Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1842-09-08


State. ! have been placed IN respect to tins
subject. by the Official acts of your EKcclen
ry, seems Ia demand Of me a more specific
'xpression of my opInons.-l say to you
therefore, in all iranknrss. that # Thomas w.
Dorr were now openly IN tins State, | should
trcl myself bound to decllue compliance
with your demand. ! concur with you fully
IN your views of the Importance OF that pro-
visIon of the Constitution Of the u. States to
which you refer, under which | am called t"
act. Ii was Intended TO facilitate the ordina.
y administration of criminal Justice ~ the
'cv"ra States by rccIaim,ng fng'livcs irom
n-lice of ole State 10 another: but 1t was
never designed TO affect political right, or Al,
tain political objects. To allow the opplica-
llon of this power to the accomplishment oi
.nch ends, would be subverslvc of The Con.
siliulion itself An obligation upon the cX
ecuilve of one State 10 comply with the dc
uands OF the executive of another Stale, IT,
Ill cases and AZ matter OF course, under The
Constitution, | cannot admit. A criminal
'fendef IN one Slate, may he pursued and
reclaimed IN another but the forms oi crim
nal proceedings cannot, rIgh,inlly. be used
to secure personal purposes. The Executive
f n sovereign State haS, not only u right.
nut II Is his duty, To look into the circunsian.
res OF every case upon which he ls called To
act. lie cannot be made a mere passive
instrument in the performances Of official acts;
nor Is II his duty to issue warrants against
citizens, without examination, merely be-
muse they are demanded by the Executive
ni anoiher State. le must he satisfied not
merely as To the regularity Of the procee edlngs,
bnt as to the nature Of The offence Of which
lhe alleged Fl gitive Is accused. The term
crime, within The meaning Of the Constitution,
does not embrace every act which, through
the caprice. or passion, or sclhshncss. or par
~ spirit Of local legislation, may be declared
IN offence and the executive who is called
~ aid in the execution Of the laws OF another
State. IL bound To see that The accusation is
embraced IN that class Of offences To winch
the Constitution properly applies. IL the
ofence charged be found 10 be merely an
Indifferent act, made penal only by local
Stalutes.-ns u,terlny unacceptable opinions
upon religion, or politics. or philosophy, or
"nnsenting TO be n candidate for a public
"ffice.-m If the accu-atIon be found to re.
late merely to potica! offences. he Is bound
10 reject RD application TOR an arrest. So
NAV hc look at the object for which the prose.
ruilon has been instituted and II he Is salts.
fled thnt it originated in improper motives, and
under cover Of legal forms. Is designed TO al
tam improper end-, he Is under no obligations
In aid IN the execution OF such a process.
Where the proceedings are regular upon
their face, and the offence charged Is one
recognised bv the Constitution, the reQulsi-
ton of the Executive of one State ought,
perhaps. prima fnric 10 be deemed sufficient
ground ;or the action of the Executive Of
another State. But If II is made 10 appear
that the prosecution originated in personal
malice, or a spirit Of revenge or is n mere
attempt to use the forms Of criminal proceed
ings to aid IN a private controversy, or to take
4 citizen into another jurisdiction IL subject
him 20 private suits, or attain some political
"r party object; reqnlstlon for delivery
under such circumstances. ought, IN my
judgment. to be rejected. II in the height OF
party conflicts. m arbitrary majority m any
State should seek To attain It's purposes by
Impressive laws.-by establishing arbitrary
aud anti republican tribunals, by abollshlng
The rlgh, of Trial by jury, the privilege OF the
writ of Hnbtns Corpus, compulsory process
for Witnesses, aid all the safe guards which |
IN the progress Of civilized society, have been
thrown areund civil liberty, or should nbol.
I~h the essential attributes of republican
government, by elevating the military above
The civil power, and subjecting citizens To
searches and seizures, by an
,rmed force, in time OF peace and in the nh
'ence ot any insnrrcction or rebcllion,-the |
'xecniivc of another State, might, rlghtfuy, |
icnv the claims FOR The surrender of NJ Amer |
can citizen 10 the control of such n power.
with these general principles IN view. ] Il
I'm prepared To give the reasons for the
opinion which have already expressed. II /
: not my purpose Ia express any opinion rs
q the various questions which have recently 4
Ivid"d the people OF Rhode Island but ! /
ammo, resist the conviction that other objects
re sought 10 be attained by the rpQuisitlon
made upon me than the ordinary adminiStrn.
ion of criminal Justice in that State. Under
he circumstances in which Mr.. Dorr and II
hose with him in the late unhappy contro.
ersy IN Rhndc Island have been placed. | II
annot regard them as the proper subjects for
bc exercise Of the executive power IN sur.
rndcr. under the constitution Of the y States:
or can concur in the policy of the opprcs
lvc measures sought through your rcqulsliion
, be- procured by the existing authorities of
IN, State. Unfortunately, grea; political Il
nrsilon, on which the people were divided
ITO two great parties, each claiming for H.
plf 10 be the lawful government the State.
suited in n resort 10 force. IN Tins contest.
, far ns this forcib issue is concerned, ono
,rtv has surrendered and th. other triumph.
y ; bui The great moral and political question
'volvrd ~ the controversy remains unsettled
proper regard TO the prosperity and happi. HI
'ss of the whole people of the State, would
'rm 10 dictate To- the existing government.
casnres of Cancellation, and fair submission
the matters IN dspnte 10 the pcaceahlc
rcsion Of the majority al the ballot box H.
'cir efforts to visit upon their political ad
'rsnrirs tho vengeance Of the law, they will
pv widen tho breach. already too large and
~ hazard their own security and the peace
the Union.
There are certain prominent facts connect
with this controversy, known To the Amer.
an people. u ~ known and admitted that n
ere has. hitherto no written Constitution \
'cn adopted by the people Of Rhode Island Il
their supreme law. aud that the political {
'wcr of the State is vested in minority Of :
'nut one third OF the free ctIz"ns of tho \ :
ate, over twenty ono years OF age, and that
majority OF about two thirds ol The citizens &,
I'hln the same age, have, by law. been cx.
nded from the privileges of the elective .
'nchlse, and from a participation IN the c
Ialrs Of government. IL is known aud nd
ited that after various unsuccessful n, {
Inp's, on the part Of large masses of the
ople, 10 secure constitution at govern. n