Lewisburg chronicle. [volume] (Lewisburg, Pa.) 1850-1859, 1853-06-24
VOLUME X.---NO. IL.
WHOLE NUMBER, 419.


however, would seem 10 demaEd a passing no.
lice. You alIege that I" Mr.. M'Creary went 10
Pennsylvania, not as kidnapper, but for The
sole purpose of capturing Rachael Parker. then
supposed TO be Eliza Crocus the fugitive slave
Of Mrs. Dckcyhut." TIE answer 10 this is.
that the laws Of Congress prescribe a mode Of
retaining fugitive from labor, and had Dir.
/ M'Creary respected these forms there would
now be no indictment against him. Had he
taken the alleged Eliza Crocus before an Uni
ted States Commissioner, 10 establish her idcn-
tity, as the law requires, the fact would have
been developed that the person whom he was
about 10 carry oil, was not Eliza Crocus but
Rachael Parker. At best, therefore, IL will be
seen that Mr.. M'Creary carried Off Rachael
Parker IN violation OF The law and your Excel
lency will certainly agree with me, thai he
should bear the consequences.
But this whole inquiry into the guilt or in
nocence OF the accused parties, is unauihogI-
zrd, and, TO my mind, in clear GerogatIon Of
the letter and spirit of the Constitution and
laws OF the United States nor can agree
with you that the ease Of Mr.. N'Creary
comes within the scope Of that discression in
regard TO reIuIsiiions which has always been
claimed and exercised BY the Executive Of the
different States OF the Union" have also
searched in yam for the cases in which mot
only the Governors but the courts on babess
corpus have repeatedly gone behind the requi-
sitlou and have examined INTO and decided upon
the merits OF the cases themselves" This ex-
! animation, so TAR from bringing me TO con-
currence IN your Excellcncy's views, has con-
hrmed me IN the belief, that there is nothing
IN the Constitution of the United States, in the
laws OF Congress, OF the practice OF the Gov
ernors OF the respective States, TO warrant an
Executive in gong behind a correct record, 10
decide upon the facis.-Every suggestion
which you have made in defence Of the accu-
sed, constitutes subjecI matter for the considc-
ration of Pennsylvania jury when trying the
question Of guilt or innocence. and should nof
! apprehend, have attracted the notice oi the
Executive of Maryland, when enqurrinc into
the forms of the requisition.
! The Constitution of the United States, rrc-
vides I" that person charged in anv State
with treason, felony, or other crIme, who shall
flee 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
to be removed 10 the State having jurisdiction
OF the crline." The law Of Congress declares
g that whenever the Executive authority of
any State IN the Union shall demand auy per-
son as fugitive from justice, OF the Execu-
tive authority OF any State or Territory TO
which such person shall have fed, and shall.
moreover, produce copy of the ,ndctment
found, or an affidavit made before magistrate
/ oil any such State or Territory, charging the
person so demanded with having committed
treason, felony or other crime, certified as au-
| thentic by the Governor or Chief Magistrate of
} the State or Territory from whence the persons
so charged fled, it shall be the daty of the Ex-
ecutive authority ot any State or Territory to
cause him or her 10 be arrested and secured
and delivered TO The Executive authority ma
king the demand, or his agent"
In wnat feature OF this PLAIN and mandatory
law Is found the right to 60 behind the record
and try the case Z The Injunction TO deliver
the fugtives under the prescribed form. Of the
rcqu'siti"n Is positive II il had been con,em-
( plated that the Governor upon whom the re-
QUESTION Is made should inquire into the merits
of the case, why did not Congress so declore
MCreary and Merritt are claimed On the in
dctln"nt % grand Jury, the highest grade Of
rrIma faca ease that can be made out and
still your EzceIency has felt required TO 20 be-
hind this charge and inquire into the facts Of
the case, and even into the feelings Of the peo-
: pie who ,oight be called upon to act as Jurors
I Much controversy has been held between
the Executive OF the respective States Of the
Union, as 10 the meaning Of the terms other
crimes as expressed in the Constitution and
touching the brms ot Tequisiiioe ; but in no
instance that have been able TO discover ie-
fore the present, has an Executive claimed the
right TO 90 behind On admittedly correct ,xec-
ord and dismiss the accused on the fac:y of
! the casc.-No objection Is made 10 the fo,n
or substance OF the rr9uIsiticp, and the crime
charged according to the language Of your
Ezces!eDcy, is as - odious 10 Mary land az in
I Pennsylvania. But Wills, admitting the
sufhciency of the requisi,on a, TO form, you
assume or infer from an unauthorized inquiry
INTO the facts, the innocence Of the accused
and then ask "f II would he right for
the laws OF Pennsylvania to punish a man
under such circumstances " and If vou should
give your consent that q citizen of Marv.
land should be exposed TO an unjust pros.
ecutian." The answer is that The law
must he administered as il is. Il is no, for an
Executive officer to account FOR the conseauen-
ces ror is j, safe 10 doub, the Justice Of the
law. The Plea that IT Is my duty as an Exec
utive 10 lnrrknow the kind of trial which is to
await parties Claimed on the reguisl,ion Of your
B Exceiicncy or the 'iovernor Of any other State
Is truly startling, Why Sir, to my mind DO
Executive should pretend to understand the
iacts or the Consequences he should be con-
tent 10 obey The mauJates Of the Constitution.
conhdins the nights and interests of accused
parties 10 their peers and the laws Of the land.
Your view Of the suljrc,, il will ne readily
seen would impose upon the Executive a most
onerous and dclicaie dury no, contemplated kv
The act oi Congress. IT be the ricb, Of th.,
Executive, upon whom rcJuisi,ion is made
10 20 hch'nd the Indictment To notice the .lcts
tor the protection Of the aroused, i, is h;s iYrv
10 do 50. II he has the right 10 DO So IN one
case, ne IS t"fut to do So IN ALL duty utter
/ " imprac',rahlc and never should BE- aitcmpt-
ed. Shoud an Executive be expected 10 re-
verse the action OF a grand JuTv In the absence
oi MI The testimony on WHICH The m,licIncn,
against the accused may hare heen found ?
Should an accused party be tried before arues'
/ Shoni'i lntgineni he rendered 10 the absence of
both ihe prosecutor and accused, The rper,-
ialhc effect "i yonr Escellency S position would
: hc 10 lead 10 system thus lmprac,,cable and
d'nc''onS ". therefore. were snfrely sat
isiird "f Ihr mnocercc Of TIC accused. I cculi
nor cuhsen, In participate 10 the establishment.
o' precedent SO tTausht wirh dangerous con
sequences TO The peace OF the country. md .h,
/ chu> '' Jnsiice, rs In ac1upsce IN the ,cht OF
an ESecutirc to 90 ',bnt tic Indictment Of \
I lury, and yr-ul,y t,,r, l..