Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1841-04-01
EXECUTIVE DEPARTMENT, !
March 90, IS4l. s
10 Ms General assembly Of rIrginia:


have received and most respectfully con.
sidered the proceedings Of the General As
sembiy in reference to an order of this depart
ment, declining for the present to surrender a
fugitive from justice on the demand Of the
Governor Of New York. While it is source
ofunaffected regret TO mo that any difference
Of opinion should exist between the Depart
ments of our Government, on subjects of so
much delicacy and importance as those in
vOlvsd in the present unfortunate relations be-
tween our own State and the State of New
York, am anxious to believe that the apents
fthe people of Virginia differ only as to the
msans of protecting rights which are, or
ought to be, equally dear to all. Though the
duties Of the States, with regard to the sur
render offugitives from justice have devolv-
I'd under the Constitution and Laws of the
Union, on the Executive Departments oftheir
Governments, and though, in the language of
eur State Constitution, ''the Legislative. Elk.
ccutlve and Judiciary Departments shall be
separate and distinct, SO that neither exercise
the powers properly belonging to either of the
Others" still tho opinion OF the General AS
sembly Of Virginia is entitled to the utmost
respect and consideration by the Executive,
because the Executive agents arc hero APP
pointed by tho Legislature. Coaoedng thus
much, it is maintained that, with the excep-
u
partmsnt OF our Government is responsible
within tho sphere ofits powers only to tho
people.
AS am unable TO concur with the Gene
ral Assembly in their opinion as to the du-
ties OF this Department on the present occa-
sion, may DO excused trust, for assigning
Some of the reasons which have seemed to
me to indicate tho course of the Executive &C.
'ion Before had the honor to hold my pre-
sent station, resolution was adopted by the
General Assembly of Virginia in these w ords :
''rhat the course pursued by the Executive
Of New York Tin reference to a demand for
The surrender Of three fugitives from justice. J
cannot be acquiescsd in, and if sanctioned by
that State and persisted in, it will become the
solemn duty of Virginia to adopt the most de-
cisivs and efficient measures for the protec-
ton Of the property of her citizens, and the
maintenance Of rights which she cannot and
will not, under any circumstances, surrender
or abandon"
BY another resolution was requested to
renew correspondence with the Governor OF
New ork on the subject of a demand by nv
predecessor, with which the Governor Of New
York had refused to comply, for the surren-
der Of three persons charged with having fe-
loniously carried away slave, the property
of a citizen of this Commonwealth. l was
other slayeholding States to the subject, and
to invoke their cooperation i'm redressng the
wrongs TO which our State was exposed by
the refusal OF the Governor Of New York to
surrender thess fugitives from Justice. The
correspondence which ensned with the Gov
srnor of New Y oIk and with the slayehold-
ing States, and its results, have been commu-
nicatod TO tho 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 pursuing
the line of policy marked out by the Legisla-
ture.
The Governor Of New York has persisted
in that course Of utter and wonton disregard
OF the obligations of the constitution, which
the last Legislature declared would not only
justify but demand from this State the most
decisive and efficient measures of defence.
While the Governor Of New York alone
could bo regarded as responsible for that
course, and while hope remained that il
would be repudiated by hi. State, urged on
your consideration the most pacific and con-
clliatory measures. But when it became ap-
parent that tho course which the Governor of
New York had thus persisted in, had been,
in the language Of the last General Assembly,
sanctioned" by the Legislature Of his State
-.ie piSsSHt SsSsIOI, cCUcu1Teu IN Ine con-
einsion which had been anticipated and de-
s.ared by ourown Legislature, that it became
1.-THE solemn duty Of Virginia TO adopt the
most decisive and efficient measures for the
protection OF the property of her citizens, and
the maintenance Of rights which could not
and would not, under any circumstances, be
surrendered or Abandoned
The State Of Virginia had been committed
as to her course in this controversy, and bv
Legislative authority, before had the honor !
to be connected with the Executive Depart
meDt. Events have occurred which in the
estimation OF the present General Assembly,
justified them in denying to the citizena os
New York rights ard privileges within our
limits which are enjoyed by the citizens of
every other state. and in imposing restrictions
90 tho atizens Of New York in their inter.