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

strong and unreasonable preiudices. touching
the subject-matrer Of M'Creary's alleged Of
fence, prevail in the county where he has been
indicted, which would render the result o! his
trial exceedingly uncertain. could not, there
fore, consent TO expose him To the risk, unless
felt constrained to do SO bv the mandate of
the Federal Constitution. Without enicrlny
into an argument upon this point, il is sulii-
cient to say, that | consider the case OF Mere
ary fully within the scope OF that discretion,
in regard 10 requisi,ions, which has always
been claimed aud exercised bv the Executive
of the different States of the Union. Not
only the Governors, but the Courts also, on
habeas corpus, have repeatedly gone behlnG re-
quisitions, and have examined into and decided
upon the merits of the cases themselves.
! respectfully call your attention 10 letter
addressed TO me By the Hon. James Campbell,
late Attorney General of Pennsylvania, copy
OF which is herewith enclosed. The late At
torncy GenciaI expressly states, that, at the
trial on the petition for freedom, filed hy Rachel
Parker, in the Circuit Court for Baltimore
county, II was distinctly understood and agreed
between the counsel for the petitioner and the
claimant, respectively, that no criminal pro-
ceedings should be instituted against MCreary
! in Pennsy vania, II the claimant would aban-
ken IN favor Of the petitioner and that he (the
late Attorney General) would, without any
hesitation, have entered noUe proscgm on the
Indictment lately found against.him (MCreary)
! n Chester county, had he the power to do So
From this statement OF the late Attorney Gen
eral, it mus, be supposed that M'Greary was
not regarded by the counsel as morally guilty.
| ii guilty AT all. In pursuance OF the arrange
ment entered mo between the counsel. Il YER
dict in favor o: the petitioner was rendered by
the Jury. II is not for me 10 inquire how far
the State Of Pennsylvania might consider her
self bound ~ the deliberate act of the counsel
appointed BY your Excellency, at The request
of the Legislature Ct your State. ! must re-
gard those counsel, thus appointed, as the rep
resentatives of Pennsylvania, authorized 10 act
IN her behalf. ! must, consequently. assume
that Pennsylvania has admitted the moral inf
nocence Of M'Creary; because upon the oppo-
site hypothesis, | should be driven 10 the con-
clusion (which Is wholly inadmissible) that a
felony had been compounded, in order that the
freedom Of Rachel Parker might thereby be
secured. 1t cannot bc doubted that the coun-
sci, on both sides, acted from the highest and
purest motives: and that, beng satisfied of the
moral innocence of MCreary, the counsel Of
Pennsylvania considered that prosecution for
hiuudHVtuy WOufu nUt Ouly Dt uuluSt W
M'Creary, but might tend very strongly TO cS-
cite unpleasant feelings between two grca,
States, which have always cherished. and, |
sincerely trust, always will continue 10 cherish
! the warnest mutual respect and attachment
Here, then, BY the force OF the facts :hemsel-
yes, as well as by the admission OF Pcnnsylva-
fla, clearly implied from the act Of her ac.
knowleged legal representatives, am brought
10 the certain conclusion that Thomas Mere
ary Is an innocent man.
The case of John Merritt rests upon the
same facts and is governed oy the same prlncl-
Iples-He was but the assistant Of oICSca',
and OF course should not be held accountable,
If M'Creary be declared irresponsible.
| Under these circumstances, | must decline
TO comply with the requisItion Of your Excel
lency.
| have the honor TO be, with the highest re-
spect, your ob't serv't, E. LOUIS LOWE,
| EXECUTIVE CHAMBER,
Harrisburg Noy 20, 1855.
To His Excelency, E. Louis Lowe,
Gorerpor Of Maryland:
! Your Excelleucy's communication Of the I'd
instan, informing me that you had declined 10
issue a warrant for the arrest and delivery OF
Thomas M'Creary and John Merritt, alleged
! fugitives from the justice Of this State. came
to hand by due course of mail. An unusual
apology to your Excellencv tor having so long
delayed 10 acknowledge its receipt.
! have examined with some solicitude and
much care, the reasons thus communicated to
me by your Excellency. for your refusal TO
comply with the requisiiIon of the Governor
of this State for warrant TO arrest the saId
fugitIyes, and regret that should feel required
10 say, after all this consideration, that | cam
not regard the reasons assigned AS sufficient
indeed feel constrained BY high sense oi
official duty TO dissent almost entirely from the
doctrines promulgated by your Excellency,
touching this unfortunate affair.
Before proceeding TO discuss the important
features of this unpleasant controversy, ii
would seem proper that should al least at
tempt TO remove from your mind aprrehen-
sIons, not disguised in your communication
that the prosecution of the fugirivcs may have
proceeded from prejudice or unfriendly feeling
on the part of certain citizens Of Psnnsy Iva.
MIA. can, am happy TO say, sec nothing IN
the preiminaries of this case 10 warrant this
impression. The vindication OF the law and
the punishment Of crime, beg 10 assure you,
were the only objects sought. The very ami
cable relations which have long existed between
Maryland and Pcnnsy lvania should be sutii'lent,
ii seems to me, to relieve your Excellency from
apprehensions as to the just intentions OF the
authorities of this State. There Is surely
nothing IN the history Of rcnnsy lvanIa TO cx-
cite dlstrust in the justice Of her laws or the
purity oi their adnninisi ration. Some excite
mcnt very naturally grew ont OF the circun-
stance connected with this affair; bat cannot
conceive that ii Is of snch character rs To
hazard the supremacy of the law, or eudangcr
the integrity Of trial BY XIry; and rcsre, ex-
ccetmsly that your Acellcncv should have
found ii necessary 10 make any a!lusions
whatever, winch may possibly tc supposed To
reflect unsraciousIr upon any Of the c,ilcnS
OF another and friendly State" Excitement
and misdirected feeling may, on special occa-
sions. prevail! without, hut the sacred portals
of justice, IN this orderly Commonwealth, ~,
seldom ii ever invaded by popular camor.
The guilt OF innocence of parties is ever cstah-
lished according 10 the rules and principles oi
the law. Far be It from me. therefore, ~ rec
ognize the right Of vour Exc. icucv, tnisr the
law or rules Of comfy. to refuse 10 surrender
the accused on the allegation that Il tar trial
might not be had by a iufy oi this state; nor
can agrce with YOU than the iuleres, mani
tested by the cuIzens OF Chester county, NJ the