Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1841-04-01

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That ia ii OPINION the said fugitive, legally ehsig
cd with crime committed 10 New Yo,k. AID De
nanded bv tie Governor OF that State according Il
I the Constitution and laws 0f the United States
oush HI 10 be sarfesdsred notwithstanding the reia-
sal ef the Governor OF New York so 10 act Ia a sim
! liar case"
I All The members present voted for this
resolution, except Messrs. Chopper, Smith
Of /. of W., Wonhingion, Dabney, Tay-
Toe, OF King George, Smith Of Gloucester,
and Mullen.
Some time after which, the Speaker
submitted the following communication
from the Governor
! Executive DEPARrsEsr I
/ Msr,h 90 1871.
/ SIR Enclosed is communication
which YOU are respectfully requested TO
submit 10 the House Of Delegates.
Your obi serv't,
/ THOMAS W. GILMER.
/ To the Speaker ofthe House Of Delegates.
ExgcuryE DEPARTMENT.,
/ March 20, lS4l.
! To the General dsssmbly Of Firglaia.
! | have received and most respectfully
considered the proceedings Of the Gener-
al Assembly in reference 10 AN order Of
this department, declining Tor the present
TO surrender fugitive from justice on the
demand of the Governor OF New York.
While it is a source oil unaffected regret
to me thatan difference OF opinion should
exist between the Departments of our CO.
vernment, on subjects Of So much delica.
cy and Importance as those involved IN
the present unfortunate relations between
our own State and the State oil New
York, | am anxious TO believe that the
agents ofthe people Of Virginia differ only
as to the means ofprotectlng rights which
are, or ought TO be. equally dear to all.
Though the duties OF the States, with re.
gard 10 the surrender Of fugitives from
Justice, have devolved under The Conslitu.
ton and Laws ef the Union, on the Exec
utve Departments Of their Governments,
and though, in the language Of our State
Constitution, 'ihe Legislative, Executive
and Judiciary Departments shall be stpa.
rate and d stinct, SO that neither exercise
the powers properly belonging to either
ofthe others" still the opinion Of the Gen
eral Assembly Of Virginia, is entitled tn
the utmost respect and consideration by
he Executive, because the Executive a.
gents are here appointed by the Legsa-
ture. Correcting thus much, it is main
tanned that, with the exceptions reco sniz-
ed in our Constitution, each department
of our Government is responsible within
the sphere of its powers only to the people.
AS am unable to concur with the Gen.
eral Assembly in their opinion as to the
duties of this Department on the present
occasion, may be excused | trust, for
assigning some oftbe reasons which have
seemed to me to indicate the course Of
Executive action. Before | had the hon,
or to hold my present station, resolution
was adopted by the General Assembly in
these words:
E" That the course pursued by the Ex-
ecutive of New York On reference to II
demand for the surrender of three fugi-
tves from JUSTICE cannot be ucquiesccd
in, and if sanctioned by that State, and
persisted in, it will become the solemn
duty of Virginia to adopt the most deci-
sive and efficient measures for the protcc.
ton of the property of her citizens, and
the maintenance Of rights which she can.
not and will not, under any circumstances,
surrender or abandon"
By another resolution ! was requested
to renew correspondence with the Gov
ernor of New York, on the subject Of
demand by my predecessor, with which
the Governor of New York had refused to
comply, for the surrender Of three persons
charged with having feloniously carried
away slave, the property of a citizen Of
this Commonwealth. was further re.
quested TO invite the attention of the other
slaveholdng States to the subject, and to
invoke their cooperation in redressne the
wrongs to which our State was exposed
by the refusal of the Governor OF the State
Of New York to surrender these iugiiives
from justice. The correspondence which
ensued with the Governor of New York
and with the slave-holding States. and its
results, have been communicated TO the
General Assembly. The whole agency
Of this Department in connection with this
controversy, since have been charged
with its high and honorable trust, has con-
sisted in executing the requests and pur-
suing the line OF policy marked out by the
Legislature.
The Governor of New York has perss.
ted in that course of utter and wanton
disregard Of the obligations Of the consti-
tuition, which the last Legislature declared
would not only justify but demand from
this State The most decisive and efficient
measures of defence. While the Govern
or Of New York alone, could be regarded
as responsible for that coarse, and while
a hope remained that it would be repudia-
ted by his State, | urged on your conside.
ration the most pacific and concllialory
measures. But when it became apparent
that the course which the Governor Of
New York ha6 thus persisted in, had been,
in the language ofthe last General Assem-.
bly, sanctioned" by the Legislature Of
his State at lis present session, concur
red 10 the conclusion which had been an
ticipated and declared by our own Legs.
ature, that it became the solemn duty
OF Virginia to adopt the most decisive and
efficient measures for the protection Of the
property of her citizens, and the mainte.
nance Of rights which could not and would