Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1857-12-25
ConMUN1cATIoN FROM GOV. WISE.
EXECUTIVE CHAMBER.

of The !Stqie Of Virginia:
GEyrLraES:-l have the honor TO acknowledge
the receipt through your messenger OF your res"'u
ton requesting the Executive "to communicate 10
the Senate the reasons that induced him TO loan and
send beyond the limits or the State the arms OF the
Commonwealth" and ITO furnish the Senate with the
between Gov. Lyon and himself IN
relation to said arms"
With great Difference to the Senate, herewith fnr'
pjsh the reasons cslled for more fully than have
heretofore communicated them, and the whole OF the
correspondence with his e1celency the Governor OF
MARYLAND on the subject of enquiry. In my genera
message informed the General Assembly that The
Governor of Maryland had solicited for that State
loan of arms from the State Of Virginia, for the pur'
pose of protecting the freedom Of the polls and the
peaceful exercise of the elective franchise in the CITY
Of Baltimore at ths then approaching general cleo
on in that Stste and that had granted The request
for the reason of comfy 10 The sister STATE trhose
Erecutire mate the application.
trusted that this reason alone would he deemed
by the Senate, as it WAS by me- satisfactory and sui
fcient. But to show fully the manner in which the
subject was presented TO my mind, proceed turther
TO state-that found no legislative provision bear
ing on the question OF the power exercised oy s ~
this instance and did not pretend to act under any
statute but under the "Chef Erecntire poper OF th's
Communicable rested by the Constitution in Cov'
ernor" and under the specified power ITO conduct
either in person or in such other manner as shall be
prescribed by law, all intercourse with other and To-
reign States"
The General Assembly has never prescribed by
law the manner of conducting intercourse with other
States and, if it had tbs phrase ia in the dslunctVe'
and the power would sill he in the Governor 10 CON
duct il 'in person." The meaning of this clause IN
terpreted either in s pathological and vernacuar, or
international and constitutional sense, is nearly the
same. In the first, strictly, it means: ITO guide
Lead or manage all commerce, communication, deal
ing negotiation, or way OF living with other and 10
reign States; and in the latter ii is more comprehen
l.. Il call a NJ |.
erce negotiation, interchange Of offices or acts, or
dealing or any comfy or contest with other and TO-
reign States"
The general Executive power is we'll understood
Our Municipal Government is, by the second section
Of the Constitution divided into separate and distinct
Departments. Each Department is attributed with
'separste and distinct" powers: the one with Legts
latipe, another with E1eeut'ce and the third with
Judicial power. These Terms were well understood
by The 8. trainers Of our CanslltufiOn and by force
of their anOwn and received they import thsir
meaning IT the time OF their adoption aud since The
writers on public law very clearly defn. the meaning
OF each But Amercsn Constitutions have variousy
djstrihuted puwers 10 the three Departments of Go
vernment. differing in the distribution, in many in.
stances from The nature of the powers themselves az
they pr viOusly understood The Consfltutlon OIL
IN. United States for example, distributes the warde
carng power which had always been chased as az
Executive power IN ifs nature, to the Legislative
DO YER of Congress. But however the powers may
have distributed TO the Departments, by express pro-
vision; yet where there is no specific distribution
VARYING from the received nature sense o
the respective powers, the general division or dis
tribuion il left 10 the known meaning OF the words
"Lsvislative," "EX-cutive" and Judicial" pow
er Legislative in it's nature, not expressly assigned
to SONS other Department, 10 to be- referred to tn
Legislature; q power executive in its nature mol
expressly assigned to come other Department., is tt
he referred to the Executive, and as to powers IN
dic,ai in their nature, to the Judiciary This Is The
case rs the State Constitutions generally but fo
reasons hereafter stated il s not the case as to The
Federal Constitution
And there ia no mis.aking what is meant when it l.
