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constitution has ceeased to be the supreme law in so essential a particular, our domestic institutions and our property
are exposed to perils against which we have no adequate legal defence, either as it regards the insursions of the states
or of the federal government. The construction which absolves one state, or any department of the federal or state
government from its obligation to obey the constitution, necessarily absolves all other staes and all other departments.
The state and federal judiciary of New York, its senators and representatives in congress, the judiciary, the representatives,
the executives of other states, are no more bound to obey the constitutioin, than is the governor of New York.
If the state of Virginia has no right to demand the surrender of a fugitive who has stolen a slave here and south
refuge in the state of New York, because slavery is not recognized by the laws of New York, the owner of a slave can
have no right to recover his property there, and the slaveholding staes are exposed to all the burdens of our federal
compact, without deriving nay equivalent benefit, to all the dangers of a delusive alliance, without the means of
self protection which have been surrendered for its sake. It is in vain for us to be told that the state of New York is
prepared to acknowledge our perfect right of property in our lands nad chattels, and that the thief who steals a hat or pary
of shoes will be surrenderred to answer the criminal accusation under our laws, while he who steals or spirits away our
slaves, shall be permitted to do so with impunity, under the protection of that state.

The question which lies at the foundation of all the social relations between the states, is not, what measure of
justice may be vouchsafed to us by the arbitrary pleasure of any state, but whether the rights and the remedies secured
by our compact of union, and prescribed on the paramount authority of allthe states, shall continue to prevail.

It cannot be maintained that the constitutional rights of the slaveholding states have not been recognized by the
laws of New York. They are necessarily recognized by each state of the Union so long as the federal constitution
continues to be "the supreme law of the land." If the governor of New York admits that instrument to be valid and
binding on the citizens and officers of his state, he cannot deny that the right of Virginia to make this demand is
perfect, although the fugitives are charged with steealing a slave. He must succeed in establishing the authority of his
state as paramount to the constitution of the United States, or he must admit that a law which the citizens of that state
have ratified in convention as their supreme law, and which he and every other state officer has sworn to support as such,
does recognize slavery, so far at leasat as to give to this state the right to demand the surrender of a fugitive charged
with stealing a slave. And this is the whole extent of our controverys; for Virginia has not attempted to prescribe any
new rule or social relation to New York, nor to interfere in any manner with those which she may have prescribed for
herself. It is insised that the federal constitituion has conferred on Virginia the right to make this demand, and
imposed on New York the obligation to comply with it, and it remains to be seen whether that state can occupy the position
in which she is involved by the course of her chief magistrate, whether as a member of the Union, she shall
participate in its blessings without sharing its responsibilities and its burdens.

Virginia is not without ample means of redress for all the wrongs which may be anticipated. She does not appeal
to the states possessing a common interest on this subject with herself, from any distrust of her cause, or from any wish
to involve others in the controversy on her account. She desires to shrink from no peril which threatens her alone, nor to
avoid her just share of that which endangers the rights of any member of the Union. If it had been her object meerly
to vindicate her own rights, she could have done so by precipitating this question to extremes, without consultation with
her co-states. Had she followed the example of the chief magistrate of New York, and disregarded all constitutional
obligations on this subject, she would have had no doubt of the sympathies, though she might not have deserved the
succour, of those to whom she now appeals. But the constitution of the United Staes and the incalculable benefits of
our union are too dear to every Virginian to be abandoned while there remains a hope of their preservation; and it has
been deemed respectful to those states which are exposed to the same dangers, and which claim the same rights as ourselves,
to submit our controversy to their calm reflection, that they may advise us if we have mistaken their constitutional
rights and our own, or aid us by their counsel and co-operation in our effort to re-establish the just and
constitutional relations of the states.

It may be asked, by what means shall this be effected, and why has Virginia asked you to "co-operate in any
necessary and proper measure of redress which she may be forced to adopt," without indicating the character of the measures
which are contemplated? It is becuase Virginia does not regard this question as her own, but as involving principles
of the utmost consequence to all the states, that she desires to confer with her sister states as to the mode and
measure of redress, instead of committing herself and them by action, the necessity of which she is anxious, if possible,
altogether to avert. She desires to be assured by your authority that she has not mistaken her own rights and
yours, and to obtain the benefit of your agency in effectually vindicating them.

