The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1860-02-14

f.oyerasr 81 seW4-hIA Asa se~ ~t9e -.
.,ye-Thc Pesitiea 81 the soath-Nsecssi-
=, for Action. &c.. &c. .t..
The following message was sent to the Le.
,,s,,,ure yesterday by Governor LxTcnks:
EXECUTIVE DEPARTMENT!
e,,,,,,ses f,Ae Sssafs AID Hosss # Delegnsts;
shorty alter entered upon Executive oa.
,,.s made reqa,sation ON the Governor oi
,ns safe Of lows, tor Barclay Coprtc, VINO
vs.. W. Ron engaged in the llarper's Ferry raid.
IA had fed from justice. had satisfactory
s,iasnce tha, the fugitive was at that time al
,ss residence Of his mother, ia that state, ana
.n.seorent events have fully condrmed the
.srpracy Of the information. The Governor
s,nsea 10 grant the requisition. for reasons
.ss,sned in Two letters, which accompany his
~oulaunicaien, and To wnich invi'e your
the ressous assigned are. ia my Judgment,
.saaiorly friyolous and such ~ have in NO
nrr,,ous instance, TO my knowledge. innu.
', rad the nc ton of any Sta.e Executive, IN i's
;.tsreonrse with this Commonwealth. The
rw,.e Of the Governor in this matter. con.
IN 10 connection with the views present
y, IA has inaugural ,nessage, an relation 10 Ine
,urrences aud sc tors ia the HarPers Ftrry
.,,asr force npon my mind The CONCLUSION
,sS, h,, action was taken, il not wilQ the IN
,s1,,on of permitting Coppe TO escape, and
,hu. shield ham from Just punishment loI
,rt,nes OF The most serious and aggravated
.ed laws Of this State yet win y ceftMhty
tha, i, must have that effect
"a. declined 10 grant the reQuisition In ms
Letter of the I'D Of January last Apoa I'VE"
gyuurds ...,
I'd by the notarini seal. of the Notary who ad.
m,nistered the oath 10 the afffant The NotaIy
before whom the aflidavit was made was duiy
apnoluted In pursuance OF the laws OF inns
Commonwealth, and MS s,snalure was ~. =.
,,.Hk su precise
with s,ablisart Asngg and Inc decision OF our
Courts which reocsnize scrolls IS seals,
The object of notarial seal, other than
.croii can only BE 10 give the document to
vebich II is appended additional authen ticity,
and 10 show by the sanction OF an oiilcial seal
that the officer has greater authority tnan
mere individual. In this case the Executive
Of his State. having the appointment OF the
Mary has The know l.dge Of his official STA
lion. and by authenticating the req uisi'ion and
The documents to support II with The great seal
Of he State. gives greater authenticity 10 the
s,guature OF the Notary than the notarial seal
.su possibly give. By The seal of the State the
Notary is acknowledged TO be proper officer
70 administer oa'hs; 10 be such an officer as he
declares himself 10 be, and that the paper to
which the officer has given his certificate is
surb a paper as should be received and ac-
Lnuy,edged 10 be authoritative. The Cover
nor oi Iowa. therefore. had sufficient evidence
~ igs,ity the issue OF his warrant for the ar
y,.t of the fugitive. Indeed, he seems 10 have
,.,Rsideree this reason ins efficient. as he fol-
L4sit with the declaration mat "it is In Its
nature technical
cards as couciusive) Is, that The demand Tor
,ha REQ ouisiton should be accomp ahied by 1.-The
cory oi aa Indie tment found, or ali affidavit
m5ja before magistrate" The act OF Con-
rrr.s which requires the rendition of fugitives
IRON Justice was passed In the year 1888, and
doe. ,ru, ide that whenever the ExecufiN e au-
tho,iry of any State, &c, shall demand per-
son rs fugitive from justice OF the Executive
authority OK any other State, "and shall more
aver produce the copy of an indictment found
mr. ufidayit made before magistrate OF any
Sla,s" &C. the Executive shall deliver him,
sc I'm, the Governor Of Iowa has failed to see
thai by an act of Congress passed on the 10Th
day Of September. 1850. II is provided that In
ali cases IN which, under the laws Of the
Tal ed States, GA tbs or afiirma.ions OF In W.
ledyrn.uts may Dow be taken or mate be tore
sny JUSTICE or justices of the peace, OF any
safe er Territory, such Oh lbs, afiirmations or
acknow led gments may be hereafter also taken
o. made by or before any notary public duly
apront ted IN any State or Territory" THIS
acf undoubtedly recognizes noiarips public as
proper officers, before whom affidavits can be
male IN ali such cases, and completely over
throws the reason assigned by the Governor of
loWa and makes the case so plain that argu-
ment and illustration can add nothing to IL.
