Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1840-02-06
miscellaneous.
REPORT


THE Committee OIL Federal Relations, to
whom was referred 50 much of the Governors s
Message, as relates to the controversy between
the States 0ftieorgia and halne. with the &c.
coiupanying Documents have had the same
nader consideration, and beg leave to submit
the following Report:
In May 1897, a slave, named atticus, the
property Of James Sagurs and Henry Sagurs,
citizens of the city of Savannah. i'll Chatham
county, in the State of Georgia, was conveyed
from that State 10 the State of Maine, by Dan.
iel Phiibrook and Edward Killcran, citizens of
the latter State: the former Of whom was the
Master and the latter the mate Of the schooner
Boston, which had recently entered the port ol
Savannah On the 10th of June, OF the same
year. information on oath was made before
Magistrate of Chatham county, by james Sa-
gurs, one of the owners Of the slave, that Dan.
iol Philbrook and Edward Killeran "did, on or
about the fourth day of May last, felonionsly
inreigle, steal, take and carry away without
the limits of the State OF Georgia" the slave
Atticus ..that tile said Daniel Philbrook and
Edward Keran have been guilty Us the depo-
nent is Informed and believes, of felony un-
der the laws of this State" and that since the
commission Of said felony, the said Phllbrook
and Kil.eran have fed from this State, and are,
as he believes, at this time. within the limits OF
the State of Maine. in the United StateS.'
A warrant for the arrest of Phiibrook and Kill
eran, wa, issued by the Magistrate before whom
the Information was made, on the same :'af, to
which, the officer charged wi'h its execution,
returned that they were not to DC iound IN the
sounty Of Chatham.
On the 2ist of the same month, His Excellen-
cy, William Schley, Governor ot the state OF
Georgia, made demand upon His EIccllency,
Robert r. Dunlap. Governor OF the state OF
Maine Of Philbrook and Killeran, as flls',lves
from the justice of Georgia. charged Of fe'oni-
ously inveigling, stealing. taking ana carrying
away. slaye, and transmitted with his d"inald.
copy Of the affidavit. and warrant, and tne re-
turn, duly authenticated. On the loth OF An
gust. of the same year. Governor Duhap 40
dressed to Governor Schley, communication,
in which he declined to cause the arrest OF Phii-
brook and Keran.
In December, 1887, the Legislature of Geor.
eia, adopted resolutions declaring the refusal OF
the Executive Of Maine to surrender phllbIooK
and Killeran, dangerous to the rights OF the
poople of Georgia, and directly aud clearly IN
violation Of the plain letter of the Constitution
Of the United States: that the State OF Georgia
became party 10 the Federal Cons'iluuon no
less for the better protection OF her own o,an
the common rights aud interests OF ALL ana ina,
When thess ends are defeated, she Is reieaSea
from the obligations Of that compact ana u mas
beco ne her .:Ii., and her duty. to provide pro-
when an Indictment should be found against
Phibrook and Killeran, the Executive be re-
qnssted 10 renew the demand for their arrest,
and if the demand be again refused by the tAe-
su,ivc Of Maine that cory OF liz resolutions
be transmitted to the Executive of Zach State IN
:he Union. to be laid before their respecuVe Le-
Eisiaturcs; tina, copy be transmitted to the pre-
s,deut of the United States. and to the Senators
aud Representatives Of Georgia, IN Consiess.
70 be submitted to that body; and 1t the Legs
|a.ure OF Maine. at its next Session. alter mos
resolutions should have been forwarded br the
Executive of that State, neglect to redress the
grievance complained Of, then, that the EIec'.-
tive of Georgia announce the .ame by procla |
,oa.ion, and call Convention Of 'hc peo'le 10
,.ke into consideration the state oi the com-
Of Georgia, and to devise the course
a: her future policy and to provide all neGessa-
ry safeguards tor the protection ol the rights o'
her people. .y,
On the 9TH Of February. 1889, an indictment
charging Phibrook and Kilieran with iaceny;
In fsloniousy iuvcigiing, stealing, taking ana
carrying away TIL, save Ati'cus' was loulo Ny
the Grani Jury Of Chatham cnunty, anu on ''ie
y7,h of fApril, His Ex .ellency. Governor Gi:mcr'
t,e successor of Goveror Schiey, made upon
Gov.rnor Kent, the Successor Of Governor Dun
Ian inc demand requese! bv ne Leg'slatirs
of Georgia, and &c .o:npanied that demand win
the copv of the indictment found aud the Pio
cealinys on which it was founded, duly a''ihen-
ucat.d
On the 25:h of June. Governor Ke"t deciined
70 order the arrest and surrender required ny
tie authorities OF Georgia.
On NJ 9th OF August. 1889, Governor Oil-
n,:r addressed communication % ,oVeru"'
Fairfield tn. saccessur Of Governor h";it. de-
string 10 10 informed Of the action OF the Lesis-
la,are of Maine OH the snbiec oi the esolntinns
O: ,l,. Legislature o., Georgia. and received Tor
n.swer, the proceedings Of the Legislature OF
Name. declaring it inespedlent TO iesShle on
,he sub;cct, as it j, exclusively within the pro-
vince Of the Executive Department.
The second clause Of tine second section OF
the fourth article Of tine Constitution OF tic U.
States provides 't:.st person charged IN any
STATE WITH treason, iclony Or other crime Wno
sha,i Acc from justice, and I've found III another
State, shall, on demand OF the Executive att
rhorty Of The State from which nc He'd, pe ae'
livorcd up to be removed 20 the State having
Jurisdiction Of the crine."'
The act of Congress ofl793, declares that
whenever the Executive authority OF any State
10 the Union or Of either Of the Territories
Northwest OF South Of the :tver Oh!o, shall
demand any person as fugitive from Justice,
ofths Exsculive authority of any such State or
Territory TO which such person shall have fled,
and shall moreover produce the copy Of an in
dictmsut found, OF an affidavit made before
Magistrate Of any State or Territory as alors.
said. charging the person 80 demanded with
having committed trcason, felony. or other
crime, certified as authentic by the Governor or
Chief Magistrate Of the State or Territory, from
which the person SO charged fed, ii shalIbe the
dnty Of theExecutve authority of the State or
Territory To which such person shall have fed.
TO cause him or her TO be arrested and surren-
dercd, and notice Of the arrest to be given to the
Executive authority making such demand, or