always courteous and re.
spee.iul 10 Virginia.
The Governor Of Virginia 10 submitting the cor.