Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-16
THE STATES.
GEORGIA AND MAINE


THE STATES.
GEORGIA AND MAINE
We publish to-day the Report and Resolutions from
the Committee on Federal Relations, as they finally
and unanimously passed the Legislature. The second
Resolution introduced to meet the extraordinary
position of the Governor Of New York II his
pondence with the Executive of Virginia
TChdrleSton .Ncrcury
Sorru CARoLIvA-Rcport of the Committee Fedora,
Relations on so mach of the Gocernors Message, and
The accompanying Documents, as relates 10 the con-
tyorersy Letaeeen Georgia and Maine.
The Committee Federal Relations, to whom was
referred much Of the Governors Message relates
10 the controversy between the States of Georgia and
Maine, with the accompanying Documents have had
the under consideration, and beg leave 10 submit
the following Report:
In Nav, 1887, slave, named Aiticus, the property
of James Sagurs and Henry Sagurs, citizens of the city
Of Savannah, in Chatham county, in the State OF
Georgia was conveyed from that State to the State OF
Maine, BY Daniel Philbrook and Edward Killcran, ct-
gems OF the latter State; the former Of whom the
master and the latter the mate OF the schooner Boston,
which had recently entered the port OF Savannah On
the 10Th Of June of the same year, information on
oath was made before Magistrate of Chatham county,
by james Sagurs of the Of the slave, that
Daniel Philbrook and Edward killeran ''did, on or
about the fourth day of May last felonously nvege,
steal take and carry away without the limits of the
State of Georgia., the slave Atticus; "tha the said
Daniel Philbrook and Edward keran have heen gull
~ as the deponent informed and believes OF felony
under the laws of this State, and that since the
mission of said felony the said Philbrook and kleran
have fled from this Satc and are as he believes, at
this time within the limits of the State of Mane in the
Tilted States.
A warrant for the arrest Of Phbrook and killeran,
was issued BY the Magistrate before whom the infor
NATION made, the day, to which, the OH
Ger charged with It's execution, returned that they were
not 10 be found in the county of Chatham.
On the 2lst Of the same month"; His Excellency Will
liam Schley, Governor Of the State Of Georgia. made
a demand upon His Excellency Robert P. Dunlap,
Governor Of the State of Maine, of Phbrook and Kill
leran fugitives from the Justice Of Georgia. charged
offeloniously nvegng, stealing, taking aud carrying
away slave, and transmitted with his demand, copy
Of the affidavit and warrant, and the RETURN duly a-
.henticated On the 10Th of August, Of the same year,
Gov. Dunlap addressed to Gov. Schey communlcu-
ton, in which he declined 10 the arrest OF Phil-
brook and Killeran.
In December, 1887, the Legislature of Georgia
adopted resolutions, declaring the refusal Of the Exc.
cuvc of Maine TO surrender Philbrook and killcran,
dangerous the rights Of the people of Georgia, and
directly and clearly in violation of the plain letter of
the Constitution of the U. Shat the State of Geor-
ga became party to the Federal Constitution no less
for the better protection of her own than the common
rights and interests of all, and that when these ends
defeated, she is released from the obligations OF
that compact, and has become her right and her du
ty, TO provide protection for her people in her own
way; that when indictment should be found against
Pbilbrook and kieran the Executive he requested to
the demand for their arrest and if the demand be
again refused BY the Executive of Maine, that copy
Of its resolutions be transmitted the Executive OF
each State in the Unon to be laid before their respcc-
tive Legislatures that copy be transmitted the Pre-
sdent Of the U. $, and TO the Senators and Repre-
sentatves of Georgia. in Congress, be submitted to
that body; and if the Legislature OF Name at its next
session after those resolutions should have been for
warded BY the Executive of that State, neglect to
dress the grievance complained Of then that the Exc
cutve Of Georgia announce the same proclamation,
and call Convention of the people, TO take into con-
sideraton the state of the Commonwealth OF Georgia,
and to devise the course of her future policy and pro-
vide all necessary safeguards for the protection Of the
rights Of her people.
On the 9TH of February, 1888, an indictment, charg-
ing Phbrook and killeran with larceny in clonously
inveigling, stealing, taking and carrying away the
slave htticus was found by the Grand Jury of Chat
ham county, and the 21th of April, his Exccllcncy
Governor Cilmcr, the successor OF Governor Schcy,
made upon Governor Kent the successor Of Governor
Dunlap the demand requested by the Legislature Of
Georgia, and accompanied that demand with the copy
of the indictment found, and the proceedings which
it was founded, duly authenticated.
On the 25th of June, Governor Kent declined to
der the arrest and surrender required by the author
ties of Georgia.
On the 10Th Of August 1885, Governor Gilmer ud-
dressed communication to Governor Fairfield the sue
cessor of Governor Kent, desiring to be informed Of
the action of the Legislature of Maine on the subject
of the resolutions of the Legislature of Georgia. and
received for answer, the proceedings of the Legisla
ture of Maine, declaring it nexpedent to legisate
the subject it is exclusively within the province of
the Executive Department.
The second clause of the second section Of the fourth
article of the Constitution of the T. States provides
.that person charged in any State with treason telo
ny or other crime, who shall flee from justice and be
found in another State, SHALL demand of the Execu
tive authority of the State from which he fed be de-
yered up to be removed to the State having urisdc.
ton Of the crime
The act of Congress Of 1793 declares, 'sthat when
ever the Executive authority of any State in the Union
or of either of the Territories Northwest, South of
the river Ohio shall demand any person as fugitive
from justice, of the Executive authority of any such
State Territory, to which such person shall have fed
and shall moreover produce the copy of an indictment
found, or affidavit made before Magistrate of any
State or Territory aforesaid, charging the person so
demanded with having committed treason, felony, or
other crime certified authentic by the Governor orr
Chief Magistrate of the State Territory from which
the person so charged fed it shall be the duty of the
Executive authority Of the State Territory TO which