New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1842-04-15
THE TRlB U-N E..
Northern Slavcry-Ncw York md Virginia.
MESSAGE FROM THE GOVERNOR.
L',,-- -,rr,.I ir,riI

ENEourtvE ClL.MrEK, April IL, 1919
To the Lesisc,ure:
received last evening preamble and rcSolr-
rion in which the legislature after rccng my re-
fl,al to surrender Peter johnson. Edward Smith
aud Isaac Ganscy as ingtivcs from justice, and
further ycciting that | had assigned aS=the
reason for that refusal, tha; stealing slave
within Jurisdiction and against the laws ct
Nirciilinz wa, not q crime within the meaning OF
that part of tie Constitution OF the tntcd States
which relates 10 the demand and surrender OF u-
giiivc. from Justice has expressed an OPINION adj
verse TO the construction OF tina; instrument which
had thus adopted. The ,,,bjcc, to which the res
olu,ion refers is exclusively one OF Executive re-
sponsbili,v tho duties OF this Department in re-
card 10 the de nland and surrender OF tugtivcs from
Justice being prt Scr5cd, not BY the Cons ttution
any laws of the State, but BY the Constitution and
laws OF the United States. Nevertheless it is not
only righttu but II has always seemed TO tobc
proportion the LegiSlatur.. express It's opinion
upon the subject By way OF advice, and such an
expression is more proper when the adherence Of
this Department to its decision has. with other
causes resulted in unconstitutional aggression and
re, a atory acts Gv Virginia and South Carolina
,eu, therefore, 10 the Legislature Tor tie adj
vice which has thus been received, i have consid
cred itwilh the most respectful Difference I" their
wisdom. and with an anxious desire tor harmony
and agreement upon question IN which Tic II ghs.
interests and honor OF this State are deeply IN
volycd. At:cr thus considering the subject with
the benefit, however, OF any OF the arguments
:yliic! Erought=hc Legislature different
yu-ion Iremain of opinion, that Il being possessed
OF the physical, moral and Intellectual faculties
common To the human cannot, by the tolco of
any Constitution or laws. be goods o. v!iaitcls or
!. thing and that nothing but cyDs,=chattcls, and
IL; ,
theft. The Constitution of the United States, 30
g.; l,ora contlovcrng truths which seem to me
obvious, acknowledges them by carefully ,re;,i:.s
persons held in involuntary bondage, not as prop
cry but as men, while the Declaration OF Indie
pendcnce, eXpoulding whs.. 10 any mind may seem
obscure in the Constitution, declares that I'LL men
axe oo.n tree and equal, aHd have the innHrnablc
right to enjoy life and to pursue the Way 10 human
happiness. In view of the CRIES at which ",ir
lations with other States nave arrived, and of the
close of the Legislative session, il seems my du,y
10 r4okc delay in submitting these views TO the
Leg islalurc.
am requested bv,lat body communicate the
preamble and resolution the Executive of Vir-
gnio. The Constitution of this State declares that
]. SHALL be the duty of the Governor cxpcdit. al.
measures which shall be resolved upon By the Le-
gslalure and TO take thot The l""s are lalth-
=fi,llv e~Ac..l. But the Legislature cannot effect
uali; resolve upon any measure, impose duty
on tie Executive, except by bills passed By both
Houses and becoming laws by the Executive APP
proval, or by a Constitutional majority, notwi,h-
standing his objections. In proper eases. cheer
fully comply with the requests .; lilc Senate and
As5embly-but Ecannat co SO when request con-
Aics with Constitutional duties. could not trans
al. the resolution in the prcsc.t.case without 81,
lently acquicscins therein, and thus warning de-
csion to which | adhere. without aceon. panving
the communication to Virginia with protest of my
dissent. The iolmey course would DC q plain, pal
pabe Gerel;c,ienof Constitutional duty The pro.
seeding if the latter alternative wcle adopted,
would not tend to enhance the respect in which
this State is held by her sister States and by the
Civilized World.
Cherished principles Of civil liberty forbid me
equally from recognizing such natural inequality
among men as the resolution of the Legislature
.cct,!s to ms 10 assume, ard from contributing in
any way rerFc,uate the inequalities Of political
condition. from which results . large portion otthc
evils of human lite
The Seua,c ana Assembly will therefore excuse
lac from assuming the duty which an assent to their
request would impose, and will, If j, be proper.
select some other organ OF communication with
Tie Executive authority Of cur Sister Common
wealth. WILLIAM II. SEWARD.