The Governors second letter, dated the 2lth |
osIanuary, assigns another reason in justifi- |
cation OF his refusal TO grant the requisiiion,
eDiialiy, that Coppic committed the acts
charged, in the State Of Virginia" On refer |
eEee 10 the preceding paragraph in his letter, |
Governor kirkwood uses this language INT.
Hunter states that from information received
BY him from certain persons condemned and |
executed III your State, (Virginia,) and from
other facts which have come 10 his knowledge,
he believes that Coppic was aiding and abetting
John Brown and others, who on certain days,
"a fUs,nia, committed certain crimes, and
mat, from information recently received, he
verify believes that Coppic is Il fugitive from
lastee, escaping in this state" According to
This statement of the allegations contained in
lbe aindarit, transmitted under the seal OF this
STATE 10 the Governor of Iowa, the charge is
clear and distinct that the crimes were COM
ni'ted in Virginia, and that Coppic ts fugitive
Eem justice. -
These are all the reasons assigned by the
Governor Of Iowa for his extraordinary con-
duet IN refusing to grant the req uisi uon asked
for by me, in the name and on behalf of tuis
Sa!a In my judgment they fall very far short
Ola Justification.
The act Of Congress provides that when
'scuIsition Is properly made for fugitive
irom Justice, 'it shall he the duty of the Execu
i've authority OF the State or Territory, 10
whea such person shall have fled, to cause
hin or her 10 be arrested and secured, and no. |
ieeef the arrest TO be given to the Executive
authority making such demand, or 10 the agent
Vi such authority aFpoin ted TO receive the fu-
s'is", and TO cause The fugitive 10 be delivered
i~wseh friendly sister States would seem to
iequlre. that in notorious cases like the pre-
~bi OF aggravated offences known to the
Nisie country, The offender should not be per-
Gi'td To escape for mere technical objections.
SSmliy would seem to equire that the act vi
.Oae'ess should be complied with, and that
'Ar uoytrnor should ''cause him or her to be |
arrested and secured, and notice of the arrest |
., VIZ gwen to the Executive au thority making |
such demand" and suggest the defect ia b..
,,sNui.uon. and then, II cured, to deliver up
we enender II not, 10 discharge him.
.. nau s9ch was the course of the patriotic and |
eu'shened Executive of Pennsylvania In The |
s@~ OF Edward Hazlett who was demanded |
y lne na,ns Of Albert Haxlett. Bu6 when |
u e prisoner swore that his name WIS not |
naaesi but Albert Harrison, instead OF die-
tIa@,sog him, he was remandsd 70 jail BY the |
s s.se aho There held until a reQuisition could |
Proper name
Gov different has been the course Of the |
os,aat snoa OF Iowa. Instead Of causing this |
GsaNs 10 be arrested, and secured, aud nc |
m,s.a ms,aia ne actually published tn the news |
b~rs s.' VI MS State, as / have reason to be.
eor,, uss letter addressed to me, and before l 1
d ,is aave a. received it, thereby giving notice
nc.,.,.a aliinai ~ make his escape. before the 1
srsnasca could be amended II it bad been
,Saeoas ,n.as have also reason 70 believe that /
,ea snger - was dispatched. to give informa. |
Ss,. me criminal that me agent Of this /
nssS.,"i ae ia pursuit OF him; but WAetheT this |
.Oms ksl a.S was sent by the Governor, or by |
comm.r aer person 70 whom the fact had been |
m. haaeAied, am not advised. l
Tia, or kinia law upon this subject provides \
wilma, aeneyer any person shall ~ S0und 7
cr otSs. .nae state charged with treason, felony,
soy crime. committed ia aay other State,
o.Isl ..ee ss.:Aa may. upon compiatnt on 09tAs or
ss1@,'ted ~ the offence, issue warrant - ming
statr ;.s,a 20 charged before the sasae or some
mar - oasuce ,s within the 6tste.s Ifitshsifnp- I
o A.,,.n ne Justice thai shsre h yeasonabi eanse
%,.! %snis the odsndsr 70 ~ p..sco. > and shsai a..
- 'ae 0oyefnstr aSs.sh<, - -.