Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-16

or
h q;tive and TO cause the fugitive to be delivered 10
such agent when he shall appear.
Rv the code of Georgia, 'simpe larceny IS the ielo
Mons taking and carrying away the personal goods Oh
another" and the same Soee PROVIDES, .ha' d
away slave, shall be punished by Imprisonment, AZ
hard labor in the Penen;iary for time not less thah
three wears and not longer than seven years
In reply to the demand of Governor schey; ms ET-
cellencv Governor Dunlap suggests that Phiinrook
and Kcran visited the city of Savannah, IN the course
of their business Mariners, and returned !" te'r 40
micil in Maine, by the customary route anu II" l'
usual time that they abded at their residence "lout
coucealmeut and dcmeaned themselves az niisaSiec.
~ and innocent citizens and insists that may well
he called question whether such course OF conduct
can he regarded as fleeing from justice, ana hey
as afupitiYes within the meaning OF the constitution
AS this point is rather suggested IMAM aue' your
ron,m;ttee will proceed to brief examination OF the
grounds which the refusai 10 suichuei 'ie
is supposed to be justified.
Tba irst ground taken BY Gov. Dunlap assumes that
tho ,adavt submitted to him, does not specify the fact
on which the imputed felony IS predcacd' but merely
suggests the commission of felony, without enabling
he Fvcollencv 10 determine whether Ii aimed at the
sbverson of the Government, affected the c, II
bcrty or property of individual citizens and that there
is no specification of time, place or the manner OF ITS
oomn,iss;on The second ground, is that the commits
sion of the larceny, not positively charged but that
The larceny is believed by the deponent to have been
Icomn;t,ed and maintains that such affidavit would
not authorize magistrate to issue his warrant of arrest
or iustify the detention Of an individual for trial
Your committee cannot well conceive that an aftda-
vii az clear in its specification of the particular offence,
even with the minuteness with which the statute OF
Georpa defines t-and direct and positive in charg-
np the alleged ugitives with its preparation, could
have been the subject of mistake, or msconcepion'
Its LANGUAGE is positive and explicit, that they dd ie-
louiously inycglc, steal, take and carry away the
slave and not that the deponcn had been informed, or
believed they had done so.
The leral propositions insisted by bis Excellency
the Governor in the grounds on which his refusal IS
put appear to your Committee to be untcnabie, as
the assumption Of fact in both, is gratuous and papa-
BILE.
All who have the slightest knowledge Of Criminal
Law not but be aware that precision OF statement
and particularly of averment, do not constitute re-
ousites ofany process proceeding that seeks merely
the arrest or detention of one suspected OF crme but
that information OATH that crime has been aclu-
ally committed and that there is cause and probability
fsuspectng the party against whom the warrant is
prayed is all that is usually, can be legally, re-
quircd
Whatever opinion may be entertained Of The suti-
cheney of the affidavit Of the nature OF the objections
raised by Governor Dunlap, his successor Governor
Kent, admits, that the grounds OF his predecessor re.
fisa arc removed By the indictment found, copy OF
which accompanied the second demand which was
made BY Governor Gilmer
He admits that copy of the indictment found "foi
stealing alleged to be slave, as he IS pleased
to designate the charge is sufficient evidence that the
altered fgtves from the Justice Of Georgia charged
with crime but sees no evidence that they fiIg
tivcs from Justice and when their arrest demanded
as right claims for the Executive of Maine, the right
to be satisfied of the existence of this fact, o.
the conditions of the demand. He suggests doubt
whether an accusation charge must not have beer
made before the flight, to authorize the demand ant
feels but little doubt, that such the chief intention
of those who framed our Federal Constitution.
Is the demand right; The right Of Foreign STATE
or Kingdom, independent of treaty stipuations to re
qurc the surrender, on demand, of those who have
committed crimes in another Country, is proposition
of " ch many distinguished writers on public law.
maintain the affirmative, and some with equal claims &c
consideration, the negative. But whatever may be the
right amongst Foreign Nations all concur that the i'm
policy of atfordng asylum, and refuge TO fugtivcs
from Justice of other States, undeniable 1t is be-
lieved that most if not all Foreign States, that have
established commercial relations with others, have
thought fit to provide for beir security this regard
! When it shall be remembered that our Federal Go
vernnent in its treaty with Great Britain in 1894, SIT
patcd expressly for this right that the Constitution
of the United States intended ''to form moro
perfect Union, establish Justice and ensure domestic
tranquility between contiguous States; and that thai
instrument imperatir"ly declares the fugitive 'sha
on demand be delivered, your Committee cannot per.
ceivc the proprety with which the right can be qucs
toned.
That the suggestion whether accusation charge
should not have been made before the flight Of the of
fender authorize the demand, and require the sur
render is destitute of all claim to pausbility
your Committee will not pause to demonstrate.
| Can then, the refusal to cause the arrest and sur
render of Phbrook and killeran, find justification il
the nsuiciency of the testimony to establish the fact
that they had fled from the justice of Georgia:
| Your Committee of opinion that some evidence
of his flight should accompany the demand of a fng
tive from Justice, that it may appear that the party
demanded has departed without having responded &c
the imputed crime, endured its punishment in tho
State whose laws alleged to have been violated but
they cannot entertain doubt that merely prma facie
evidence of the fact, is all that any be re-
uuired, or in most could be produced. That The
flight was with the motive purpose to evade punish
ment or eudc justice, is fact that is susceptible o.
only presumptive proof and rarely could be otherwise
established, than by proof, that crime had been com
mitted and that its perpctrator had gore without the H.
mits othe State having jurisdiction of the offence Bu
the affidavit charges the flight ofthcse individuals, d
rectly and positively and receives confirmation from The
return Of the officer charged with The execution of tht
warrant the county Of Chatham. The Constitution
and the act of Congress- in providing for the arrest and
removal of fugtives from Justice, intends summary aEo
ministerial proceedings, and does not contemplate lu
dicia investigation for ascerainment of the ugitivcs
guilt. The evidence which shall accompany the de-
mand is prescribed by the Supreme Law. 1t is intend
ed to show prime tacie that the party IS guilty, tina
there is probable cause to believe him guilty. such as
would upon warrant justify his commitment for trial
If this be the purport and effect Of the evidence,
the form prescribed it appears TO your Committee that
the rghtto demand the removal of fugitive, is unde
nabe, and the duty to the arrest and surrender
imperative.
Your Committee will not here refrain from allusion
to fact which may afford some illustration of the
course which the Executive and Legislative Depart
ments of Maine have fl TO pursue, III respect tc
the demands which have tecn made, of the surrender
of these alleged fugtvcs from the justice Of Georgia
After the refusal of Governor Dunlap and after the
ton Of the Legislature of Georgia the subject the
| Legislature of Maine enacted Law, that when the
surrender Of fugitive from Justice shall be demanded
of the Executive Of that State, sand the Governor
shall be satisfied, investigation of the grounds Of
such demand, and that the same is made coniormaby
TO law and ought to be complied with, he shall issue
his warrant under the seal of the State, authorizing the
agent who should make such demand, either forthwith
or at such time shall be designated in the warrant
to take and transport such offender TO the line of his
State" That this statute intends by the Executive
Department of Maine inquiry into the guilt of the m
gitivc and determination of the expcdicncy Of order
ing his surrender whether he be innocent guilty, al
though demanded coniormaby 10 law, its terms rs well