Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-01-04
VOLUME XXNaY.---NO. 40.

pecting fugitives from justice. and persons escaping
from the services Of their mastrrs'-an ucl passed in
Gnrlherance Of the seCund section Of the fourth article Of
the Constitution, which says, "a person charged in any
State with treason. felony or okcr crime, who shall flee
fro.a justice, and be found in another State, shall, on de-
mand Of the Executive authority of the State from which
he fed, BE- delivered up. To be removed to the State hav.
ing jurisdiction OF The crime'--exprrss! and psTempto-
riiy declares, "that whenever the Executive authority nj
any State in the Union. or Of either OF the Territories
Northwest o. South of tho river Ohio, shall demand any
person as a f"gtirct from justice, ofthe Executive auihoT:.
ty Of any such State or Territory, 10 which such persons
shall luve fled, and shall! moreover produce the copy OF
an indictment found or an ctsIart made, before n mags-
trate of any State or Territory, rs aforesaid, charging
the person y demanded with having committed treason,
felony or oihu crime, certified as authentic by the Go.
vernon or Chief Magistrate OF h" Sint. or Territory from
whence the person SO charged fled, il shall IN the duty
nj the Executive authority Of the State or Territory 10
which such person shall lave He'd TO CAUSE him or her
10 be arrested and secured, and notice Of the arrest 10 BE-
given 10 the Executive authority making such DE-.
mand, or I" the ngen. Of such authority appointed 10
receive the fugitive, and TO cause the fugitive 10 be de.
lIyerrd 10 such agent, when he shall appear ard
further provides, that If =: no such agent shall appear
within six months from the time of such arrest, the
prisoner may be discharged, &c. Now. by referring
10 The document hercun,o annexed. it will appear tia:
every reqnisition of the above rrcitcd act, was strictly
complied with by the Executive of Georgia. But the
Governor Of Maine, in bis ANXIOUS desire 10 find an TX.
cusc for not diving his duty, saws, 50 far as he hos re-
crivrd any information relative 10 Phiibrouk and Krllr-
1 w.t.. tItI ISll W NS'l. NhS III lN SbuISS u lHlIs
ordinary business as mariners; their vessel being at the
South, they navigated il h"mewatd by the usual route,
and in the usual lime They had stated homics 10 which
they openly returned at those hom"s they to0k up h'iT
residence; and conducted their affairs without conceal.
menl. and in all respects cnnformlifiy 10 the usage Of in
noccnl and unsuspecling citizens Whether such a course
Of conduct is to be n fleeing from justice within the mean.
ing of the act Of Congress, end whether men so con.
Quoting are TO be viewed as iugilivrs,' may present 4
question Of some importance" which he does not deem
1t necessary for him to decide. Truly, a most wise con-
clusion! Bot The Governor Of Elaine seems to claim 1t
as i matter Of right Tor him 10 depend upon imtorntat!o"
whch he received for reic sing To- deliver the tugilives;
information, pc rhups false, against 4 positive oath.
Surely, then, your COMMITTEE, speaking IN behalf ot
the p9nple of Georgia, If not The entire South, may b.
permitted also, to rety upon information which they have
received for reasons independent n' those already glyrnl
why they shoud have been delivered. The vesssl of tic
iu:ilivcs left, ii appears. the port OF Savannah, IN the
usual manner: she pursued lie nsua! track, that Of the
broad ocean, Qhe only one she could possibly pursue 10
reach her! purt of destination: she arrived in the usual
time, and, MS the Governor of slaine ,couid hare u, he.
Hcrc, '',hey took up their residence" at their usual k"acs.
On The other hand, your Cnmnii!tee is Informed upon
gnnd authority. that when the owner, who went IN pur.
sui VI the stolen slave, arrived nj the port 10 which tEH
fugi,iyes fled, 10 wit, their homes, they themselves could
not be found. alllnngh their vessel was !ying in the port;
the slave they td lind, conccaicd IN II burn, and that
when the party who arrested him were abont lowing
with The recovered property, they we're prted by the
ropu!acc, and the ow"cr with difficulty escaped from The
larry Of the mob.
