Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-01-10
RICHMOND. TUESDAY. JANUARY 10, lsaa.
.rir COURSE OF "noNGsr JOHN DAVIS -,

The Ground said TO be assumed By the Governor o!
Massachusetts, I'VE hope IN few days, the robes oil
office will be strpt from his shou!de-s Is so Directly al
war with the Constitution Itself, with the act OF Con
,ress and with the precedens in cur Sister States,
liza, we are utterly as,oned at the contemplate qnlo'
HES and special peadings, to which he mas conde-
ecsndsd He undertakes we have heard, TO review
tho fc,s Sc, forth in the affidavit upon which Latmer
lac hs,n demanded by our Executive as q Fugitive
from ius;,ce aud after the review, refuses to surren
der him. because he thinks the facts stated are not sui
Gcicnt 10 convict him OF crime before court OF JUS
30. II this be the ground taken, and we have no
,s, i IS what saws tie Constitution OF the United
That ga person charged" with "erime, shall, on de-
mand Of the Executive authority, OF Inc otate from
winch he fled, be delivered Up, &c
Wl,, loo. SAYS the &C, OF Congress of 1893: That,
urhsnever the Executive authority OF any Stale IN the
Union shall demand any person as fugitive IRON JUS
t;ce" &C. &c, sand ball, moreover, produce the
COM Of an Indictment found, or en- gtFdaru made De-
fore magistrate Of any STATE, charging the person so
Ismaoded &c &c, 'cert jed as authentic by The DC
rtrror &c e., shall be the duty OF the Execu.
tive authority OF the State, 10 which such person shall
have He'd" Nc, &c, "o the fugitive to be de-
l,yered u, nc.
And now what are the decisions which have been
made IN OF. Sister States under the Constitution and
.hs Ilw We find them sufficiently set forth IN the
following extracts from ''-ln Essay apon The Consu'
;tona R,rhis rs to Slave Property published IN Feb
tuarv lci0 from the able and learned pen OF Conway
koblnscn Esq OF this c'ty
"Deeisi0ns as to fugitirc Cfiminais-under the
Constitution Of the U s. state within the Union has
no more righ! to afford lum to person charged
with crime in another State, than to those who fled
from service or labor "The States, says MIR. Rawle
.sa!e considered as common family whose harmony
would be endangered If they were 10 protect and de-
tain such fugtvcs, when demanded in one case by the
Executive authority OF the State, or pursued IN The
other by the persons claiming an interest III theF ser
vice -
The question whether theft is felony Of such
nature as 10 make proner that the offender should be
delivered up, has been discussed in the American
courts, when ;hedeivesy was TO foreign S'ate-and'
on that subject different opinions lave been expresses
hut the lodges have all agreed as to the property ol
delivering up felons charged with stealing property in
= State within the Conederacy.
.n the case Of the People Schcnck > Johns.
Rep Az the prisoner indicted ~ the city Of New
lok tor felony III stealing gun and there was spe-
cisl verdict, which found that the prisoner dad eloni
ousy and carry away The gun in The State OF New
Jersey. The Supreme Court Of New YORK held, that
he prisoner entitled 10 be discharged upon Tue IN
acneai in that State bal ordered that he should be de-
tanned prison for three weeks and in the meantime
directed notice he given 70 tie Executive OF the State
al New Jersey, that the prisoner was detained on
charge Of felony committed there, stating that It no
Application should be made for the delivery of the pr-
oner within that time, he must be discharged
ain Snmons's case, 5 Binn. 6l7, the prisoner was
indicted in the city Of Phiiade phia, for ieoniousy
stealing and carrying away silver spoons nd other
articles and the special verdict found that the fact was
committed within the State OF Delaware. The Su.
preme Court of Pennsylvania approved Of what was
done in New York in the case OF Schenck, and the
pfDce eding similar
ain CARVING INTO effect the provision in the Fedora
Constitution, We have, says Chef Justice Savage,
no;hng do with the comfy of nations, unless per-
haps TO infer from that the trainers OF our Consttu
ton and laws intended 10 provide more perfect RENE
dy; one which should reach every offence crmlnally
corni2abe Nv the laws Of any OF the States the Ian.