it may be asked, why this appeal is made only to the slaveholding states. It is answered, that unless there was a
necessity to invoice the non-slaveholding states to meet us in convention, as co-arbiters of this controversy, it would be needless
to ask their counsel or co-operation in regard to a subject on which they may be supposed to feel no other than a
general interest as members of the Union. The expectation is still confidently i ndulged, that reason alone will be
found adequate to re-establish the principles and letter of the constitution in this essential particular, and we sannot
with propriety ask that those who have no immediate interest in the question, should furnish arguments for us who have.
Virginia has forborne to invite the co-operation of the non-slaveholding states, from no want of confidence in their
devotion to the Union, and to the principles of mutual and just concession in which is has been founded. Whilte she
could not fail to be gratified by the voluntary sanction of their judgment in foaour of our rights under the constitution,
she has not desired to embarrass them, nor to commit herself by an appeal to their authority. Besides, this is a question
on which all the states have continued from 1787 to the present time, to concur in the conclusion established
by the constitution and maintained by Virginia, and it might be deemed disrespectful to presume that any state, even
New York herself, would sanction the dangerous fallacies of governon Seward. But two instances are remenbered in which executive officers of the states have hesitated to comply with the requisitions of the act of congress, where

the peculiar interest of the southern states were involved, while it is a source of much satisfaction to know, that as
yet, no state has deliberately sustained their heresies. The legislature of Virginia have therefore deemed it sufficient to
lay this general subject before the nn-slaveholding states, without inviting their immediate co-operation. I have
accordingly communicated the proceedings of our general assembly to all the states.

I am not instructed by the legislature to suggest any specific line of policy as likely to be adopted by this state, or
to be recommended to you. Common interests and common dangers require tha there should be mutual condifence
and concert between us. Should the state of New York, or any other state, persist in this arbitrary denial of our
rights, you are apprised by the recolutions of our legislature, that the state of Virginia does not intend to submit to so
dangerous and palpable a violation of our compact. We desire to know whether those states which, like ourselves,
have peculiar interests involveed in this question, concur in our convictions of right, and in our resolution to maintain
them.

There is no difficulty in finding means for our defence. The difficulty is, in being convinced that any portion of
our countrymen will drive us to resort to them. There can be no more auspicious occasion than the present, for the
slaveholding stated to demand an explicit understanding as to their constitutional rights, and to terminate forever the
experiments which mischievous spirits have been alloed to make on our property and our peace. If there is any
question connected with sourther interests which can be met with calmness and composure, with solemn deference for
the established principles of abstract justice and cconstitutional law, by the whole American people, it is surely this.
If the appalling dangers and florious triumpghs of which our Union has been the witness, can inspire no reverence for
the past, will the sacred names of justice, findenity, patriotism and religion, avail nothing for the future? Has the
maniac yell of fanaticism silenced all these? If it be so, it is time that the painful truth were known to all, and that
we may no longer lean ona broken reed, which will o nly pierce our sides.

I have been encouraged, however, to hope for a more cheering result. I have thought thatt his questions was
destined to arrest the serious attention of the states, and to revive the feeling and reflections which agve rise to our happy
form of union, to remind us of the sacrifices and concessions whch established our national independence and
prosperity, and to teach our countrymen that there is danger of losing the substance of the liberties now enjoyed, by grasping
at the shadow of universal emancipation. If I am mistaken in this, Virginia may still derive some consolation
from the reflection, that the danger was one which she did not seek and could not shun.

The legislature of New York, it is believed, have not concurred in the views of her executive, and thought the
subject was submitted to them at their last session, they failed to express any opinion directly on the subject of this
controversy. I should infer nothing unfavorable from this, but for the passage of an act by that body, after this
subject was before them, giving or designing to give the right of trial by jury to slaves arrested in that state on the claim
of their owners, and imposing very serious obstcles tothe recovery of this species of property, and very severe penalties
on the unsuccessful assertion of the master's rights. A similar statute of that state, it is believed, has been
heretofore annulled by the state judiciary, as contravening the federal constitution, and th act of congress of 1793.

The adoption of retalatory measures by the slaveholding states, if this denial of our rights is persevered in, would
probably arrest the evil, and lead to a speedy adjustment of these questions. But as too early a resort to such means
might probably preclude a dispassionate recognition of our rights, as as we cannot distruct the justice of our demands,
and ought not to anticipate a want of fidelity inour countrymen to a constitution, which they like ourselves have sealed
with their blood, and sanctioned by their oaths, Virginia is reluctant to follow the example of the governor of New
York, and consider our federal compact at an end. It remains to be seen whether the expression of one common feeling
and one resolution on the part of slaveholding states, will hereafter prevent some such necessity. It is very
evident that the single infraction of the constitution which has occurred in this instance, if not redress, may elad to
the total subverion of those amicable and intimate relations which that instrument was deisnged to establish between
the states, and that in their intercourse with each other they will be exposed, under the construction of governor Seward,
to all the inconveniences and all the dangers to which foreign and hostile nations are subject.

I have the honour, sire, to request that your excellency will bring this subject to the consideration of the legislature
of your state, and to offer the assurance of the distinguished esteem, &c.

With which I am,
Your ob't ser'vt
Thomas W Gilmer

To His Excellency the Governor of
Tennessee