The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-03-27

ington, Dabney, Tsylos, Of King George, Smith, Of
Gloucester and Mullen.
Some time after which, the Speaker submitted the
following communication from the GoveInor
EXECUTIVE DEPARTMENT, March 20, l64l.
To the General Assembly Of Virginia
have received and most respectfully considered the
proceedings Of the General Assembly in reference
order of this department. declining for the present
TO surrender fugitive from justice the demand Of
the Governor of New York. While il is source of
unaffected regret TO me that any difference of opinion
should exist between the Departments Of Govern
ment on subjects of much deicacy and Importance
as those involved in the present unfortunate relations
between our own State and the State of New York /
anxious 10 believe that the agents of the People of
Virginia differ only TO the means of protecting
rights which are, ought TO be, equally dear to all
Though the duties of the States with regard to the
surrender Of fugtves from justice have devolved an
der the Constitution and laws of the Union, on The
Executive Departments of their Governments, and
though, in the language Of our State Constitution
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 conside
ration by the Executive, because the Executive agents
are here appointed by the Legislature Conceding
thus much it 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.
As am unable to concur with the General Assem-
bly, in their opinion to the duties of this department
the present occasion, may be excused, trust for
assigning some of the reasons which have seemed to
me Indicate the of Executive action. Before
had the honor hold my present station resolution
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 ugitives from ustice) cannot be acquesced 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 foi 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
correspondence with the Governor of New York on
the subject of dema nd by my predecessor with which
the Governor of New York had refused to comply,
for the surrender of three persons charged with having
felonousy carried away slave, the property OF cti-
zen of this Commonwealth. was further requested
TO invite the attention of the other savehodng States
TO the subject and TO invoke their cooperation in
dressing the wrongs which our State was exposed
by the refusal of the Governor of the State of New
York to surrender these fugitives from justice The
correspondence which ensued with the Governor of
New York and with the slayeholding States and its
results, have been communicated to the General As
sembly. The whole agency of this department in
connexion with this controversy since have been
charged with its high and honorable trust, has con-
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 measures of de.
fence. While the Governor of New York alone could
be regarded responsible for that course, and while
hope remained that would be repudated by his State
4 urged on your consideration the most pacific and
concllatory measures. But when it became apparent
sboff III h,.h sho( ofN "A
thus persisted in had BEEN the language of the last
General Assembly sanctioned" by the Legislature of
his State at It's present session, concurred in the
conclusion which had been anticipated and declared
by our own Legislature, that it became the solemn
duty of Virginia to adopt the most decisive and eff
cien 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
ler course In this controversy, and by Legislative
hority, before had the honor to be connected with
he Executive Department Events have occurred
which, In the estimation of the General Assembly
Justified them in denying to the citizens of m. York
lights and privileges within our limits which are en-
Dyed by the citizens OF every other State and in inn
POSING restrictions on the citizens of New York in
heir intercourse with Virginia which are imposed on
he citizens Of other State. BY an of very re-
ent date you have undertaken, of the co-ordi
departments of this Government to interdct the
commerce and intercourse of citizens of New York |
With this State except under restrictions You
lave applied these terms Unfortunately the inno
;ent and guilty, and proclaimed that every citizen of
New York should be held responsible TO certain ex
lent for the refusal of the Governor of that State
surrender fugtives from justice who had been const
and legally demanded. The act of thepre
sent session. 80 prevent citizens of New York fiom
carrying ,laves out of this Commonwealth, and to
prevent the escape of persons charged with the
mission of any crime" has been deemed, on your
art me nf defan an
by the refusal of the Governor OF New |
ork to acknowledge and perform his titutlonal
to this State You have thereby attempted
to control the action of the Legislative department OF
The Government OF that State. Your authority 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
bitIes OF our State Governments have been entrusted
to the Legislative branch 1T 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 proprety and ample dis
cetion those with which you are invested can be
employed by yourselves. The act of Congress of 1893
requires that demand for ugitives from justice shall
be made on the Governor of State Our own Con-
stuton requires the Governor Of this State TO con-
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 any
discretion within the acknowledged sphere of its du-
ties, or whether 1t is mere passive trlment bound
absolutely and Internationally regard mutual and
reciprocal contract the total disregard of which, on
the part of another State has rendered such extreme
of precauton necessary in your own estima-
ton Are the citizens OF New Yok more culpable
than their Governor, has the Legislature OF this
State any authority to retaate them for his
delinquencies 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 intercourse, before he insists on their
fufment by this State2 The Federal Constitution
prescribes certain plain rules which intended to
apply TO 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 the Executive of Virginia,
and this department devolyes the responsibility of
deciding whether the burdens only Of The Federal
compact TO this question to be borne by Vir-
ginia, while the benefits to be enjoyed exclusively
by New York. The constitutional obligations of Viz
glnia have not been denied. 1t has been assumed