gaage being treason, felony, or other crime
at was conteaded before the Supreme Court OF New
York IN Catk's case, that crime Of greater arocity
was intended BY the Constitution than vas charged N
that case-and indeed the ground was taken that no
crime at oil had been committed for was insisted that
the statute of Rhode Island, which alleged :" have
been violated contemplated proceedings merely o!
cirI nature Chef Justice Savage, who delivered the
ntnjoo af the court answered the objection rs follows
aThe first answer s that the statute OF hhone isiaha
IS not properly before An offence OF h'gh'y I'm,
oel character is stated in the warrant, and is cerheo
hv the Governor Of Rhode Island to have been made
criminal by the lass of that State. This is evidence
enough m this stage OF the proceedings OF the nature
of the offence but If look into the statute oil i<hoce
Island which has been informally read IRON their s'a
,pte book We find criminal offence. II is ms: ihat
II any officer c bank shall so frauduentiy manage IT'S
concerns that the public, or any individual deain9
with it, SHAH be detauded IN the payment oil iher lust
demands, such officer shalt be prosecuted ~ inc gu
preme Judicial Cour. by indictment; and, on convic-
ton the offender may be fined s., 00U This very
plain language. There s to be prosecution by IN
dctrnent and fine imposed Hhch goes OF course 10
;he public-not to the parry derauded. There is no.
thing here like civil remedy;
"s!ad our constitution and laws, says Chief Justice
SGrGge ''been silent on tins SUBJECT, and no conven'
onul arrangement existed between the several States
composing our confederacy, 1t may be conceded that
the practice arising from the comfy OF nations would
be applicable, and before would surrender IN one
State any person demanded by another as fugitive
from Justice would be duty 10 examine into the
evidence OF the alleged crime, and be satisfied that no
u a to ~. f,,,,1t Dt,s rrHpr
Federal Government, this matter has been regulated,
and left to the uncertainty arising from an
inquiry in State into the particulars OF an offence
committed in another The Constitution OF the l. ).
provides that person charged State with irea
SON felony or other crime, who shall fee from justice
and BE- found IN another State, SHALL on demand OF the
Executive authority OF The State from which he fed
be delivered up be removed 10 the State having uris
t!icton Of the crime Here then the law the sub
,ec,-a positive regulation, and tantomount 10 treaty
stipulation: and not TO resort 10 the comfy
al nations for our guidance Every person who is
chdrncd with crime in any State, and shall lice IN
another shall be delivered up. II is not necessary to
be shown that such person guilty. Ii is not neces
s.rv, as under the comfy OF nations, 10 examine INTO
the facts alleged agains, him constituting the crime. 1t
~ sufficient that he is charged with having committed
crime
"Bu, iow chargede The law of Congress has answer
ed t',s question In order says the Chef Justice OF
New York. TO give the Governor of this State ursdc'
ton III such case three things requisite. !. The
fugitive be demanded by the Executive of the
State from winch he fled copy o. an indictment
found, affidavit made before a magistrate, charg-
ing the iug tive with having committed the crime 8
Snch copy of the indictment affidavit must he ccrt
fed rs Authentic by the Executive IT these pre-fequ
sites have been complied with, then the warrant oil The
Governor properly issues and the prisoner is legally
restrained o, his hberty.S
'ih Clatks case, habeas corpus was awarded, d.
rected TO the persons having him IN custody command
ing them to bring him beicre the Chief Justice and 10
exhibit the cause Of his detention. The return upon
writ OF habeas corpus, showed that he detained
ii custody by virtue OF warrant issued by the Cover
"sEaos T. Throop, Governor Of the State of New
York TO the sheriff OF the city and county of " York
and the sherifs constabes, and other peace officers
Tho several counties IN said State Whereas has been
represented 10 me by the Governor Of the State OF
Island that John L. Clark, late Of Providence in tue
SAID State has been guilty OF frauds IN abs,7actng from
Rank IN that money, and