The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-06-21

correspondence has just appeared wnicn re-
Gently took place between Governor Big'er' o.
Pennsylvania, and Governor Lowe, of Maryland
upon the requisiton of the former upon the iA''e.
for the arrest and surrender of McCreary ana
Merritt, the two ms employed in securing tnc
,er,ons of Eliza beth and Rachel Parker, two col
o-sd girls, supposed to have been the fugitive
slaves of L. A. Scho6eld, esq, of this city.
The letter of Governor Lowe In reply to the de-
msnd on the part of Pennsylvania is dated May
2. 1883 and declines ompliance with the requisi-
ton He argues that the men went to Pennsylva.
MIA not ~ "kidnappers"-the offence with which
they are charged-but to capture the parties as
fugitive slaves, with power of attorney, and
acting in good faith. II il therefore contended
that they acted without moral guilt. II guilty ut
al, IL is purely technical. Governor Lowe fur
Their adyerts to the feeling which pervades the
community amongst whom the parties would be
tried which would render the result of the trial
exceedingly uncsrtsin. He also alleges that be ID
justified IN using this discretion, and urges that
Governors and courts have repeatedly gone behind
acquisitions, and examined and decided upon the
merits OF cases themselves
IL ia further stated that an agreement was un-
derstood between the late attorney general of Penn
sylvania as one of the counsel on the part of that
State in the Rachel Parker case, and the counsel
for the claimant, that criminal proceeding s
should be had against McCrsary and Merritt il
the claim was abandoned. In pursuance of this
IL,
rendered by the jury. 1t is assumed, therefore,
that Pennsylvania has admitted the moral inno-
cence of McCreary and Merritt, and Governor
Lowe, accepting this conclusion, declines to sur
render the parties.
Governor Bigler replies at considerable length
under date Of the goth ultimo. He does not regard
the reasons assig ned for the refusal of Governor
Lowe as sufficient. He defends the people of Penn
sylvania, and especially the citizens Of Chester
county gainst the intimation that any preiudices
or excited feeling would induce them TO try the
parties except according to the rules and princi
pies of law. The plea Of innocence Governor
Bigler declines to discuss, ana denies it's legiti
macy. He maintains that it was the duty Of
McCreary to have taken the girls before the Uni.
ted States commissioner, as the law requires. That
as he did not do so, he should bear the conse-
quences. But the whole inquiry is deemed irrele-
want, and the presidents incidentally adyerted to
by Governor Lowe for going behind the requisi
ton, denied altogether. The Constitution and
laws of the United States quoted in proof Of
the mandatory character of a State requistion.
With respect to the offence charged, "kidna D.
ping" Governor Bigler remarks that is a crime
equally in Maryland and Pennsylv and j,
properly included In the term 'tother crimes" o.
the constitution. The arguments Of Governoi
Lowe are then applied to another case 20 illustrate
the logical consequences Of them. The slightss
discretionary power in the executive Is thereupor
utterly denied Cases cited in support Of tbs
views presented. IL is urged that, If the Exccutiy,
of one State inquire into the guilt innocenc,
of parties demanded upon requsition by the Exc
ment; and asked, what limit could be assigned Il
the exercise of the power. Further, the accuse
mis- ht be twice tried and jeopsrded for th. sam,
offence. Cases cited again in behalf Of the gen
eral argument
With respect to the agreement between IN,
counsel, Governor Bixler remarks that ypd z,
Campbell xss not acting IN the Parker A.
torney general Of the State Of Pcnnsylsanis, bu
the special appoinisc Of the Executiv. ia the iris
for the freedom Of the Parker girl=. Bi~ po~sr
were the same as those Of his sssooiate Judge Bell
and mure; and a. attorney general he could
ercise greater than an advisory power over ths
proceedings. The power 10 stay prosecution aims
the accused is vested solely In the court and dis
trict attorney II Chester county. They have zen
the case TO the grand jury, and bill Of indiot
nent vas found. Upon this bill Governor igle
Issues his reouisition, and relief for th
parties save in trial by Jury Of the State Q
Pennsylvania, where any facts aud circumstances
connected with the trial for the freedom of Rache
Parker may be plead in defence of McCreary am
Merritt.
Mutual regret is Suppressed that any difference o
opinion should have arisen in the case and a hop
chat nothing may transpire to disturb the AMIGA
bic relations which have so long existed betxeel
the people of the two States.