The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-03-25

except Messrs Chopper, Smith. Of of W., Worth,
ington, Dabney, Tayoe, OF King George, smith, o.
Gloucester, and Mullen.
Some time after which, the Speaker submitted the
following communication from the Governor;
Executive DEPARrsFsr, March 20 lS4i.
| To The General Assembly Of Virginia
have received and most respectfully considered me
proceedings Of the General Assembly IN reference 70
order Of this department declining for the pfessn.
to surrender fugitive from justice on the demanu -
| the Coyernor Of New York While Il is a source oi
unaffected regret to that any difference q opinion
should exist between the Departments Of our Govern
ment on subjects of much delicacy ana importance
as those involved in the present unioT'una'o S,"up
between orr own State and the State OF New ork
am anxious believe that the agents o. inc reope "
| Virginia differ only US TO the means OF Pro'ecung
rights which are, ought to be, equally dear 70 an
/ Though the duties Of the States with regard TO the
surrender of fugvcs from justice have desolved un-
der The Constitution and laws of the Union, on the
Executive Departments OF their Governments, and
though In the language at our State Constitution,
| g the Legislative, Executive and Judiciary Depart
ments shall be separate and distinct that neither
exercise the powers properly belonging to either of the
Others" still the opinion of the General Assembly OF
Virginia entitled to the utmost respect and consdc
ration by the Executive because the Executive agents
are here appointed by the Legislature. Conceding
thus much, is maintained that with the exceptions
| recognised in our Constitution, each department OF
Government is responsible within the sphere Of
| its powers only TO the people.
l
bly, in their opinion the duties Of this department
the present occasion, may be excused, trust for
assigning some of the which have seemed TO
me to indicate the course of Executive action. Before
was adopted by the General Assembly Of Virginia in
| these words;
"That the course pursued by the Executive of New
York lin reference to demand for the surrender of
three fugtves from ustice) be- acquiesced in,
and if sanctioned by that State and persisted in II.
will become the solemn duty Of Virginia to adopt the
most decisive and efficient measures FOL the protection
ofthe property other citizens and the maintenance of
rights which she cannot, and will not under any cir
cumstances, surrender or abandon"
BY another resolution ! was requested to renew a
correspondence with the Governor of New York on
the subject ofa demand by my predecessor, with which
the Governor of New York had refused to comply,
for the surrender of three persons charged with having
eoniously carried away slave, the property OF citi
| zen of this Commonw wealth | was further requested
TO invite the attention OF the other savchoding States
to the subject and TO invoke their corporation IN re-
dressing the wrongs 10 which State exposed
by the refusal of the Governor of the State of New
York to surrender these ugltves from justice. The
| correspondence which ensued with the Governor OF
New York and with the slaveholding States, and its
results, have been communicated to the General As
semby. The whole agency of this department in
connexion with this controversy since have bee n
charged with its high and honorable trust, has
sisted in executing the request and pursuing the line
OF policy marked out by the Legislature.
The Governor OF New York has persisted in that
course of utter and wanton disregard of the obga-
tons of the Constitution, which the last Legislature
declared would not only justify but demand from this
State the most decisive and efficient of de-
fence. While the Governor Of New YoIk alone could
be regarded responsible for that course and while
hope remained that 1t would be repudiaied by his State
| urged on your consideration the most pacific and
concliiatory measures But when became apparent
that the which the Governor of New York had
aatI in had aa, a,f IN lat
General Assembly sanctioned" by the Legislature OF
hls State at its present session. concurred in the
conclusion which had been anticipated and declared
by our own Legislature, that il became the solemn
duty Of Virginia TO adopt the decisive and eff
cent for the protection Of the property of her
citizens and the maintenance Of rights which could
not and would not under any circumstances be sur
rendered or abandoned"
The State Of Virginia had been committed as to
her in this controversy and by Legislative au
thority before had the honor TO be connected with
the Executive Department. Events have occurred
which, In the estimation Of the General Assembly,
justified them in denying to the citizens of N. York
rights and privileges within our limits which
Joyed by the citizens Of every other State and in i'm
posing restrictions on the citizens of New York in
their intercourse with Virginia which are imposed on
the citizens Of no other State. By act of very re-
cent date you have undertaken, of the coordi-
nate departments of this Government to interdict the
commerce and intercourse Of citizens of New York
with this State except under restrictions You
nave applied these terms indiscrimnaiey to the nno
cent and guilty and proclaimed that citizen OF
New York should be held responsible to a certain cx-
tent for the refusal OF the Governor of that State
surrender ugtives from justice who had been consti
tutlonally and legally demanded The act of thepre
sent session, ITO prevent citizens of New York from
carrying .laves out of this Commonwealth and 10
prevent the escape of persons charged with the
mission OF any crime, has been deemed on your
part, measure Of necessary defence precauton
warranted by the refusal of the Governor of New
M tn acku rIu auJ,
Obligations TO this State You have thereby attempted
to control the action of the Legislative department OF
the Government Of that State. Your authority as one
OF the coordinate departments of this Government
and your duty to protect the Commonwealth by all
legitimate means, has not been questioned and unless
It IS conceived that all the powers and all the RESPONSE
biles OF our State Governments have been entrusted
to the Legislative branch will not be denied that the
Executive also has duties TO perform and responsible
ties to meet with in the sphere of its powers and that
these may be employed for the public safety by this
department, with as much propriety and ample dis
creton as those with which you invested can be
employed by yourselves The act of Congress of 1913
requires that demand for ugltives from Justice shall
be made on the Governor of II State Our own Con-
sItulon requires the Governor of this State TO
duct all intercourse with other and foreign States
The question then arises whether the Executive of
this State in its intercourse with other States has
discretion within the acknow lodged sphere of It's du-
ties, or whether II Is mere passive rdment bound
absolutely and Internationally to regard mutual and
reciprocal contract the total disregard of which, on
the part of another State has rendered such extreme
measures OF precauon necessary in your estima-
ton. Are the citizens of New York more culpablc
than their Governor or has the Legislature OF this
State any more authority TO retalate them for his
denqucnces than this department has to require that
he shall do justice before he exact it; that he shall
obey the Constitution and laws which were designed
to regulate our intercourse before be insists their
fu6ment by this State2 The Federal Constitution
prescribes certain plain rules, which intended to
apply 10 all the States. New York has denied that
these rules remedies applicable to Virginia and
yet insists that Virginia shall extend them TO her
Her demand is made on the Executive Of Virginia
and on this department devolves the responsibility of
deciding whether the burdens only of the Federal