Lewisburg chronicle. [volume] (Lewisburg, Pa.) 1850-1859, 1853-06-24

bringing the foregoing persons TO formal trial
Should such 4 procedure as this be declared TO
lie Incompetent as a charge, the object Of this
article 10 the Constitution must either be de.
ftaled or be truly oppressive. For, 6etmeea an
indictment aud trial there is no intermediate
examination Of the facts and 10 ,cat fo, The
etaminafion Of an absent culprit, before a
demand would compel a udgHient to be rem.
dered behind his back.
Governor M'Donald, of Georgia, in a com.
munication to Coy. Seward, Of New York, IN
June lSil, when insisting upon the delivery
OF fugitive on regaisition sustained by atfi-
Javits only remarks: - The object Of the Con-
stiiuuon 10 secure the arrest OF criminal in
the Stale TO which they may flee, TO be tried
IN the State within whose jurisdiction the Of
fence was committed and not to try them be-
fore arrest iit tie State wkcre hcy may be
jound. All that TIE Constitution intends is,
that when a person charged with treason, fel-
ony, or other crimes, IN one State shall csc are
into another, the officers Of the United States
or If your Excellencv please, of the State in
which he may be found shall arrest HIM upon
The same evidence oi guilt and no more than
would have justified his arrest IN the State
whence he fled. An Indictment IS nothing
more than an accusation or charge Of CRIME,
and .. il cannot he pretended that the evidence
On which the Grand Jury based their charge
should he communicated 10 enable yOur EJ-
ceNeacy 10 determine ,chefhcr MeU cOncfu-
sions U're erroneous IN iow.'
That learned gentleman further remarks,
:" that 10 discretion 10 pass upon Its sufiiclen-
cy was intended to be conferred upon the Ex-
eculIye upon whom the roquIsition is made, by
the ac; OF Congress requiring a copy Of the bill
Of indictment TO accompany the demand in
certain cases, and yet the submission Of CO.
/ py ui The bill Of Indictment would " not be an
, IDLE ceremony" nor the provisions Of law di-
recring il - unmeanm9 and useless" for as
ihe bill Of Indictment is an authority IN the
State where it Is found 10 the presiding Judge
/ to issue his warrant for the Apprehension Of
/ ihC accused, so is an authenticated copy of il
authority in the Stare TO which he may have
! fed for warrant, or order for his arrest
! there"
| In "A case before Judge Ray, Of South Caro-
I Ina decided IN 1871, "where certain persons
were brought before him bv habcas corpus,
who were under arrest 10y order Of The EYccu-
tive Of South Carolina lor the purpose of beng
dCiiy cred 10 an agent oi the Governor of New
! York. who had demanded them as iugilIves
! from Justice IN that State, bills Of Indictment
having been found against them, their dis
charge was moved for on various grounds !;
lui ibe Judge decided that he had no power or
auihon'y TO discharge the prisoners, or in any
way whatever 10 interfere with the mandate
If ihc Exocu,iVe-,hat the rendition of fuci.
rlves from justice, Is minister's duty I'M
roscd upon The Executive authority, by the
Constitution aud laws. and that it must be
considered as a case excepted out Of the State
! III. Il. 4
laws Of the United States"
As 10 the plea that an impression was cre-
ars,l or au understanding had between The al
torney's in the tIial Tor the freedom Of Rachel
and Elizabeth Parker, canno: see that 1t can
relieve you or myself from our obligation 20
carry out the demands OF the law, IN the pros
ccu,ion against M'Cieary, ] cannot doubt that
Judge Bell and Judge Campbell, attorneys on
the part of your State, did what they consider
cd 10 be right under all circumstances. But
can ror"gnIze no Official connection between
The trial for the freedom OF the Parker girls, in
The capaciry of Attorney General, hut as one
o! the attorneys selected by the Governor IN
der The resolutions of the legislature. His
powers were the same as those of his associ-
ate, Judge Bell, and no more. But as Aitor-
ney General, under late law of the State. he
could exercise no greater. than an advisory
power over the proceedings. The power 10
stay the prosecution against the accused, is
vested solely III the Court and District Auor.
ney Of Chester county. Had these officials
seen in the proceedings in the case of the Par
ker gIrls, reasons sufficient for entering a mol
ie irosequi, the prosecution would have terml-
mated. They deemed II TO be their duty, how
ever. 10 send the case to the grand jury, and a
bill Of indictment was found against The accus-
I'd. On the presentation Of a copy of this in
dIciment conceived il TO be my duty, under
The law, 10 make a requsitlon on your Excel
iency ior the arrest aud delivery of the accused
ard can see no relief Tor them, save in a ,r-
al by jury Of this State. Whatever facts and
circumstances there may be connected with
the trial for the freedom Of Rachel Parker,
which should be plead in defence M'Crcary
and Merit. will Be sulec matter for the con-
sidcration Of the court and jury, when inqu.-
ring into the facts of the case.
In CONCLUSION allow me TO express nv regret
that difference OF opinion should have arisen
between your Excel!ency and myself on any
subject, and 10 say that [ sincerely trust this
unpleasant affair may not, to the slightest cx.
/ tent, disturb the amicable relations winch have
30 long existed between the people of the two
States.
/ With the highest consideration, remain
your ExcclIency S obedlent servant.
WM. EIGLER.