Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-26

ra,e and so LIBERAL will command the cooperation OF
every saveholdng State. The moral force oa unted,
and bearing down upon the good OF The people
New York, will prove too strong for the heTes'es ana
Y stinacy of her Governor. go
In n word, the Protest, if it has any effect WIZ oh'y
weaken us-but it can scarcely have much e"ee'" wy
way. 1t is document which TO use lis o"" '''
fused language) leaves us "sucien reason 10 oouo'
if il were not taken under the influence OF oonsi-
deraons not calculated to command lot u Tue i"''
weight of deliberate and unbiased judgment OH Tie
question submitted to (her) decision.
NEW YORK AND VIRGINIA
Mr. ROBERTSON moved that the following protest DC
entered upon the Journal of the House OF Delegates
Promising that the demand on the Governor OF New
York for the surrender Of Peter Johnson, made in
the month of July, 1889, and the refusal TO comply
Herewith was signed the 10th day OF September
following That the demand renewed by the Govern
f v;Tg;nia in April last under resolutions of the
Legislature of this State, requesting that the subject
should be laid before the Legislature of New York; that
this being done accordingly, Committee OF the House
of Assembly of N York the l4th May, lS4 reported
resolution dscaimns all right, on the part oil the Le
gsa,ure control the Governor in cases OF demands
made on him to surrender fugves from justice, yet
expressing the concurrence of the COMMITTEE IN the
that had been taken by the Governor and ask.
ing to be discharged from the further consideration Of
the subject, whereupon the said Committee was ac-
cordngly discharged that, upon the oh November
the Governor Of New York again sgniied
his adherence TO his original decision that the subject
in controversy appears further to have been before
the Legislature of New York at its present Session,
and the consideration thereof indefinitely postponed,
and promising also, that the law of the New York Lee
gisature entitled act to extend the right Of trial by
Jury passed on the 9th day of May, 1870
Declaring, we do, in the most solemn manner, that
we deem the grounds on which the Governor of New
York has placed his refusal to surrender the iugves
in question: well the said law Of May, lS40, To be
in direct conflict with the plain intent and true mean
ing Of the second and third paragraphs of the second
section third article of the Constitution of the u. s,
destructive of the compromises and volativc of the
spri: in which that instrument orig mated and without
which it never would have becn ratihed-uttcrly in
compatible with those rights OF property and OF dones
tic regulation which vital TO the interests, the ho
nor and the safety Of every community, and ordan
ed alike by the laws OF reason and the law of nations,
and designed To be vel effectuay guarded and
guaranteed by the fundamental compact of Union
seemingly intended to propate that mad and abhorent
shirt Of fanaticsm which would seek unlawful and
unatanabe object even through the destruction OF the
peace of the States and the separation of the Union it.
self-and expressing here firm determination not 10
acquesce grievous wrong but IT 1t shall become
necessary 10 take every proper measure OF setprotec-
ton or edrcss-yet against the act OF the General As
semby entitled San Act, &c. we for the reasons fol-
lowing do solemnly
lst.-Because in opinion no action has yet been
taken by the legislature Of New York which ought to
be construed into armance by that body OF the po-
n to surrender Peter Johnson and others the de.
mand of the Executive of Virginia; and in respec, 10
the of that functonary himself there seems TO
sufficient TO doubt II It were not taken under
the influence of considerations not calculated TO COM
mand for it the full weight of deliberate and unbas
sed Judgment the question submitted to his decision
ID Because surprising that refusal, on whatever
grounds to have received the deliberate and dehntye
sanction Of the present authorities OF the State OF New
York we are vet unwilling, looking 10 the structure Of
nd
tive political power retained by the people themselves
to countenance the idea that few men clothed with
rausory authority, may, through error, or folly, or
wickednsss, enbrol two great and friendly eommu-
mites; at least, until it shall clearly appear, tina, the peo
pie from whom they derive that authority approve their
course and to there appears no sufficient reason 10
believe, do believe, either that the people of \.
York have sanctioned, are at this time even general
ly informed of the proceedings of their political agents
in the premises.
3d. Because the act just passed tends to hinder,
rather than promote the amicabe settlement Of the
controversy with New York to kinde dissension and
excite unfriendly feelings where now exist: and
in cases Of such magnitude involving serious peril TO
the peace Of the Union considerations similar to those
Just stated ought opinion, to restrain the Legs
ature from adopting any measure having such tenden
cy until means should have been taken TO inform
the people Of this State Of the nature of the conro
yersy, and an opportunity have been afforded them TO
declare their will.
4,h Because we believe there exists, at this moment
between the great bulk Of the people Of Virginia and
New York, mutual feelings of amty and good villa
strong attachment Of the Union and the disposition to
abide by the compromises Of the Constitution and We
believe we may rely that disposition OF the people Of
New York, whenever their attention shall have been
called 10 this subject to redress the wrong complain
Of.
5th Because these considerations, which, in OPT
nion should have prevented the adoption 9" the act IN
question so far as il is founded Gov Stewards
fusal 10 surrender the fugitves demanded, apply with
greatly increased force to tina, measure, so far as it IS
based the passage of the law to extend the right OF
trial by uryhat law having been passed only on the
9Th day of MAY last so lately that lis existence
can scarcely be known to any considerable portion of
the people Of New York, certainly not so as 10 have
admitted of their effective lnterposton, and the re-
peal of which has not as yet even been demanded by
this State.
policy, and humanity universally recognized and acted
on BY civilized States, aud Of yet more imperous obi
CATION between the States Of the Union, require that
all honorable means tending to an amicablc aceommo-
dation of controversies should be attempted before
measures that may be considered OF aggressive or
retalatory character should be resorted to.
9TH Because this obligation in respect 10 controver-
sizes growing out of the violation Of rights guaranteed by
the Federal Constitution, renders it peculiarly proper
that demand should be made IN the first instance by
the State agcreved upon the General Government to
see that the provisions and requirements Of that compact
shall be observed, before such State properly take
the redress of the wrong complained of in its own
hands.
sth Because the surrender of persons charged with
crimes OF held service any State, escaping into
another, being required by the express stpuations of
the Federal Constitution, the due observance and en-
forcement Of these requirements is among the oblga-
tons imposed on the Federal Government.
9th Because, while we acknowledge that the safety
of the people law paramount to all other laws
question the ultimate duty of every State to right the
wrongs done to II by every means which God and Ma
ture have put its power; and while believe that
this State would be the last TO surrender to assa the
rights reserved belonging to the States or TO submit
to the usurpaton by the Federal Government of those
powers we believe she would not be willing 10 exercise
powers conferred that Government, unless in case
of extreme necessity until that Government shall first
have failed to enforce the guarantees stipulated by the
Federal Constitution
10Th Because, viewed as measure Of protection
il is ut once partial and inefficient, atiordng not even
semblance of protection, except to the tide water
country, and, as we believe, effective protection
to it,