Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-18

10 the Legislatures of the States TO make provision that
this clause of the Constitution shall be carried OUT anu
particularly are we called upon 10 act in case Ike
this where great controversy has grown up, nvoS
ing serious and important questions affecting the rghls
of the people, the security oil persons ana property
and the integrity of the Union question presenting
sucb important considerations should command the at
tenon Of this Legislature, and ought not to be suffer
cd 10 mass off without expression Of opinion IN re-
gard TO 1t. ,,,
ulay TO object to any expression on the part oil
The Legislature because he insisted the State oil
yrrnia had menaced the State of New fork-hecause
Virginia had nsued the Governor of the State OF n
| York. Mr. Speaker, If could persuade myself that
that position strictly true-tha Virginia has &C
tuay epdeavored by and insults and threats,
to coerce the State Of New York to do what her debe
rate Judgment could not sanctIon-l would say win
the gentleman, that / would not yield my views OF
right under such circumstances What are Inc facts
Did the Governor conceive himself insulted: Is nc not
capable Of determining what constitutes an insult to
himself or the State. Did he upon receiving The resou
tons The Legislature of Virginia, decline correspond
ence the subject, on the ground OF insult OF menace
| Did he not go into I correspondence WIN the Go
vernon of VIRGINIA the subject matter OF these reso
lutions. Did he ever intimate that he conceived him
self or New York insuted? No, Sir-no such thing is
apparent from the -rcspondence--nor IN the Govern
or communication 20 the Legislature tins year. Then,
| Sir have right 10 say-thal the governor ci ne"
York not having taken exceptions 70 the manner or
the attitude of Virginia. throughout this whole
nondence. (Which | will say has been managed on
his part with much abity0 in his communications
10 The Lep,slature-that whatever of insult
nance gentlemen may now discover in the course
of Virginia, the Governor of New York has waived
all such objections our part and We precluded
at this late day. from falling back upon that ground.
But (sad Mr.. T) look at the resolutions of Virginia
on which the gentleman from Albany, (Alr. Wheaton,
| ID. VOL
in that they charged upon the Governor Palpable vio
lation of the Constitution, which if we'll founded,
would be good ground for an Impeachment The reso-
luton to which the gentleman particularly referred is
| this
That the reason assigned by of New York for
surrender Peter Johnson Edward Smith and Isaac
Gansey fgitye o justice upon The demand Of This STATE
dangerous violation Of the Constitution ana laws OF Tie lhca
| states'
Now, (said MIR. T.) do not conceive that that 1850
luton designed to charge on the Governor OF New
York that he had knowingly (as the gentleman from
Albany insised) violated the Constitution look upon
it as a mere expression Of opinion upon the cons'Itu-
,onaity of the ground taken by the Governor OF New
York II does not speak of his refusal 10 deliver
up these fngves, constituting violation OF the
Constitution, but Of the reasons assigned IN connection
with that refusal, violation OF the Constitution
Virginia saws the assigned are wholly unsals-
factory and that such grounds the course OF the Go
vernon is in conflict with Inc Constitution. The ex-
preston the part of legislative body that tins or
that is unconstitutional, does not necessarily imply
charge Of wilrul violation OF the Constitution and ne
yer was so considered. Neither the expression Of
the Legislature OF Virginia on is question De construed
to mean any such thing
know of no other part o. this correspondence which
| should conceive designed BY Virginia as threat
as designed insul.or anything that can ne constru-
ed as suc-ei,her towards re Governor or Legislature
ofthis State Nor do ihnk should discharge our
duty TO our consttuens,k could Justify ourselves for
refusing to act on this ct the ground that New
York has been insultcd Virginia To refuse to act.
would in fact amount to implied censure on the Go,
vernon for having acted llseli II he mad conceived
himself insulted as the gentleman from Albany insist
ed and through him. that New York had been nsuted.
it was his duty to have told Virginia at that the
tone they had assumed Of menace, and insult, in
compatible with any further correspondence between
the two States or he should have submitted the matter
to the Legislature for lis advice and counsel. have
rrht to infer in the absence of all this that the Co
vernon did not feel himself insulted can conceive
with the gentleman from Albany, that New York ought
to buster back and decline TO act on this ground still
further embroiling in difficulty with that State.
insist that it is duty this Legislature owes to the
Governor if they believe lie is right in The positions
he has taken, in great controversy like THIS, nvo!v
inc vital interests the Union, TO declare the opinion
that the Governor is right and stand BY him, instead
of saving that will take action. II, on the other
hand this House shall be Of opinion that the Governor
has erred-tha he has misudged in matter when an
error NAV lead to such serious consequences-it IS
our duty to express such opinion No doubt the Go
vernon would listen 10 the views of the majority Of
this House with Difference, and re.examine The SUBJECT
with the care and deliberaton which the great inter-
es,s involved demand at his hands. 1t is also duty
we owe to Virginia, who has requested Of this Leglsia
ture an expression Of opinion on this subject That re-
quest was communicated by the Governor 10 tbs House
The matter was referred To committee and that com
mittee reported in part That, however, not con-
sidered BY Virginia expression on the points in
controversy The committee asked 10 be discharged
from the further consideration OF the subject and they
were discharged No action had on the report Of
the committee The Governor of Virginia. in his mes
sage, says:-"There is yet much reason TO hope that
g the views of the Governor of New York may not be
sanctioned By the imposing authority OF his State.
And further 81 reluctant to regard the indirect
ton of their last Legislature as evidence oil con-
&c currencc with the views OF the Governor or those
!" of the committee to whom the proceedings OF Tie last
Virpinia Legislature were referred -"lt is due to
the relation of perfect amity which has 50 long SUBJ
sisted between Virginia and New York; besides the
obligations which due from each to the Constitu-
ton, that we should leave nothing to be inferred
against ourselves, and nothing to be presumed as to
" the course Of that State.
Here then. it is evident that Virginia did not con.
ceive that the Legislature of New York had responded
to her resolutions, and that she is awaiting the
ton of this House. Virginia does not threaten, II we
sustain the Governor, to make war on New ORR, as
the gentleman from Albany ntmates; but merely de-
cares that she will protect rights and interests which
she cannot and will not surrender. That, insist, Is
no threat New York, under similar circumstances,
would say the same; and will not, trust, on any occa-
son surrender rights and interests which may require
her protection.
Clearly, then, Continued Mr.. T) we have the right
to express opinions on this controversy and 1t Is
due the Governor, 10 the People represent, and
to Virginia, that we should do Especially it due
to Virginia, which above all other States in this Union,
is referred to for the soundness of its views points
of constitutional doctrinewhich has ever been cour
teous, though frm in its intercourse with the other
members OF the Conederacy, and which now asks, in
respectful terms, that New York will respond through
her Legislature, the question in controversy be-
tween the two States.
Having come to this conclusion, cannot vote for the
proposition Immediately before the house MIR. l..
ubbclls,) that ought not 10 take any action on this
subject--and especially when consider Tin connection
with the reasons Of gentlemen in its support As to
the resolutions Of the gentleman from Herkimer will
not detain the house long Nor do design, nor should
l. If felt competent attempt 10 90 into an elaborate