The mountain sentinel. [volume] (Ebensburg, Pa.) 1844-1853, 1853-06-23
Peunsylvania and Maryland.

Pennsylvania and Maryland.
We find in the Harrisburg Union, OF June
18th, lengthy correspondence between Gov.
Lowe, of Maryland, and Gov. Bigler, of Penn
aylvania, in the matter Of the surrender of NJ
Creary and Merritt, the two men employed to
secure Elizabeth and Rachel Parker, colored
girls, supposed to be fugitive slaves of L. A.
Sheffield, of Baltimore. AS the correspondence
is too lengthy for onr columns, We avail our
selves of the following condensation of it from
the Baltimore Sun; OF Thursday.
The letter of Gov. Lowe in reply TO the de-
mand on the part of Pennsylvania, is dated May
2, 1853, and declines compliance with the re-
QUESTION. He argues that the went to
Pennsyivania not 'kidnhaPpers. the Of
fence with which they cbarged-but to cap
ture the parties sas fugitive slaves, with pow
of attorney, and acting in good faith. 1t is
raj guilt. If guilty at all, it is purely technical.
Gov. Lowe further adverts to the feeling which
psrvades the community amongst whom the par
ties would be tried, which would render the re-
suit of the trial exceedingly uncertain. He also
alleges that he is justified in using this discre-
ton, and urges that Governors and courts have
repeatedly gone behind acquisitions, and exam
ined and decided upon the merits OF cases them
selves.
It is further stated that an agreement was
understood between the late Attorney General
of Pennsylvanis, of the counsel on part
Of that State. in the Rachel Parker case, and
the counsel for the claimant, that no criminal
proceedings should be had against McCreary
and Merritt if the claim was abandoned. In
pursuance OF this agreement, verdict in favor of
the petitioner was rendered by the jury. 1t is
assumed, therefore, that Pennsylvania has ad-
mitted the moral innocence Of M'Creary and
Merritt, and Gov. Lowe, accepting this conclu-
sion, declines to surrender the parties.
Gov. Bigler replies at considerable length, un-
der date Of the 26th ult. He does not regard
the reasons assigned for the refusal of Governor
Lowe as sufficient He defends the people of
Pennsylvania, and especially the citizens of
Chester county, against the intimation that any
prejudices or excited feeling would induce them
to try the parties except according to the rules
snd principles of law. The plea innocence Gov
Bgler declines to discuss and denies its legiti-
macy He maintains that it was the duty of
McCreary to have taken the girls before the u
s. Commissioner, as the Law requires. That, as
he did not do 30, he should bear the conseauen-
ses But the whole inquiry is deemed irrele-
want, and the precedents incidentally adverted
TO by Gov. Lowe for going behind the requisi-
ton denied altogether. The constitution and
laws OF the Uuited States are quoted, in proof
the mandatory character of requistion.
WIN respect to the ofeuce charged, s.kidnap-
ping, Gov Bigler remarks that is q crime
equally in Maryland and Pennsylvania, and is
properly included in the term ''other crimes
Of the constitution. The arguments of Gov.
Lowe are then applied to another case to illus
trate the logical consequences of them. The
slightest discretionary power in the executive
s snereupop utterly denied Cases are cited in
support OF the views presented. 1t is urged
that If the Executive Of one State can into the
guilt or innocence Of parties demanded upon re-
ouisition by the requisition of another, he can
also administer punishment and asked, what
limit could he assigned to the exercise of the
power. Further the accused might be twice
tried and jeopardized for she same offence Ca
ses are cited: again in behalf of the general ar
gument.
With respect to the agreement between the
counsel, Gov Bigler remarks that Judge Camp
bell was not acting in the Parker case as Attor-
ney General of the State Of Pennsylvania, but
the special appointee of the Executive in the
trial OF the Parker girls. His powers were the
same as those of his associate, Judge Bell, and
no more And, as Attorney General, he could
exercise no greater than an advisarv power over
the proceedings. The power to stay prosecu-
ton agains. the accused is vested solely in the
court and District Attorney of Chester county.
They have sent the case to the grand jury and.
bill of indictment was .ound Upon this hin
Gov. Bigler issues bis requisition, and can see
no relief for the parties save in a trial by Jury
Of the State of Pennsylvania where any facts
and circumstances connected with the trial for
the freedom Of Rachel Parker may plead in de-
fencs Of McCreary and Merritt.
Mutual regret is expressed that any differ
enee OF opinion should have arisen in the case,
m
turb the amicable relations which -hsze- so lono
.siesed bstssen the people Of the two States