STATE OF NEW-YORK. In Senate, April 9, 1842. Resolved, That the senate do concur in the said resolutions. WHEREAS the Governor of this state has refused to deliver up, upon the demand of the executive authority of Virginia, Peter Johnson, Edward Smith and Isaac Gansey, alleged fugitives from justice, charged with the crime of theft, viz. stealing a slave within the jurisdiction and against the laws of Virginia: AND WHEREAS the Governor has assigned as the reason for such refusal, that the stealing of a slave within the jurisdiction and against the laws of Virginia, is not a felony or other crime within the meaning of the second section of the fourth article of the constitution of the United States: Resolved, That in the opinion of this legislature, stealing a slave within the jurisdiction and against the laws of Virginia is a crime within the meaning of the second section of the fourth article of the constitution of the United States. Resolved, That the Governor be requested to transmit the foregoing preamble and resolution to the executive department of Virginia. By order, Resolved, That the assembly do concur with the senate in the above resolutions. By order, J. O. COLE, Clerk. STATE OF NEW-YORK. In Senate, August 23, 1842. Resolved, (if the assembly concur,) That so much of the joint resolution, passed on the ninth day of April last, as confines the subject of legislation to the apportionment of congressional districts, be so far modified as to allow legislative action on the following concurrent resolution: "Resolved, (if the assembly concur, That the Comptroller be and he is hereby authorized and directed to postpone the sale of the New York and Erie railroad and its appurtenances, until the first Tuesday in May next. By order. ISAAC R. ELWOOD, Clerk. STATE OF NEW-YORK. In Assembly, Aug. 25, 1842. Resolved, That the assembly do concur with the senate in the above resolution. In Assembly, September 5th, 1842. WHEREAS the congress of the United States, at its recent session, has passed a law entitled "An act for the apportionment of representatives among the several states according to the sixth census," which act provides that the said representatives shall be chosen by districts composed of contiguous territory, no one district electing more than one representative: AND WHEREAS, the constitution of the United States declares that the times, places and manner of holding elections for senators and representatives, shall be prescribed by the legislatures of the several states, reserving to congress the power by law to make or alter such regulations, except as to the places of choosing senators: AND WHEREAS the principal ground on which the reservation of this power to congress was urged, when the constitution was submitted to the states for adoption, was that it was indispensable to enable the general government to provide for its own safety and preservation, in case the states should neglect, refuse or be unable to provide for the election of representatives: AND WHEREAS, a majority of the thirteen original states, by solemn public acts, objected to the provision by which the power was conferred, and declared themselves in favor of such an amendment to the constitution, as should restrain congress from any interference with the regulations of the states for the election of representatives, unless the states should neglect, refuse or be unable to make such regulations: AND WHEREAS, the states have continued for more than half a century, in the undisturbed enjoyment of the right given to them by the constitution to prescribe the times, places and manner of choosing their representatives in congress, and have faithfully fulfilled that high trust, and no public exigency has arisen to call for the interposition of congress to overrule them in its exercise: Therefore, Resolved, (if the senate concur,) that in the opinion of this legislature, the interference of congress in a matter peculiarly of state concern, under no circumstances of public necessity, is unjustifiable, a violation of the spirit of the provision of the constitution, under which the right of interference is asserted, and at variance with the intention of its framers. Resolved, (if the senate concur,) That in the opinion of this legislature, the act aforesaid is the fruit of an arbitary and dangerous exercise of power in congress, and an invasion of the rights of the states, each of which ought to be left, in its own independent judgment, to prescribe such regulations for the choice of representatives as may be dictated by the wishes and convenience of its own citizens. Resolved, (if the senate concur,) That our senators in congress be instructed, and our representatives requested to use their influence to procure a repeal of the said act. Resolved, (if the senate concur,) That in the opinion of this legislature, the interference of congress with the choice of representatives in the different states, without being justified by any of the circumstances, against which the provision of the constitution authorizing its interposition was particularly designed to guard, can only be viewed as the evidence of an alarming disposition in the federal legislature to encroach upon the just rights of the states, aud that early and efficient measures ought to be taken to provide against the repetition of the evil by an amendment to the constitution of the United States. Resolved, (if the senate concur,) That in pursuance of the object expressed in the last resolution, the following amendment, which was proposed by the convention of the state of New-York, when the constitution of the United States was ratified, ought to be engrafted as a permanent provision upon that instrument, viz: Congress shall not make or alter any regulation in any state respecting the times, places and manner of holding elections for senators or representatives, unless the legislature of such state shall neglect or refuse to make laws or regulations for the purpose, or from any circumstance be incapable of making the same, and that in those cases such power shall be only exercised until the legislature of such state shall make provision in the premises: provided that congress may prescribe the time for the election of representatives. Resolved, (if the senate concur,) That the Governor of this state be requested to communicate a copy of these resolutions to the Governor of each of the other states of the Union, with the request that they may be laid before the legislatures thereof respectively. Resolved, (if the senate concur,) That the Secretary of State be directed to transmit a certified copy of these resolu tions to each of the senators and representatives in congress from this state. Attested by By order of the assembly. J. O. COLE, Clerk. L. S. CHATFIELD, Speaker. STATE OF NEW-YORK. In Senate, September 6th, 1842, Resolved, That the senate do concur with the assembly in their said preamble and resolutions, Attest. By order of the senate. A. C. PAIGE, President pro tem. I. R. ELWOOD, Clerk. INDEX OF EXTRA SESSION AND CONCURRENT RESOLUTIONS. Concurrent Resolutions Relative to laws for senate and assembly libraries, 415 Relative to the fine imposed on Gen. Jackson by Judge Hall, 415 Directing surveyor-general to collect maps &c. of state 416 ... 416 417 418 Relative to journals of provincial congress,. 419 Postponing the sale of the New-York and Erie rail-road, 420 gress,. Extra Session, Act for the payment of the expenses of,.... Mortgages. 420 412 Error in section sixth of chapter 277 corrected,........ 409 |