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laws of the State, but by the Constitution
and laws of the United States. Neverthe-
less it is not only rightful but it has always
seemed to me to be proper for the Legis-
lature to express its opinion upon the SUBJ
ject by way of advice, and such an express
sion is more proper when the adherence
of this Department to its decision has with
other causes resulted in unconstitutional
aggression and retaliatory acts by Virginia
and South Carolina.


Grateful, therefore, to the Legislature
for the advice which has thus been recei-
we'd, | have considered it with the most
respectful Difference to their wisdom, and
with an anxious desire for harmony and
agreement upon question in which the
rights, interests and honor of this state are
deeply involved. After thus considering
the subject, without the benefit, however,
OF any of the arguments which have bro't
the Legislature to different conclusion,
remain of opinion, that being possessed
of the physical, moral and intellectual
faculties common to the human race cam
not, by the force of any Constitution or
laws, be goods or chattels, or thing, and
that nothing but goods, chattels and things
can be the subject of larceny, stealing or
theft. The Constitution of the United
States, so far from controver,ing truths
which seem to me SO obvious, acknowl-
edges them by carefully treating persons
held in involuntary servitude or bondage,
not as property but as men, while the
Declaration of independence, expounding
what to any mind may seem obscure in
the Constitution, declares that all men are
born free and equal, and have the inalien-
able right to enjoy life and liberty, and to
pursue the way to human happiness. In
view of the crisis at which our relations
with other States have arrived, and of the
close of the Legislative session, it seems
my duty TO make no delay in submitting
these views to the Legislature.


| am requested by that body to commu-
nica,e the preamble and resolution to the
Executive of Virginia. The Constitution
of this State declares that it shall be the
duty of the Governor to expedite all mea-
sures which shall be resolved upon by the
Legislature, and to take care that the laws
are faithfully executed. But the Legisla-
lure cannot efectually resolve upon any
measure, or impose duty on the Execu-
tive, except by bills passed both House:
and becoming laws by the Executive ap.
proval or by a Constitutional majority
notwithstanding his objections. lnp proper
cases l cheerfuIly comply with the requests
of the Senate and Assembly-but | cannot
do so when request conflicts with Con-
stitutional duties. could not transmit
the resolution in the present case without
silently acquiescng therein, and thus wal
wing a decision to which ! adhere, or
without accompanying the communica.
ton to Virginia with protest of my dis
sent. The former coLrse would bea plain,
paIpable dereliction OF Constitutional duty.
The proceeding if the latter alternative
were 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 for
bid me equally from recognizing such


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