Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-02-24

FaI!e Of deciding ,ic qu"o;on wheu he e.ou!u h. CALI.
20 "ci ar'l H. No" IL was ioT the very that
rms IN ,mf"rf"t 42csis"a, tbs: he desired tie u.
hi"s ~ Hlr S;Sssnsna upiu He aiao .:oncu5i.t
"hh VI. Scs.ie'l ii tie second proposltiu that u.
'"i'; ""g' = ~ i""cfDcr who wou,, nuL ii capable
:" h'tii"I i,e question when il should II,
you'd :" iif'hrf 'tan that gentleman and would say
HAT ~ iaa va Il, - tr Governor al this Con.no
wealth -" ~"a'' ari c !rady an wiling 10 ave il
opinion Po; :- qnc~iIni chcver he should be calico
"h IL express y. lie regarded this AZ a miserable al
Temp, T. AUX from candid avowa al his opinion
npon tbs question Hnt in order Ia ake this position
snme What ienair, il j. cvn,cnded that the Governor
81 tins S'"s IS not "n: not bound, but that hr has
rt2h !" Iet"e law ri Congress and that unless ihs
Legislature .! ,hls State should act III this matter, lha
she Governor nnehi not. lie here quoted from .it
article IN IN" Enqnler: sf they refuse y hat right In:
lie - sr' Hader ac u Ill. Federal Government, with
"a INSTRUCTIONS fon our Legislature = lie did NJ"
contend mat there was any penalty annexed 10 ihs
new performance Ct the du'y imposed BY the act o
Congress. :" hat he con.enGcd Cor was tia. the agen
might, and ought 10 be appointed By III Executive Q
Inc state, unless the Legislature ordered otherwise
In orne!, however, TO show that the Executive OF Ink
state may re authorized 10 execute law Of Congress
e would ask The attention of the House tn the resolu
Passeu with, belIPgC61 entlf(
unan'm'ly III relation 10 controversy with the STATE
of New York
Rrsof1td, therefore, IN lie Gsnerai fssemiiy, Tint
IN It's opinion, the sand fugitive. if legally charged
with crime committed in New ork and demanded by
The Governor OF that State, according 10 tue Cnnstu
ton ard 'dcS nl the United States ought to be
bered, notwithstanding the refusal Of The Governor OF
New lork SO to act in similar case.
IL VIII be perceived by reference 10 the resolution
that this House unanimously resolved that Gov. See
ward had violated the Constitution and the laws, be
cause lie had refused comply with reqnisiion made
upon Inn nn6er Me lac IF Congress, which imposes
upon The ch.f frecafice of Mc States the dnty Of deli
verng up tugtivea from justice, and yet the very
temen who were foremost in passing the resolution he
had quoted, are now urging that the Governor of the
State ;as 10 rigM TO execute law OF Congress. Fol
himself. he hoped that this House would irown down
any such attempt 10 evade plain, practical question,
question which! he regarded as highly important.
MIR. BA,Ly said he was prepared TO answer the Oh
jections Of the gentleman from Cumberland. That
gentleman had asked whether Mr.. Stevenson had DE-.
termined TO appoint agent 10 receive the money
der the Distribution act if The Legislature failed to do
lie would say, he authority CT MIR Stevenson
HIMSELF that his mind was not made upon that question
The House well knew that tins question new one.
All acknowledged tha.nnt the article in the Enquirer,
they had not taken il serious consideration For
one anticipated that the Legislature would shrink
from the appointment Ct The agent and throw the duty
on the Governor. 1t mad not, until very lately been
mooted; and Mr.. Stevenson for the last eight or ten
days had been PROSTATE upon bed Of sickness unable
10 attend 10 il any other matter requiring reflection
He (Mr. b. saw ielter from that gentleman last
evening III which he stated that he had not read tie
Distribution Law, much indsposcd as TO be
unable 10 examine any subject whatever. Ought he
have dorc under these circumstances than 10 de-
clare that he considered this important question: aud
that he WIS not prepared to decide il; Mr. Il. felt
assured liz would decide became his high character
The gentleman from Cumberland had said the ques.
ton clear and that the provisions OF the act had
only to be looked INTO order to determine what
course should be pursued in relation TO to the appoint
ment Of agent That gentlemans perceptions
doubtless clearer than HIS but ne did not consider
il go VERY simple. He (Alr b. was always inclined TO
disrust the opinions of ios. who decided constitu
tona questions like this al glance. To his mind, the
question not plain II seemed TO that gentle
mans. The General Government, he held, did not
possess the right to impose duties on State officers
The General Government was empowered 10 execute
its legitimate duties with its own officers. And so
averse is Virginia 10 uniting in the same person duties
under the State Government and the Federal Govern.
men that her Legislature, half century ago, passed
a law prohibiting any person holding any Office, OF
place, commission or appointment whatever, whe-
Their any pay or cmoument be attached 10 II or not,
from holding any office place, or appointment under
Ibis Commonwealth il had frequently been decided
that State officers not bound 10 execute duiies
posed upon them BY laws of Congress. If Nh Ste.
venson we're 10 undertake, from bed Of sickness,
10 decide this question, from a mere glance at the
Distribution law, which the gentleman considers
enough to enable him 10 do it, it would exhibit him as
unworthy OF the high station to which hs friends pro-
posed to call him. He had not however decided It on
The spur Of the moment, butt he ought to have DONE
he told his friends, g" consider this important qnes-
ton, and TT to be Governor mo Is not aUie
TO meet and decide it.
But. he might ask the gentleman from Cumberland,
how this became such important and vital question
in this election; Was it not wholly n matter CT con-
tngency whether the proceeds of the sales OF the pub
lie lands were 10 he distributed. lie commended
il was doubiy First, il very uncertain whether
the law would be permitted 10 remain in force an effort
would probably he made TO repeal H. Secondly, by its
own provisions. the law may be imperative, and the
fund not distributed, whenever the duties on imports
exceed % per cent. Al this time, we had n national
debt Of 81 100000 many Treasury notes issued; and
the Government actually under protest. IL was there
fore evident that, unless there tremendous re-
duction ofe1penditures, which pated, and
which the gcnllemans friends did not seem 10 desire
or unless direct tax laid, which one proposed
the tariff must be increased beyond twenty per cent if
the land fund was distracted from the Treasury ne
Distribution law, therefore, would probably be inopera
tive.
There was another contingency which he would
mention in support OF his assertion, that this was not
very important question, as connected with the cleo
ton of Governor Here now Wing ajority III
pose that they would pass law for the reception OF
this fund.- il assigned that should be received
The law Of Congress enoned ii on the Legislatures of
the several States, and appoint agents. and only on The
Governors 10 appoint IN case OF the failure Of tie ie
pisutures to perform the duty. number or l.eg'sa.
lures met only in Two years, North Carolina and
Tennessee for nstnnce and it 10 provide for con-
ngencies like ts that the law authorised the Cover
nors 10 perform The duty Of appointing agents. and not
for cases where the Legislature did not act The Lee
gisa,ure of Virginia is in session. Let il appoint an
agent. Mr. B. apprehcnded they would no, refuse TO
perform the duty If it secured the fund 10 be received
and thus this mighty war Of words growing out OF an
article in tie Enquirer out TO be worse than an
attack upon windmill. Those members who have
been king 60 much fuss about practical questions,
have been all the while discussing mere abstraction
skuking. aud Of disposition 10 conceal the opinions
Of MIR. Stevenson In answer, Mr.. b. said. that Tia
side were prepared to give Mr. Stevenson sopnlons on
all subjects. Bat suppose it were otherwise suppose