The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-05-03
THE UNION.

occurred
the delivery criminals no had sd from State
10 the other. Great evils may result from the omission 50
Il his State, wsnienly shoot the line and kill
person in adjoining State He may do this openly,
Slate where bis victim shot, he cannot be demanded
fugitive. In such and nn, The federal cons,u-
ton may be amended, the punishment of such crimes
mus, be lief. with the State where the offender resides
State S extend i. Criminal CODE in any sp"s is
s,a.s nigh, mink p9ps,, TO charge person, residing 70
theperson charged as fugitive, because he is alb
sent from the jurisdiction where the charge Is made
such the setled practices innocent cit might be
seized and surrendered to answer, distant State, some
charge of constructive crime enacted Into The Of law
this might be ex,eaded 10 demands by ign nations
Suppose, for example; that treaty should be formed
persons fleeing from justices Russia might Immediately de
ANY yb IL an ps an ID d. wa gully h
pubic mails in tina, country doctrines subversivo of
found in The courts ii Russia against one Of our eminent
statesmen who had in his place in The Capitol proclaimed
claimed fugitps because he not found in Russia
TO answer the charge therefore OF the opinion that
less he has, while in that State offended against laws.
and then He'd another State In such case, removal
| ing OF the constitution
The remaining inquiry is whether. aHer requisi-
the governor upon whom the demand is made
go behind The requsiuon 10 investigate and decide the
and proper in such case 10 20 behind the requson-
First, because far the constitution speaks
utive, upon whom demand made has much right
10 decide the fact the executive who makes thar de-
surrendered is fugitive and gives no express power 10
either executive to decide the question dpuitd there
FORE has much right decide the other,
far The language constitution is DO consulted
Secondly The RICH, surrender turning on the fact Of
having fled would he harsh and unjust that the right Of
the party should be preudged, and concuvey settled by
the &c pars statements contained in the reanisiion
Thirdly, practically the power TO decide The question
should be vested in the last resort in the who is
called on TO surrender because hs refusal conclusive
and there is no power to review or reverse hi, action
Upon this question there Is deafth OF legal authority,
and, after much research. have not been able find any
adndaed cases directly in point Inc case o. the Mormon
prophet. Joe Smith, reported 10 MoLeans Reports, u27
however, be consulted fully sustaining the views u
his opinion Indeed that went much further; Tor the
court on habea corpus not only Wen behind The iequsl.
the governor Of Illinois aud delivery OF the
prophet; and going behind those documents they decided
crime In Mtsonr and incidentally remarked that ~
must appear that he a,d from Missu,io a1hoss tAe
self Of the practice Of the executive Of Maryland, has
BEEN when copy OF the indictment Produced the
foundation for requisition, require affidavit that the
party has d from justice, that the deponent has reason
belle 80; Otherwise, one Of our e,5ns xho had gone
be pursued by an enemy upon The charge OF ding as
dragged Enominou.y buck to the Sale where he had e
his family, and where he would voluntarily have returned,
executive should require before he signs reqnon The
preliminary proof OF the party having fed and though
whom the requisiion might be made, it would measure
ably prevent the abuse OF the power to make The requ
. ton.
lst To your first inquiry therefore, respond that you
go behind the requston OF the governor of Pennsy
inquire into facts no. apparen, the record and
can take such evidence may be satisfactory yourself
dispute the jurisdiction Of The Safe from whose
tive the requisition proceeds You however inquire
into the nature Of tue crime charged only Tar see
Psnn.yivsnia and thereby made criminal but you oanno
say, IN denial OF the requson thar no crime has beer
committed according to the fass 81 Maryland.
III. A person charged accessory or conspirato
cannot be claimed as fugitive from the justice OF Tor
i The said State in with til. crime charged.
90 If the law OF foreign State (beIng one OF The Uni
tive slave is iree which, by the law Of Maryland is held
be bond and the be recovered by the OF the
mother oiie legal manner then, my debe
opinion the master cannot DE charged viii, the crime
70 ga Sa,s does IS. not ,u as
govensihe law OF the State whence the slave mother
Iombut the answer the inquiry be found Ia the
clause Of the federal constitution which declares that enc
person held labor in State under
rsgXiaiion hpu~ be diseaargd from service
such service or labor may be ue Under t. proecins
clause no ae o. ,egsai,o~ OF Pennsylvania can mpa
tho masters RICH, Ia hi fugitive female slave but II exist
during her flight and concesment fully. 10 all inen
il she never bad fled One OF the incidents TO that gh
IT, only and the mother but
increase she may have while in her fugitive condition
right he ineident maiurai OF tho fugive prop
erty would be null and void Ms II it sought deny The
accompany reputation. setting specially the
charge was for kidnapping the issue o, the psrys
surion of the United States being paramount law il
each STATE would those special i.cs protect the
indictment with tho reqnistion wed the same
special facts, would not its lace charge crs,
OF the United states would the
charged such facts. But IL the affidavit bdctme
does disclose the nc OF the then you have
the power before shown, inquire and satisfy your
self wheher the facts, aiiSads, the requison and
record the person claimed guilty OF crime in Pensy
vana. This 10 in you, but should be rarely
J cised when indictment has been found In luds
this is where IL should be exeros other
wise an innocent may be dragged into Penn.yvanis
and convicted under Law decision Of that State which
is subvcrsive Of the constitution OF the United States
would therefore advise that the executive DO inter
posed protect Of citizens from such
demand II you satisfied that he 10 innocent under the
federal constitution, Of crime nKanst PeDnsy
A though her courts might even convict him.
Finally tho facts conveyed in the second and hiro
inquiries referred to think, they proved to you
ction, deny the requisitIon without viola
I, ton federal consttution-
lst Because the party charged Is fugitive
tice
ID Because IL cannot be n crime In Pennsylvania unde
tho constitution OF the United Sats Tor
hs female slave, with the offspring she
may have born while "a fugitive from service.
ROBERT ]. BRENT.
4 His Exccllcncy L. LEWIS LOVE- Governor Of Maryland.
Governor LowsI Latter 10 ths Gopr~or of Ptw~syipara
STATE DErARTxxsr,
Annapolis. (Md..) March 8, 1851.
Sa On tho fst day OF this month Mr. James Barber
the agent appointed by your exceIency that purpose
this department dclv
cry of a certain 3 Mitchell, citizen Of CeciI county,
this STATE who, II from IN. copy
Of the Indictment stands charged by the grand Jury the
CITY and county Of Philadelphia, Ia State Pennsyivm
MIA, with crime OF dns pping free negro boy named
Jorl Henry Thompson.
Shortly after my induction into Office, which occurred