Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-30

offence. II is this: THAT if any officer Of oanh
NINA sdnlentiv manage its concerns, that Tue pun
i. INV individual dealing with It, shall oe ~ :
- ,Ie nnymcnt of their just demands sucn , ~ ;Jc, .
-, nrosecuted in the supreme Juuicai ~. h Gn.d ;,
=. r.. a,d cn conviction, the oaenacr my =, !. 3
i e nGos This i very plain language lhele y
'.osocuon by Indictment and line Is IMPOSE I'D
ZOOS of course 10 the puhic-not 10 VI. Ii
ri There is nothing here Ike cE,i 'eI i'h;f ms
9" .t,a onr Constitution and laws, says IN ny aa :
:. i n sshecn silent this subject, anu ~ III
/ ent;onal arrangement existed oct" ~, Ia CON
s,a,cs composing our conederacy' - n'"s -, &c ~,
dd that the practice arising from TIC oo.ns ,a an
ceueu nj he applicaLe; and before we wonlo sur
u n one State any person delaahoea ny uno
80 f,uitiye from justice, it would DC our uu'y be
Inc INTO the evidence OF the alleged ct'ine' CIV
satisfied that no reasonaoie aou 'ont ,Ls matter
: rnr But under Federal Government .,s na' o
p h.an REGULATED, and We are not lett 10 .'ic "'ss
,,nty arising from an inquiry IN one ".ae tn f"n
= H.. of an offence committed IN unntncf ihe ~
.,,ion of the United States provides, mat a Peis
J;n my Stale with treason felony or other cEit'e'
oiish,U ace from Justice and be found IN ano'iei
STATE shall on demand of the executive autHo''S "
,h State from which he fled, be delivered up 10 Nc
rod 70 the State having jurisdiction OF inc cfii'e'
d. tben is the law on the subect-a positive resnia
80 aud ,antamount to treaty stipulation; and we az
-, % resort to the comfy OF nations Tor cur guun'.'
- nnrson who is charged with crime IN any etite
!, - hall fce in another, shall be delivered up. ~
49,, necessary TO be shown that such person Is gum!
-: not necessary as under the comfy OF natiohS 10
> ;n INTO the fact alleged against him constituting
= die crime IL is sufficient that he IS cn"rgcd WIN a'
t. mr. committed crime. ~, =,
:, Rrt how eberrcd9 Tie law Of Congress mas an
ercd This question In order, says the Chlel 1nslcc
= of N,Ec Iorh, to give the Governor OF inns 7.'e J
:. r;,n in such n case three things requisite
- The fugitive must be demanded by the ESecutNI %
N he State from which lie fed. . copy OF an nuc'-
% men found or an affidavit made before magistrate
charging the fugitive with having committed the crime
be 3 such COPY Of the indictment or affidavit must Dc
or certified as authentic by the Executive II these pre-
nd requisites have been complied with then the "
IN The Governor properly issues and the prisoner is legal
ed L. restrained Of his liberty. -,
of In (lGrks case habcas corpus awarded direct
cd to the persons having HIM IN custody commanding
them 70 bring him before the Chief Justice and to exit
o hi dc r II" 'rienon The r %ns Retained in
So 80 'S,o.e,r ,ctr York in the following words:
ed "Eaos T. Troop Governor of the State of " YORK.,
rs 10 the sheriff Of the city and county OF Vac i0r ana
lat the shers constabcs, and other peace ocrFS o 'e
m several counties in the said State Whereas has been
on to me BY the Governor OF the State OF Rh0df
" ,iaud that ohm L. Ciar late of Proridencc, in the
We said State has been guilty of frauds in aJsractn IRON
H. the BurrirHc bank, in that State, money! notes. and
bank bills while president Of said bank IN fraudulent
I'D manner srh sGd acts iaGdc crtiRa ny me n"s
N. eff that State and that he has fed from justice in thai
lg State and has taken refuge III the State OF ~ l0h ahC
III said Governor OF Rhode Island has, in pursuance OF h'
IN Constitution and laws Of the L. 81 demanded Tine tha
should cause the said iChn L. Ci0rh to be arrested
ia and delivered into the custody of Henry g. A0rd
ng sheriff Of the county oil Prert9cnc', VINO Is duy au
thorzcd to him into his custody, aaa convey
aw him back TO the said State OF Rhodc lSjdR6 And
md whereas the said representation and demand accom-
the panied BIZ an affidavit, taken before justice of thu
ate neace Of the said State Of Rhode Rd where the SAT-
By JeLa l. Clark is charged with the said crime; which
the affidavit is certified by the said Governor of Rh0G
Island TO be duly authenticated: You therefore
IN required TO arrest said chn L. Cak, wherever h
his may be found within the STATE, and to deliver him int
the custody of the said Henry g. NHnford 10 be take
ate back TO the State from whence he fled, pursuant to tn
said representation. Given under my hand and tn
on PRIV seal of Tie State, The city of H6aay, tbs fiji
vcs day Of May the year OF cur Lord one thousand cig
cral hundred ana thirly-two.
