The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1842-09-16
who is, in my judgment, its Chief Magistrate de

not in violation Of any existing law in force, and
in no constitutional sense can he be considered as
a "fugitire from justice" 1t has been well
said that, "A law which Furnishes citizen for an
innocent action or in other words for an act which,
when done, was in violation of no existing law, is
contrary TO the great principles of the social com.
pact and cannot be considered as a rightfu exercise
of legislative authority" The fact that Governor
Dor was continuing 10 exercise the functions OF
his office, cannot change his relation to the people
ofIhat State, or make those acts criminal which
were innocent and rgh,ful at the time. | cannot
for the reasons gned comply with request.
IL may, however, be said, that in complying
with the second section Of the fourth Article of the
Constitution Of the United States, Governor of
any State ON whom requisilion may be made, is
only to inquire who is the aching Goreruor oflhe
State making such requision, This position is
unsound. In such a case the most notorious us
upper who should happen 10 get the control for
time Of any States and thus they might become
his instruments to aid in executing his vengence
against those who have dared 10 oppose his usur-
patton, and who have fed from the State for safe
ty. am aware that among independent powers
n "sovcrnment de .facio,' is recognised as rcpres-
ening the nation for the time being. This princi-
pie rests on the necessity Of the case, and on the
ground that one nation has no right to decide
whether the government of another is lawful or
not. Blu, in my opinion Il different rule must ap
ply TO the States which are part Of our confederate
republic. The entire theory of our system rests
on the principle that all authority is to be ghlful
and derived from the peop!e-the acknowledged
source of all political power, ANY pretended Gov
eminent in any one State not derived from this
source is no government at all, and cannot be rec
oguiscd either by the federal authorizes those Of
other States. The lawfulncss or rgh,fulness O.
political power in this country canno, be separated
from the existance of such power If it be moi
s,ituton of these United States has required the
authorities of one State TO do any act in pursuance
of requsi,ion of the authorities Of another State,
it imposes upon the former the duty Of deciding
who ara the rgh,fu authority of each State.
have further objections to compliance with
your request. The provision in the constitution
Of the United States in regard 10 requisitlon does
not, in my opinion, embrace political offences
committed in other States. The language of that
pat Of the second section of the fourth article Of
the Constitution is."a person charged nth trea-
son, felony or other crime" Treason here means
treason agains, the United States, which had been
defined in the last section of the proceeding
nr.iclc--nnd felony and other crimes means often
ces known as such at common law and excludes
the idea Of mere political offences. Would not the
consequence of applying thus provision to political
offences have direc, and inevitable tendency to
involve one State in the controversies of another!
Should it so happen that faction in any one State,
by fraud OF violence gets possession of the Gov
eminent in palpabe violation of the Constitution,
and should pass arbitrary laws making it penal and
even a capital offence 10 call in question their au
,hori,y-and should their opponents flee for refuge
to neighboring State, and should requlsillon be
made for their surrender, would it be proper to
comply with such rcquisition and thus aid in car
rying into effect the purposes of such faction ]
think not. We were near witnessing such II state
of things in Pennsylvania, but n few years since
And i, may happen again whenever in this free
country an attempt shall be made to set at naughl
the voice of the people cons'ituonally and law
fully expressed. Suppose the majority in State
becomes so exasperated that in period of great
excitement they pass severe laws against the oPpos.
ing party, who TO escape persecution fee 10 other
States. Are they to be surrendered upon re-
quisllion, and that upon tho Executive of sove-
reign State IN whose jurisdiction they have taken
REFUGEE Can this be the meaning Of the Conslilu-
ton Of this free Repablic Can the liberty Of the
American people rest upon such principles ]
think not can give no counenance or support to
any such doctrine.
It cannot be that the Supreme Executive of II
State, when called upon 20 exercise his authority
10 remove a person who is within his jurisdiction,
is to disregard tho essential principles Of civil lib
er,y. That he is not to enquire whether the per-
TO be seni TO another jurisdiction Is 10 DC pun
ished for actual crime, or merely for his opposition
TO the will of dominant and successful party. ]
think it is no, only his right bu, his duty so TO en-
quire, as it is the frs, and highcs, duty Of every
Chief Magistrate to uphold the principles of ber-
~ not only in his own jurisdiction, both in Other
States, so far as he may be called upon to do any
official ac, tina, may effect them or their people.
cannot, therefore, with lha, proprely which hope
even TO maintain, and with that regard to the Con-
s,ituiion and the law which propose scrupnlously
TO observe, surrender Gov. Dorr upon your requis-
ton, for the purpose Of having lin taken to yonr
State for trial upon the charges made against him.
deeply regret the unhappy controversies which
l,yo e., eot,,o ttn,n nne, ised in Tho State of n