Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-01-10

my hand aud the prvy seal of the State, at the city Of
foany In. filth day OF May, in the year Of our Lord
one thousand eight hundred and thirty.two"
"Ihe OPINION of The court 10 the validity of the
cause oil detention appearing by this return, deli
ye'ed by Chief Justice Savage follows: at is,
says he, there expressly reciied-1. That the Cover
nor OF Rhode Island has demanded that John L. Clark
be arrested and delivered up fugitive from justice;
That copy of an affidavit was presented charging
Clark with ccr:an acts, which the Governor of Rhode
Island certes made criminal by the laws OF thai;
State j. That the affidavit is certified by the Governor
OF Rhode Island to be duly authenticated. Here then
is literal compliance with the Constitution and Laws
OF the U S; and the Governor of New York had full
power and authority 10 issue his warrant 10 direct
Clark to he arrested md delivered the agent of
the Stale of Rhode Island
"Clark made an affidavit to the following effect: shat
according to the information and belief of this deponent,
and he is advised by COUNSEL and believes 10 be true,
this deponent has not committed any act thing reel
ted in said warrant and that he is not guilty of any act
or thing which IS crime made criminal under and
by the laws of the State of r. Island and hch made
the pretence for said warrant and the Of this
deponent; and this deponent wholly denies the guilt
reci,ed in said warrant. This deponent expressly
denies that he has irauduently distracted from the
Bnrrville Bank of Rhode Island money, notes and
bank bills while President of said bank, or AT any time,
in any manner which is made criminal by the laws
of that State. On the contrary thereof, this Geponcn
says, that he has not at any time absiracted taken
what has been paid TO him by the Cashier other OIL
of that bank and upon vouchers discounted paper
entered in of business upon the books of the
bank and sanctioned by the direction or some part
thereof, or committees, or persons duly authorised in
the premises
"Chief Justice Savage delivered the opinion of the
court as TO the effect of this affidavit, follows
'The prisoner has made an affidavit denying all crmi
nality fraud in relation to the Burrvlle bank which
charged against him the affidavit presented the
J NJ Static In ypbp ba lt1
not is not the question TO be decided here. 1t is whe
Their he has been properly etarged arM guilt according
10 the Constitution and the act of Congress. The prl.
does not deny any fact set forth in The warrant
upoa which he has been arrested Ii is not denied that
the Governor Of Rhode Island has demanded him as
fugitive from justice. 1t is not denied that affidavit
charging him with crimnaty was presented to the Co.
of New York, is it denied that the Cover
of Rhode Island has certified that that affidavit is
properly authenticated These are the material facts
Governor Throop docs not assert the prisoner guilt
bu, that he had before him such evidence the law
directed TO authorize the issuing his warrant. Whe
Their the prisoner guilty innocent, is not the qnes
ton before is any Judicial tribunal in this State
charged With that inquiry. BY the Constitution, full
faith and credit are to be given in all the States TO the
judicial proceedings of each Stale When such pro
ceedings have been had IN State, rs ought TO put
any individual within it upon his trial, and those pro
ceedings are duly authenticated, full foith and credit
shall be gwen TO them every other State II such
person Zee another State it not necessary TO repeat
in such State to which he has fled the init'atory pro
ceednss which have already been had, but he is to be
sent back to be tried where the offence ~ charged 10
have been commited-to have the proceedings
summaed where they were begun.
"Duty Of Ereentire officers relation TO fWgittoc eri
ninaS.-All Executive officers OF the States bound
b. oath affirmation 10 support The Constitution OF the
United States. Art +, sec. >
"fhis Constitution and the laws of the United States
made in pursuance thereof, Tie supreme law Of the
land, and the Judges in every State bound thereby;
anything in the Constitution laws of any State to the
contrary notwithstanding. Art. 6, sect. 2
"rhe supreme law OF the land has been expounded
by the Judges of the Supreme Court of The State oil
New York 10 give to it full effect. very different
exposition has been made by the Executive of tina.
State
And now, what are we think of the course of
"Honest John Davis of the respect due to his ne W
tangled doctrines of the wreichcd sophstry, with
which he seeks to offer up Of the sacred guarantees
of the Constitution at the oosiool Of the Fanatics of
Boston; What will The South think of this honest
qubber, who has been nominated in Massachusetts,, as
the Wing Vice President The Clay ticket? or, still
further who, under the auspices Of the acting Editor
o! the Richmond Wing, the Author of the Goochland
resolutions, has been enumerated in the category
with Messrs. Talmadge, Berrien, &c, as one who
might grace the Presidential Chair uStIj9 pretty
candidate indeed for the South-or for tie Union.