provided in the fifth article OF rhe Constitution of Vr
ginia: THE chirf Executive pomcr Of this Common
,ofuith shall be rested in the Gouernor' The Execu
tive power of this Commonwealth il in Governor
and without going into the general meaning oil execu
tive power, or enquring what executive power is II
all it's attributes, fluid this specific power fo con
duet IN parsoR all iahrcourse mRh other States,
pre..ly granted. Whether had the power then, o
80 conducting intercourse with the State of Maryland
as 10 grant her comfy ard do iar her friendly &c
or office TO aid her executive in lawfully protecting
her people by sending for emergency and tempo
rsry use, the arms of Virginia did not for momen
doubt. know that such power is liable to abuse
hut know too, that the law Of State comfy cannot
in most cases, be defined any more than in socia
sense We can define ''good manners" and that II
every civilized government it mutt be left, az 1t is II
ours. to the exercise of sound discretion in the de
sgnated authority Evils greater than the possible
abuse of it's exercise would certainly follow the pro
hibltion OF such apower. 1t must be lodged some
where is eIerted in most cases by executive auhorl
w. and in the case OF our Constitution is expressly
vested in the Governor, by both the general and spe
cifc grant. These provisions, too, are no innova
tions; they have been parts of our constitution from
the first to the lsat and have been acted in many
instances in this and other States forming sons very
striking and yet very sale prtc.dents And the
dam ygtllp ed u Governor
under this grant Of power enter into any treaty, aHi
ancc, or confederation OF the State, because 10y ar
Gle first. tenth clause fret, OF the Constitution
of the United States, tbs STATE of Virginia herself Is
prohibited or restrained from entering into any tre0iy
alliance or confederation, &c, &c And there s ne
danger of Il Governor keeping troops or ships Of
war in time OF pence, or entering into any 'agrce
meut" or compact, with another State, or with q
foreign power. engaging in war because by the third
clause OF The ssne article aud secon-"NO Stats shsll
without the consent OF Congress- exercise any ofthese
powers and others named. If the State or Common
wealth herself cannot do any OF these acts, she cannot
confer the power do them and has not conferred il
upon any one Of her departments Of government
.uness in the language Of the Constitution of the
States, ''nctunHy 'nudd'd or an snch imminent dan
ger az triH not admit Of deiay." And mark this ex
csp,ion. If actually invaded, or there be imminent
danger not admitting Of delay, The State may eIer
else these pOwers, through the departments OF her
municipal government in which she has vested the
tonnage duty. and that powN would have to be e1er
cised by her General Assembly, because all her lie.
gisIative power is therein vested. and that power is
legislative in ts nature and che may then keep troops
or chips Of in time of peace, enter into an dgree
ncnl" or compact" with another State, or with n
foreign power or engage in war itself; and any OF
these powers which are executive in their nature
would have 10 be exercised in this State by Gov
ernor because the chief executive power OF the Com
monwralth herself il vested in him. Accordingly In
hcp AT fol her led Or
she was in imminent danger from the usurpations o
the federal government itself, she did not ask the
consent of Congress, but raised troops, purchased
arms and has kept her Public Guard in time Of peace
ever since-the standing army Of the State, or the
nucleus of one, with iui stand OF arms, snd an ar
rnory 10 make, repair, or to keep arms. And il il
vain to eHy that this done by legislative authOr
~. for that department can no more exceed its au
thority than can the Executive And The moment The
troops raised md the arms procured, they we're
placed by the Constitution under the control Of The
Executive having command 0! the land and nava
forc-. of the State.
Again, under the second section of The fourth art
ole uf the Constitution O. tho United Stafsa another
instance Of "ntercourse" between Sat- and State il
e1pr-ssly to BIO conducted on d'm1,d oT cBscuirc
ihority, in relation TO tughircs from justice And I"
.u,ug the mex; clause, in relation 10 fugitive from
ssrr,cr or nbor requires the delivery of thu prsrn
upon claim Of A party 10 rhsm such serr,ce or Ia
Dor nay b. due, not on demaud Of e1ecu i've au hor
~. II III ceicUrutcQ Cdsc, HnhTe VA"
If New York refused TO deliver up the p.rson the
oni,n OF The party, the Executive of Virginia was
deemed thu proper department IN interpnss and 10
.'oonduot intercourse" with the State OF New York
on the subject. Governor Inner did not hesitate to
demand of Governor Seward the person, and to take
other action in pursuance of executive duty and pow
Or. TIL zee where the authority which shall
in'erpose is both named and not named.
But there ia class Of Cares where no Constitution
can specify the power or the mode Of its exercise
For example Under section 4rh Of article 9TH OF the
Constution of the United States, "the UnHed States"
not Congress not the Executive. but the whole cor.
porate federal governmeu-";he United States shall
guarantee 10 every State in the Union republican
TORN OF government, and shall protect each of them
against invasion; and All application of tbs LsgI.s-
ture or Of The Erccmiire (when the Legislature
not be conv-n-d) against domestic rwi,Hcc " Now,
there is no question that If tbs Executive of Mary
land has 10 apprehend domestic violence, and
he could not convene the Maryland Legislature. h.
could have applied for protection to the United States
or 10 The frdcral authorities and why not a.o to
confederate Sttc We'll TO the Giauhornrs
The federal authorities might possibly BE- the inva
ding power refuse TO protect against the INVASION