lis The opinion Of The court to the validity OF tn
Co. of detention appearing by this RETURN was Del
the ycrc b. chief justice Sacagc follows al IS, sal
fer he ohcre expressly recltcd-l that TIE Governor
ascs PhoJc Easd has demanded that ohn J.. CGr be al
If rested and delivered up fugitive from justice;
pur- that copy Of an affidavit presented ciurgn
nted Clark with certain acts, which the Governor OF ""
Self Island ccrtitc, made criminal by the laws Of m
ton State that the affidavit is certified By the GovcrnC
crs OF Rhode Island to be duly authenticated Here the
tate is literal compliance with the Constitution and Ia"
the ,r the United States and the Governor of Scc l0r
Co had lul! power and authority 10 issue his warrant
Go direct CGrG be arrested, and delivered over 10 Il
arti- ar,.u; Of the State of Rkodc fSiGRd
ry to Ciark made affidavit; to the following fleet 9Th
Go according 10 The information and belief CT tins tcpnncn
II is and c advised b. counsel and believes to be ,ru
I'd 10 This dcponcn las committed any act thing rcct,
-: said warrant and that he is not guilty of any act
: lhihs which is crime made criminal Under aud
Or: The laws of the State of Rhode Siand and which
S Pretence for said warrant and the arrest et
# all ctnG md this Der pIeSsIy dcni
that that lie has raIdueny distracted from the B"rr
e bank of Rhode Island money, notes and bank bills VIII
par president OF said bank at any time, any
ary which made criminal by the laws of that State On
contrary thereof this deponen says that he has
id time distracted taken from said bank money!
at; bank bills other than what has been paid TO him BY 4
al rpf b.,nk nnInn
ure, discounted paper entered of business up
the the books of the bank, and sanctioned by the Directs
le part thereof committees persons duly
will thorzcd in the premises
rried Chief Justice SGrGgc delivered the opinion OF &
ught court as 10 the effect of this affidavit follows T
ary, prisoner has made affidavit denying all criminal
ycd, or fraud in relation to the BUrrriHc bank which
charged against him i'll the affidavit presented Il
Governor OF this State. But whether he is guilty
is the question to be decided here. 1t is whct
ttu he has been properly charged c guh according to Il
ical Constitution and the Of Congress. The prison
but does deny any fact set forth the warrant up
It of which he has been arrested 1t is denied Il.
Il, the Governor Of Rhode IsaRd has demanded him
into fugitive from justice 1t not denied that at:ida:
cnt. charging him with criminaty presented to Il
the Governor Of .NfW York; is il denied that the G.
the vernon Of Rhode B.ad has certified that that aida:
is properly authenticated These the material fact
hose Governor Wroop does not assert the prisoners gull
cs, but that he had before him such evidence the law
nly, rccted authorize the issuing his warrant. Wheth
to the prisoner guilty innocent not the questio
in before u.s. nor is any judicial tribunal in this Sta
or charged with that inquiry BY the Constitution, fu
faith and credit to be given in all the States to Il
judicial proceedings of each State. When such pr
ceedngs had been had in State ought to pr
de- any individual within il upon his trial, and those PR
lrts cecdngs duly authenticated, full faith and cred
shall be given to them in every other State Ii
sed person fee another State it not necessary to
of peat in such State TO which he has fled the nitiaor
in proceedings which have already been had, but he is
be back to be tried where the offence is charge
479, to have been Communicable have the proceedings
for summatcd where they were begun.
YER duty Of Exee"re officers in relation 10 fugiti'
steal crinanas-All executive officers of the States
scy bound by oath affirmation to support the Constitu
,ner ton Of the United States Art. g. sec. 2
in The Constitution and the laws OF the United State
in made in pursuance thereof are the supreme law of I'll
udoes Lornd