Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1842-09-29
For the Herald OF the Times.
Letters Of Governors Cleaveland l. Hubbard.
No. 4.
/Concludedl
concluded J


in making crime to depend upon The number
concerned in the criminal act /; and Of dec ID
ing upon that ground Uhe ground itself as
sumed and being but conjecturnl) that Dorr
was not criminal and concluded by stating
that the question, moreover, was one with
which lie, the Governor, had nothing to do.
What, pray, could Governor Hubbard have
to do with the question, whether the charge
of Treason against Dorr was or was not well
founded, SO long MS he was charged with
treason? For the Constitution says, that "A
person charged, in nny State with treason, or
&c. "shall be delivered up but Governor
Hubbard says he shall not be delivered up,
unless truly charged and of that will be
the Judge. So you take the liberty TO alter
the Constitution; to interpolate The word
truly and TO make il read not as il is, but as
you would have IL, TO suit the exigency Of
the case. What is this but TO substitute your
will for the constitution Of your country (; TO
belray the trust reposed in you by lhut con-
slintlon; 10 prostitute your integrity Us a
magistrate and n man and TO make your
character contemplate in the sight Of oil no.
norabie men? For you cannot plead for de-
fence, mistake, ,-misappr error Of
judgment, or any thing of the SOFT. For the
words are too plain and definite for any such
subterfuge 1t is impossible not to understand
them, or to misunderstood them; the words
al large are these:
"A person charged in any State with irea.
son, felony, or other crime, who shall ilss
IRON justice, and be found in another S,ate.
shall, on demand Of The Executive Authority
of the Stale from which he hrd, be delivered
up TO be removed TO the State having iuris-
dic;iOn Of the crime"
SO plain aud definite are the words ad-
uniting no room for doubt or cavll. Yet you
assumed the right to 60 behind The charge,
and TO enquire whether The charge was or
was not truly made, ugalns, Dorr. This was
The more extraordinary as you had before you
an edmonton on this very point by your own
democratic legislature. On this very point,
IN another case, they raised a committee, who
reported The following resolution, which they
adopted:
" Resolved, that the refusal Of one State to
surrender person charged with the connis.
ion OF crime in another, aud who shall flee
rom Justice, Is, IN open disregard of the plain
etfer Of the Constitution ) subverslve OF the
'eace and harmony Of the Union and de-
'iruciIre OF the ends, for which the Federal
Constitution wns established"
say you had before you; for cannot sup
'ose what was published in oil the democ ratio
ewspapers and was known 10 every body
iSe, was unknown 10 you. confess, | do
ot know how to reconc lie your evident def.
renee 10 your democratic Legislature, and
'lsh to please them, with your open disre-
ard OF their authority but you probably do;
nd well knew that you hazarded nothing in
Ills case win them, IN iramplIug both und, r
tet their authority and the constitution Of
our country; that they would look on both
'ih secret satisfaction, if not with open ap-
Ianse: SO muiablc are popular opinions, and
accommodating to change Of time and
asses.
There Is no trust which you hold as Gov.
rnor OF New Hampshire, under The cons,i,u-
on OF The United States, which you might
Ut bctrny, and then defend, as you have
ono this; and even with more probability.
oppose one Of your Senators to die, the Sc.
ate OF the United States being in session,
'c you to refuse TO nppoin, Senator to fill
e vacancy, ad interim, I'LL your Legislature
ou.d meet! In that case you would bo
Ise TO the constitutions; false to the oath YOU
we taken to support the constitution inn
pa, ialse to your trust; yet in that cuso
u could defend yourself even more plausi.
than you can III this. For in that case
words are, The Executive may appoint
IN this case, the words are, The Execu.
e shall deliver up
Suppose again, on insurrec,ion in anna
n OF The Country against the Government
lhe Y. States, and The President should
loest you to call out the militia Of New
mpSh're to suppress the insurrection and
pose you were to suy to him, mir Presi.
IT, have received your communication,
cannot comply with your request ; for
old that the People Of the United States
be sovereign,und The Genera Government
II agent; they master, and the Govern.
NJ servant that they have a right, us the
creisn, to put an end to The Government
hey choose to do it, and when they choose
as they choose: What you call insurrec.
'' IS mere attempt at revolution; and
oIulion is the inherent, inulienablc right
he sovereign People" Ia the case sun.
cd of the United States, you will have
C aud said nothing more nor worse than
have done and said in the ase of Rhode
nd. IN both, you have placed your de.
&c upon The sovereignty Of the People;
The cases though not identical, are onal.