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

Price, the said George Abcrt and the said D. . Mon
ELL being person. Of evil minds and dispositions togeher
with divers oher evil disposed persons whose names are to
IN. % % nso ios HENRY
rhon pson, by force and violence to take and carry from
ing 10 certain place OF sad Commonwe aithto
wit Elkton, in the State OF Mayisnd-with The design
negro child, named Joel Henry Thompson slave and
Tor fe aferwards-o wit, on the day and year
said, raudulentiy malicousy, and unIawfuy did con.
spe, combine confederate, and agree together between
amongst themselves, by divers wrongful unlawful and
indirect the said free male negro child named Joel
Henry Taompson Ie6y and vioeh % sae ana ,s esf
ns TO certain place out Of this Commonwesi'h.o WI,
free male negro child, named Joel Henry Thompson as u
Joel, the evil example of all Others in like manner Offend
ing contrary 10 the form OF the act OF assembly IN neh case
the Commonwealth Of Pennsylvania
And the grand inquest aforesaid, upon their oahs and
ahrmamoas aforesaid do further presen that The SAID
James Fnsby Price, The said George r Alber'i and The
said Mitchell loge,he, win me sa,a pe,
pursuance of the said conspiracy, combination and agree
TO viii on The day and year aoresaidat county and
within the Jurisdiction Aforesaid, the said Tree male negro
ence Ia re and carry away the said county, he the
said JOEL then and there being to certain place Out OF the
the State Of Maryand-wih The design and intention Of
sd asa,, os s sss a as @
le the grea, jnry Of the said JOEL to the evil example
Of a ae Assembly i" such and oyd
against the peace and dignity Of the Commonwealth Of
i HORN r. KNEAss, District Attorney.
certify that tho within bill Of Indictment is a true copy
of the original il appears OF record in the aforesaid
court.
la testimony whereof have hereuno my hand and
I L.. Is SHARkEf, Pro. Clerk
STATE DEPARTMENT, Annapolis, March l, 1851.
sM BY direction Of the sovsrno especially suom.
m "A IN
sylvana for The delivery OF alleged fugitive from just
Isl Can The governor go behind the requisition in
qure into facts not apparent upon the accompanying rec
jurisdiction of the State from whose executive the requ
suon proceeds Can he inquire into the nature OF the
here ha. been no crime comm,,ed il the pre-
ceding questions are answered aftrmaliyely, then
ID Can person charged as accessory or conspaio
be claimed by requisition fugitive from the justice Of
foreign State, when, In TACT, he was not personally
present in said State, connection with the crime al
legged
ofMaand is held TO be bond and the be recovered
ner, the be holden charged with kidnapping
: Which law governs-the law OF the State whence the
mother escaped OF that Of the State In which her OH
Finally upon convey in the last inquiries.
aiisnde the requon and record he deny the requi
sion without violation Of the federal constitution
Your immediate yet most careful attention to this com
is solicited, inasmuch as there is now pending
before the governor case The determination Of which IN
private oitizen but TO the State OF Maryland and her sise
a,on under the equal protection Of the federal compact
Very respectfully your 96ed'eT, servant nsn;,
Secretary of State.
, Hon. r. J. BRENT, Attorney Genera OF Maryland.
ANNAPOLIS, March L. 1851.
slR. Having carefully considered the communicates
from your Secretary OF Stale. Mr. O'Nei bearing date
the Isl instant win proceed to reply 70 The ,eS Ss cues
specific inquiry, propose TO examine the general charac
United States which controls and the inquire
J submitted Tor my constellation.
changed in any son. felony. other
haa flee from Justice and BE- found in another State
from hieh he d be delivered be remored 10 STAT
har,rg JMsdirtto~ OF the crime With view 70 carr
Of 18th February. 1898, chapter l52, which enacs In ~
section that ''wheneve the executive authority OF
state The Union. OF either Of the Territories. &c.
shall demand any person, as iugse from justice OF IA,
person shall haze fed. and shall produce in,
copy # indictment found affidavit made before
charging the person demanded having committed
usaon. ieiony other crime. certified as authentic by
1o. Sss~es The ,s..o. so asd shall be the duty
The executive susho, q ne STAT 2, 1,,iory 10 h,e'
secured. and Of the be given the
seu.lve authority making such demand, ., to The 'Een
the iugve be delivered TO such agent when he
shall appear" twill be that the of Congress
the clause in constitution The United il
perfect harmony ss to the terms in which they descb,
According TO the plain import oil both the constitution
and tho act OF Congress- there must not only be GRIM
charged to hare bean committed The STATE making the dc
mand bur the person demanded have fed from
STATE making the demand, aud BE- found IN the Stat
chsrs has sursrdu rqwusd SO FAR the crime 10
produced with the rcqusiton that crime is char
TO A0pe been committed In the State making the demand
But the object OF OF Congress requiring the
asoiio~ Of affidavit ola indictment must
say have been enable the .rhem the de
made hare beer
committed the State making ths rsgSison
there is Tor producing such documents in evi
dence to the governor and IL would have been sufficient
have provided Tor the requisition without any
q ing evidence
could well consider II he chose TO do, whether atds
ndicimen him did in fact charge n
been committed in the State making the QUESTION
In where indictment produced. the
would generally that IL charged crime, being
found by grand jury, although might eventually be
charged crime face But where the charge OF
crime depends the private az yarfs oil nm in
dvdusl, the oil Maryland, before he complies
with the requsition, should that II does It's face
charge crime unless he willing through comfy to
sumo governor making the demsn nd had ined
criminal regard H. therefore, as question Tor the consd
GRAFTON OF the executive whether the affidavit copy oil the
indictment Tor his inspection docs charge crime
have been committed the Slate stdsNg fh vsgwsstitO~
cheney OF the charge yet cases occur where would
be his duty the law Of his State and de
eide upon his esponsibiIy whether charged
Aud regard the fact whether The dem
(ss,f,vs from jsstts consider that the Cover who
the criminal has the
to decide whether 'he has fled from justice" Why
that demand shall be made the Of State
Unless good reason Tor u, the power