But il is unnecessary to diIa,c further. All the facts
Of the case show coEclusiye!y that the Governor or
Maine, if not disposed al the time of the demand to colii.
ply with il, for want Of information, that he should have
tGue go on The reception Of Governor Sch'sys second
letter. To iha; letter, no reply, so far as your commit.
tee is informed, has ever been received. Compelled.
ihcicf re, from all these circumstances. To belle We shat
the constituted auth".itie. of Maine d" p,t mean 10 CnH.-
piy with the Laws and Constitution of The country, but,
in fatal disregard of both. to treat with contnmp. the Just
demands Of Georgia, all t,a; remains for our Comm:..
tm. IL, rrInr r, ia To eDGuoSt tho remedy lnis II m.
deed a delicate, and i difficult task. We cannot close
our ports against the vessels Of Maine. We cannot
declare a non.iDtrrcourse with hcf citizens. Either
course wouid De clearly unconstitutional. To seize up.
on The persons Of her cIlIDens rs hostages, or 10 ley up
on their property found in our State, by way Of rcprisal,
would also be unconstitutional but If NOT, IL would hc
unjust, because it would be punissIing the innocent for
the guilty. what, lhen, ought 10 be done: Resort to
The ultima ratio! This. in The language of GoTerncr
! Sci!py, "clnnot he resoyied 10 without L violation of the
Federal compact and long, long may it be, before the
States Of this Union shall be involved in civil conflict.
But knowing that this dreadful alternative must incvi-
tably be ultimately iesorled 10, rs 4 matter Of sel!.deirnce
by the people OF thc South, in cn3e the unhallowed ex.
ample Of the Governor Of Maine be followed by TIE
authorities Of the other States of the North, and willing
10 prove 10 the world, by our lUrbcarance, or reverence
for The Constitution "A lOTbpa:ance, which, II IS hoped,
will hereafter ensure US iaslice-your Committee, o.
though strongly disposed 10 recommend the passage OF a
law imposing 4 quarantine upon all vessels Coming into
our waters from the State Of Maine, III consequence II
lsNltn III uDClibe VI H!i'ti' 40 " INV an" PuhiSd
prslIlrmce, which, ii no. checked, will spread devastation
and ruin over the land.
Be Ihcretorc uSASINOusLY res0ircd, By tie Senate and
House Of REPRESENTATIVES of G.orgia, IN General .2ySem.
my mct. That the refusal on the part Vt the Governor Of
the Stale of Maine, TO deliver up, or cause to be deli
yr!ed up, upon the demand Of the Governor Of this
State. Daniel Philbrook and Edward Kelerzn, who
stand charged with The commission Of u crime against
the laws OF this State, and harir. fled thereirom, Is not
only dangerous to The rights OF lie people Of Georgia,
but cieuriy and directly in ziolation of the piain letter Of
rle Constitution Of The Unied States which is in the
following words, to vii "A person char god in any
State with treason, JiOny or 0lh'r crime, who shall fee
from Justice, and be found in any other State, shall, on
demand of The Executive authority of the State frcn
which he fed, be delivered np to b. removed to the
State having Jurisdiction Of the crime
BE il further ResIncd, That The State OF Georgia, and
each Of the Other members Of the ConfrLerzcy, BY tn.
adoption of the Federal Constitution, became a party
thereto, no less for the better protection of her orn than
the common rights and interests gf aH-and when these
ends cease 10 be attained by She tniMleSSnesS Of any 10
the constitutional engagement, she IL no longer bound iy
any Gbigaitons 10 Tie Omm0n compact and 1t then be-
comes not only her right, but hci duty, paramount 10 all
others. to seek aud provide protection fuf her o"n pcopic,
IN her 0nn T0y.
Be il further Resavrd, That 20 soon as n bill of indic,-
ment shall be fonnJ ,rne, in the Superior Court OF Cha
t.am county, against the said Daniel Philbrook and Ed.
ward Kel!eran, for the offence aforesaid, the Executive
of Georria be requested TO make upon the Executive Of
alsine, a second demand for Tire persons % the said fu-
ritivps, prcdicGted upon said bill Of indictment, and &C.
cpmpanied by such other evidence as is contemplated
by The act cf Congress in such cases made and provided:
Be ii further Rcsoired, That should the Executive OF
the Stale of Maine refuse to comply with such second
demand, the Executive Of Georgia be requested to trars'
nit a copy of these resolutions to the Executive OF each
State of the Union, to be presented TO their several Lc'
gislalures, and also a copy 10 the President OF The U. , J,
and to our Senators and Representatives IN Congress,
10 he laid befnre that body. And should the Legislature
Of Maine. Of its session next after the said resolutions
shall! have been forwarded to lhe Executive Of that State,
neglect TO redress the grie vance hercinbelore Sc, forth,
it shall be the duty oflhe Executive OF Georgia to an
rounca The same by proclamation, and call upon the
,oo,Ic ,r In. +. ycrul counties, on a day 10 be named in
aid nroclamation, to eiee. under like restrictions and
reyuIa,ions as in the election os members OF the Legls.
laturc. a number of delegates cqua! to the number or