The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, 1857-07-04
Important Construction Of the Powers Of the
Government.

Important Construction Of the Powers Of the
Government.
The Washington correspondent of the
New York Times, under date of the 9th
inst, communicates the following highly
interesting statement of an important case ::
Judge Black has lately given an opinion
in an extradition case between the State Of
Iowa and the State of Massachusetts. 1t
seems that in May, 1856, Jonas Wyeth, of
Cambridge, Mass, was indicted in Scott
county, Iowa, for the crime of bigamy. On
his escaping requisition was made by the
Gov. of Massachusetts, for the surrender of
Wyeth as a fugitive from justice under the
act of Congress Of 1898. In compliance
Herewith warrant was issued by the Gov
ernor of Massachusetts to VIM. Hall, the
agent duly appointed on the part of the
State of Iowa, authorizing and directing
him to arrest Jonas Wyeth, and trans
port him to the line of the State Of Massa-
chusetts. Hall, in attempting to execute
this warrant was arrested, tried, and con-
victed of an attempt to kidnap, and the
case is now pending on exceptions before
the Supreme Court of Massachusetts, Hall
being at sutfrance on bail.
After the issuance of the warrant to Hall,
the Governor of Massachusetts, undertook
to annul and revoke it, on the ground that
Wyeth was not Il fugitive, although he was
married in Scott county, Iowa, to his second
wife, whom he abandoned, and was, at the
time of his arrest, and is now, living with
his first wife, in Cambridge, Mass.
The matter was referred by the Govern
or of Iowa. to the President, and Attorney
General Black has given IN opinion that,
though the Governor of Massachusetts may
have exceeded his power when he revoked
the warrant; and although the surrender OF
fugitivcs from Justice is a matter regulated
solely by the constitution and the laws OF
the United States, the President has no
power to interfere and cause the surrender
of Wyeth by the State of Massachusetts,,
however clearly he might be of opinion that
the refusal to do so was wrong, because 1t
was Il case existing between two States, IN
which the United States did not have orlgl-
naI jurisdiction.
Thus it seems that the Governor OF a
State in such a case may put his own con-
struction on what constitutes fugitive
from Justice, in violation of the constltu-
ton. In the case Of "fugitive from Ia
bor,'' the I'd section of the 9TH article OF
the constitution makes it peremptory that
no person held to labor, escaping to another
State, shall be liberated Gin consequence OF
any law or regulation thsrein,'' but in the
case of sfugitive from justise," in the
same section and article Of the constitution,
the State of Massachusetts does not deem
the constitution peremptory, in the demand
thus made upon her, and claims the right to
determine who shall be considered, and
what shall constitute, a fugitive from JUS
tice.
The Chicago Times, in regard to the
above, suggests ''that Gov. Grives put him
self at the head of the Iowa militia, and 60
down into Massachusetts and take that little
State into custody. Let him encamp on
Bunker Hill, and give Gov. Gardner three
days to surrender. If he still holds out let
Grimes take the State"