Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-01-30
POLITICAL.
NEW HAMPSHIRE LEGISLATURE.
4. "A 4

REPORT
The Committee the judiciary, to whom were re-
erred the resolutions, passed by the Legislature oil =
Carolina on the subject Of the controversy between the
States of Maine and Georgia; also the resolutions ct
the Legislature OF the State of Virginia, have had the
same under consideration and ask leave to submit the
following report
The rln, of each State to enact laws, and to pre-
scribe penalties for the violation Of the same, so long
as those Jaws do not cont c, with the Constitution and
laws Of tie United States, cannot be denied 1t IS an
incident TO the sovereignty Of the States, and can ne
ther be questioned impaired by the authorities OF
any other State. Each State may define crimes, and
provide for the punishment thereof ard whether right
or wrono whoever commits the act thus made crimina
is amenabe To the laws of the State within winch the
act was committed; and should the offender be ar
raipned before the tribunals Of justice within the State
whose laws have been violated, rlghtiul'y
interfere to arrest the punishment prescribed 1t is for
the people of that STATE Judge OF the eIPedency OF
domestic slavery, any other social or political ns
tuition and it their right to enact such laws, as may
seem them necessary and proper Tor the protection
of themselves and their property.
Simple larceny is defined by the laws of Georgia,
sthe felonous making aud carrying away the persona!
goods Of another, and is provided, "tha any person
or PERSONS who shall loniousy take and carry away
u slave, shall he punished by imprisonment at hard Ia
Dor in the Pcnltentary for term not less than three
years. and not longer than seven years
On the 10Th OF June, 1887, information was made on
oath before magistrate oi Chatham county, In the
State OF Georga, by james Sagurs OF Savannah, IN
said county, that ID mel Ph,lbrouk and Edward kie
ran of the State of Name "dd about the fourth
day Of May last, lunousy inveigle, steal, take and
carry away without the limits of the State of Georgia.,
a slave named Atcus. tine property of said James and
one Henry Sagurs; ";ha; the sad Daniel Philbrook
and Edward kcran have been guilty, the depnnent
has been informed and believes, Of felony under the
laws of this State; and 'ihat since the commission of
said felony the said Ph.lbrook and keran have fled
from this State and are as he believes, at this time
ia Of tba into
States On the same day warrant for the arrest OF
Philbrook and kii!eran issued by the magistrate
before whom the information made, to which the
officer charged with It's execution returned that they
were not to be found in the county of Chatham. On
the 9TH ofFeb 1885 indictment, charging Philbrook
and K,lleran with larceny for the same offence, was
found by the grand jury OF Chatham county.
Here is the law of State defining crime; COM
plant made and warrant issued, indictment found;
every thing necessary trial, but the presence of
the persons charged with the commission oil the offence;
and thev by the Of the officer, without the
jurisdiction of the Stale, whose laws have been vo-
lated. What is to be done. Had they been arrested
within the State OF Georgia, matter from what State
country, they might have come; matter whether
innocent guilty, they must have appeared before the
tribunals o. justice within the State of Georgia, and
answered to the crime with which they stood charged.
But they without the jurisdiction of the State
What then?
The Constitution of the U. s. provides "that a per-
son charged any State with treason, felony other
crime, who shall flee from Justice and be found in
Their State shall, demand of the Executive nuhori.
ty of the State from winch he fled, be delivered up to
be removed 10 the Stale having jurisdiction of the
crime"
The act of Congress of 1898 Declares iat whenever
the Executive authority of any State in the Union
of either of the territories northwest south of the
Ohio river, snail demand any person fugitive from
Justice, Of the Exccul:e authority of any such State or
Territory, to wnlch such person shall have fled, and
shall moreover produce the copy Of Indictment
found, atfdav; made before magistrate of any
such State Territory aforesaid, charging the pc.
demanded with having committed treason, IL To-
NY, or other crime, certified authentic by the Go.
vernon, chief magistrate of the State Territory,
from which the person charged sd il shall be the
duty of the Executive authority OF the State or Terri
tory which such person shall have fed TO cause him
or her TO be arrested and surrendered and notice of the
arrest To be given the Executive authority making
such demand, TO the agent ci such authority ap.
pointed receive the fugitive and the fugitive
10 he delivered to such agent yshen lie shall appear
Confidng in the provisions thus solemny mude by
the Constitution and laws Of the United States, relying
upon the rights thus guaranteed on the 2lst of June
1857 the executive OF the State of Georgia made de-
mand upon the executive of the State of Maine, Of
phi!brook and Kleran, as fugitives from Justice,
charged with stealing the slave Atcus and transmit
ted with his demand, u copy Of the affidavit and war
rant and the return, duly authenticated and on the
9th Of April, 1888, similar demand made, accom-
panied with copy OF the indictment found duly
thenticated in either case the executive of the State Of
Maine declined to the and surrender of the
persons charged with the crime.
Yonr committee are at loss TO perceive upon what
ground the executive Of any State refuse TO comply
with demand by the executive of another State to
surrender person charged with the commission Of
crime within the State from which the demand is made
The provisions Of the Constitution and laws of the
United States are plain and explicit The demand is
right the surrender duty; and State take upon
itself to Judge of the proprety of either, without
manifest disregard of the obligations soemny imposed
upon each State BY the adoption Of the Federal Con-
stitution
1t has been suggested, that to authorize surrender
the charged must not only be criminal in the State
in which it was committed but also in the State where
the fugitive is found-at least that the act must be
crime at common law.
Your committee are of opinion that this objection
cannot avail any thing, and ought not to be made
The words of the Constitution are, sThat person
charged in any S,nfe with treason, felony, other
crime, who shall flee fran ius,,ee, and be found in
another State, shall, demand of the executive
thority OF the State from which he fled, he delivered
up to be removed the State having jurisdiction of
the crime"
All that the Constitution requires is, that person
shall be charged with crime; and if the act COM
planned Of is made criminal by the laws of the state in
which it committed, it comes within the c7se pro-