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

The 6rst .toIndtaken by Governor Dunlap
assumes; that the affidavit submitted to him
does not specify the fact of which the imputed
felony is predicaed. but merely suggests the
commission Of felony, without enabling Ills
Excellency to determine, whether it aimed al
the suhversion of the Government, or affected
the life liberty or property Of individual ci'i.
zens, and that there j. no specification Of time,
place or the manner Of its commission. The
second ground s. that the commission of tue
larceny, is not positively charged, but that the
larceny, is believed by the deponent 10 have
been committed; and maintains that such al
affidavit would NO, authorize Magistrate to
issue his warrant of arrest, or justify the dclen.
ton Of an individual for trial.
Your committee cannot well conceive that an
affidavit So clear in its specification ofthe par.
which the statnte of !Georgia defines it,-and
so direct and positive i'll charging the alleged
fugitves with its perpetration, could have
been the subject Of mistake or misconception.
It's language is positive and explicit, that they
away" TIM sluve and not that the deponent had
been informed, or believed they had done 50.
The legal propositions insisted OH by His Ex-
cellency. the Governor, in the grounds OH which
his refusal is pnt appear to your committee to
be as untenable,ns the assumption oIiact i'll both,
Is gratuitous and palpabe.
All who have the slightest knowledge OF
Criminal Law, cannot bnt be aware, that pre-
cision Of statement, and particularly of aver
nsnt.d do not constitute requisites OF any process
or proceeding, that seeks merely the arrest, or
detention Of one suspected of crime, but that
information on oath that crime has been actual
ly committed and that there IL cause and proba-
bitv of suspecting the party against whom The
warrant IL prayed is all that is usually, or can
be legally, required.
Whatever opinion may be entertained ot the
suficiency of the affidavit. or OF the nature OF
the objections raised by Governor Dunlap, his
successor Gov, Kent, admits, that the grounds
oil mis- predecessors refusal are removedb by the
indictment found, u copy of which accompanied
the second demand which was made by Gov
ernor Gilmer.
He admits that the copy Of the indictment
found 'tor stealing man alleged to be
Save" as he is pleased 10 designate the charge,
IS sutiicIen, evidence that the alleged iusitlves
from the Justice OF Geurgia are charged with a
crime. but sees no evidence that they are iiigi-
lives from Justice; and when their arrest IS de-
dsd as right, claims ,,r the Executive OF Maine,
the rioh 10 be satisfied Of the existence OF this
fact. az one uf the conditions of the demand
He suggests doubt, whether an accusation
or charge must not have been made before The
flight, 10 authorize the demand, and feels but
little doubt, that such was the chief intention o!
those who framed our Eoderal Constitution.
Is the demand right1 The right OF For
cisn State or Kingdom, independent oil treaty
stpulations 10 require tho surrender, on de-
mnnd. of those who have committed crimes
in another Country, is proposition, OF winch
lnany distinguished writers on public law.
malntain the affirmative. and some with equal
claims to consideration, the negative But what
ever may be The right amongst Foreign Natl"ns.
all concur that the impolicy Of affordlnS al
asylum, and refuge TO fusitlves from Justice
of other States, is uudeniable. 1t Is believed
Ihai most, if not all Foreign States, that have
established commercial relations with others,
have thought tit to provide for their security III
this regard.
When it shall be remembered. that our Feder-
al Government, in its treaty with Great Britain
in 1884. stipulated expressly for this right; TINT
he Constitution OF the United State. w.. Is.
tended sto form more perfect Union. establish
Justice, and ensure domestic tranquility be-
tween contiguous States; aud that that instrn-
,nent ;mperltiveiy declares the fugitive "shall,
OH demand. be delivered" your Committee can.
not perceive, the propriety with which tile right
can be questioned. -:
That the suggestion, whether all accusation
or charge should not have been made, before the
flight ofthe offender, to authorize the demand.
and munire the surrender, is destitute OF NIL
claim to even plausibility, your Committee will
not pause TO demonstrate.
Can. then. the refusal to cause the arrest and
surrender of Philbrook and Kilieran, lind JUS
ifica,ion in the illsufficiency Of the testimony.
TO establish the fact that they had Asd from tile
justice of Georgia
Your Committee arc Of opinion that some
evidence of fight should accompany the de-
mand of fugitive from justice, so that it may
o,p.ar. hat The party demanded, has departed
wiihou, having responded to the imputed rime,
or endured its punishment in the State. whose
laws are alleged 10 have been violated bu: they
canno, entertain doubt, that merely prlma
face evidence Of the fact, is all that in any case
cau be required, or in most cases could be pro.
duccd. That the flight was with the motive
or purpose to evade punishment or to eluda
Justice is fact that is susceptible of.only pre-
sumptiye proof, and rarely could be otherwise
establish d. than by proof, thata crime had been
committed, aud that its perpetra'or had gone
without the limits of the Stale, having jurisdic-
ton OF the Office. Bnt the affidavit chnrgcs the
fight ofthese individuals, directly and positive
", receives confirmation from the return
Of the officer. charged with the execution of
the warrant. in the county OF Chatham. The
Constitution, and tho ACT Of Congress i'll pro-
vidinr for the arrest and removal Of fusi'ives
from Justice, intends summary and ministerial
procerdings, and does not contemplate judicial
investigation for ascertninmens Of the tugitives'
Guilt. The evidence which shall accompany
the demand. is prescribed by The Supreme Law
is euilty, that there is probable cause 10 be-
leve him guilty, such as would upon warrant
iusti(y his commitment for trial.
Ifthis bo the purport and effect of the evi
Committee that the right 10 demand The re.
moval ola fugitive, is undeniable. and the duty
to cause the arrest and surrender, Imperative.