Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-04-03
EXECUTIVE CHAMBER,
Albany, March 26tb. ISL

Il
relation to the controversy between Virginia and
New York.
EXECUTIVE CHAMBER,
Albany, March 26th, ISL (
TO THE LEGISLATURE.
transmit resolutions OF the Legislature OF Missis
sppl, concerning the decision of the Executive ot
'his Sate declining TO comply with reouiston
mace oy the Lieutenant Governor of Virginia in
1852 Tor the surrender of certain persons represen-
Ted TO be tugitlves from justice, charged with the
constructive offence OF stealing negro slave avail
myself OF the occasion to lay before the Legisla.
'ure certain other proceedings affecting the same
question.
On the Path Of February last, issued a reou;s;.
ton TO the Executive Of Virginia for the surrender
OF hooert +. Curry, fugitive from Justice CHARGED
with an aggravated crime of forgery. His Excellen.
cy the Governor OF Virginia, admits the regularity
OF the requis ton, and acknowledges that theSusi-
i've has been arrested and is in actual custody in
mat Commonwealth upon the charge contained in
the requisition. Nevertheless, he deems il proper
TO make his compliance with the reuuiston depen
Dent upon reversal Of the decis heretofore made
by the Executive of this State in the case before re-
terred to, and to detain the fugitive in custody SIR
months TO afford time TO the Executive of this State
10 reconsider that subject BY the documents trans
mted, It will he seen that have deemed il my du-
", unuet theSe extraordinary circumstances TO in
form the Governor of Virginia without deav. tina,
the decision in question cannot be reversed
ItapPears from the public prints, and is undoubt-
edy true that an act has been passed by the Legis-
ature OF Virginia, designed TO subject vessels own
ed or naVsated by ciizens ofthis State and depart,
ing from Virginia, TO inspection and attenptinr IN
impose other onerous and offensive restrictions
on citizens OF this Stste carrying on commerce with
the State OF Virginia. IL is understood TO be n.
mons the provisions of this law that it shall take
effect after the first day Of May, 1872 but that his
Excellency the Governor of that Commonwealth
may suspend the operation Of the same until tbs
end OF the succeeding session of the Legislature of
Virginia, whenever he shall be officially informed
that the Executive OF New York has consented TO
surrender the supposed fugityes before mentioned
and that the law of the State of New-York passed
May 9th, 1910, entitled IAN act TO extend the right
OF trlaI by jury has been repealed. A full COPY
OF said act of the Legislature Of New York. as
contained IN the public prints, is herewith laid be-
fore you.
1t will belong to the Legislature to decide whe-
Their the law that seems to have given offence TO the
Legislature OF Virginia shall be repealed but
trust It will not be deemed improper for me TO state
mat although supposed the trial by Jury was al.
ready ehectually secured TO persons claimed rs
fugitive slaves without the passage of the ACT in
question, and therefore believed it unnecessary vet
cheerfully deferred IN that respect TO the better
judgment OF the Legislature, and approved the law
the repeal of which IS thus demanded In nv
Judgment the law could not now be repealed and
especially under the singular cumstances present
ed, without raising presumption that the Legs
Iature lntended 10 deprive our own citizens or ON
or persons claimed fugitive slaves of the RIGHT of
trial by jury. Believing that the right is invaluable
as protection TO personal liberty, Is peculiarly
proper 10 cases where persons are exposed TO the
loss of liberty without even charge of crime and
that II Is important TO every human being within
our jurisdiction, IN proportion to the humbleness
and deiencelessness Of his condition, cannot re-
commend the repeal OF the act. If il became nv
place 10 speculate concerning the probabilities Of
legislative action, and III supposed possible which
! certainly do not, that any disposition existed
IN the Legislature to repeal the act, should deem
II my duty 10 demonstrate against the measure.
Unwilling to leave any ground for an expect.-
ton m regard to the Executive of this State that
convictions Of duty which have prevailed. noiwi,b.
standing the very elaborate arguments presented bv
the Executive and Legislature OF Virginia can he
rem we'd by any injurious measures adopted by that
State deem proper 10 repeat IN the most solemn
manner, that the humble individuals tho are nur.
sued 10y the Governor Of Virginia as feIons for the
offence OF being seamen on board ship IN which ,
neSfO secreied himself IN order TO escape from slave
ry, II they yet remain in this State are under the
protection OF It's Constitution and laws, and canno.
he surrendered 10 the State of Virginia by Exeeu.
tive authority, on the pret9nce up for that Dur
pose, without deliberate violation of both: ard
that this conviction, adopted after most mature and
impartial deliberaton, and strengthened Ivy subse.
quent reflection, IS IN no degree affected by the re
cent proceedings Of the authorities OF Virginia
Without intending any disrespect TO the St,te Of
Virginia. and cheerfuily leaving It's authorities IN
adopt all such proceedings rs may seem to them
right and proper in regard to the subject I avail
myself Of the occasion 10 declare that me isures
taiaton, injury and reprisil, ire deemed equally
unworthy the dignity Of this State and inconsistent
with its federal editions. The Executive Of thu,
State therefore, will not, although such course has
the sanction Of the example OF his Excelleney the
Governor Of Vrglnli, offer large rewards 10 induce
persons 10 sczs within the urisd ction and in viola
ton Of the laws OF Virginia. fugltives from the ius
ilce OF this State acquisitions for whose delivery 10
the authorities Of this State haze been denied nv the
Executive Of Virginia bot will be content To mn,
forth The lega. powers with which he IS e.trusted
The Executive OF this State will not appeal To sue
posed interestSqnd sympithes in other States, and
attempt 70 combine portion of the Union against
another, but will cheehuly abide for his cause the
test OF time andiree Investigation. The constitution
oil demands Of tie Executive Of Virginia pon the
Executive Of this Sta.e will in all clses lie
allowed ~ fully as n the Governor Of Virgin-
"a met his own obligations in the sop1e man.
neT, nor will measures Of retaIiatoty legt.Ia
ton bo recommended. On the conir,rv the
Executive Of this State, confJing IN the CSn,titu.
ton and laws Of the United States rs aTordnq am
PIE remedies FOR any injuries the citizens Of TIN,
State may suffer from u constitutional proceeding,
on the part Of the Stts II Virginia, is sntis6 I'd ,bat
u may be safely left fh magnannity Of Virgin,
and her own eEperien of.he Injurious consequence
oi those proceedings 70 secure an early relinquish
mcnt Of them and due Acknowledgements and DER.
iormapce VI all her constituted obligations.
WILLIAM II. SEWARD.