Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1860-03-31

Ne"teWe" ~ We H""Se " HepFeSeHdNceS
have received your resolution Of yesterday re-
Iqoesting me To communicate to you all tho facts
aud correspondence Connected with. or 10 any way
growing out ot the demand made upon ms Cor the
arrest ct BIrclay C"pppck and his surrender 20
thn State OF N.rgna as II Tusiiisc Irum Justice
aud my renson, tor refusing thar demand
, Tht rpocial message of the Governor If Virginia
referred to IN the preamble to your resuluti ,n is
"i such character as, in my judgment, - reud =
. proper the publicity Of the information asked tor
: III your resolution All tue papers and corres-
p0mdence connected with in any way growing
out vt ths mater aud the requisiun Uf the Gov.
ernor oi Ntsinln. copy of which | transmit.
marked th1 All iavlt upon which said requi-
IN,u Il, L. b',ed which | copy in the body of this
c,mmuncnlun my letter to he GJveruor Of YIrs
s'nH dated January %. 1850, copy OF which |
transmit, marked B my otter to the Governor
Iof Virginia dated January 24ih. 1900 a cop,
Iof which transmit mark,dU. | have not receiv-
Ell from the Governor VI Virginia reply to either
of my letters to hun and | nave not tad cores.
poGdence upon TINS subject With atty uthor person
The iactS touching that requlsitUn We're these
On the % day Of January last an agent oi VIZ
Iiniu called upon and presented hls cnntui,-luu
from the q 'yernor Of that State ns surh agent To
receive CnppOck. Whu WIS demanded in the sam,
commission as tagitive from Justice, as appeared
Dy an annexed document VI which tue following
IL an exact copy:
- CITY 9f Richmo"d and State Of Virginia, to
WH:
"AuGrew Hunter make,h oath and saith, that
from iutornauun received from several of the
prisoners recently Condemned aud executed at
Charleston D. f.rson county, Virginia ani rrom
other facts which have come tu his knowledge. he
verify believes that certain Barclay Cuppock
was aiding and atetting a certain John Brown
and Others. who on the sixteenth aud seventeenth
days "F October in 1889, did :eIoniousy aud
ltrensnnahly rebel and commit treason against ihe
Commonwealth nf Virginia. at 1t certain place call
ct lItiper'- Ferry. iH said county of Jefferson
and who did then and there censpre With and
adSise certain slaves in the county aforesaid to
rebel ai m Ike insurrtrinn against their ,unUers,
aud against the authority Ut the laws Of said Cnm-
munwealth Of Virginia and rho did then a I'd
there felunnuslV kill aud murder certain Hayward
SheppaTd. II free negro. and Geurge w. Turner,
Fonulin Beckham, aud Thomas Barclay. And
nlh ant further s;ntes th4t, from inf1rm tiIn re-
Gently received. he verify brleves that said Bare
4 lay Crppick IL fugitive from Justice, now escap
lnG in the State of Iowa.
Sworn To before me- Notary Pnblic in aud
fn. the State Of Virginia, this ninth day Of Janua
Try, 1850.
IL. II. BuYRlN, N T."
Upon exrminarOn of this paper, | declined to
issue my warrant or the arrest Of the alleged fu
girive. because in my Judgment. no authority gu
to dc was conferred on me by law in case rect
ing on such II ha-s.
1t is high prerngatge Of rffual power in any
case to sc'ze cit z,n of the State aud send HIM,
np"n an ez p"fe statement and without any pre-
vi,uS examinations and Without confronting him
"ilh single witness, To distant State for trial
! Ii is prrruEauve ~ high That the law tplera,es
lits exercise uul certain fixed cOnditous aud
! certainly shnil not eSnrci4e that puwer to the
peril Of any citizen ut IoSn, upon the demand OF
the State of Virginia. or any nther State, unless
these conditions be ccmpliei with.
The act of Cungress provinces that, besides the
Executive demand for the fugitive there shall BE-
produced ''he cupy Of indictment found or an
aAidnvt made before a magistrate of any State or
Terrturt as aforesaid. charging the person 50 de-
nIanded with having committed treason, feory, or
other crime, ctru6-d ~ au heutic by the Cavern
ment," &c. upon the presentation Of which il be
'omes my duty To cause the arrest tn be nude
There was not any 'coTy of an iLdictmeu ut found"
presented me, and If course the case rested 10
on the afh lavit.
refused the order Of arrest 10 this case for the
following reasons:
lst The nfh iavt presen ed was not made be
fore "a magistrate" but befute notary public.
u Even had the law recognised AN affidavit
made before tary Pablic. the afi l4vit in thi.
is not authenticated by the nOtrry's seal.
81. The att iaVi' does not show, unless il be
interentally. that Cuppock was in the State Of
Yrrg' MIA At the time he aided and abetted John
Brown ani offers, as stated therein.
4h II did not legally charge with cnmmis
sion Of treason. felony. or other crime
will cnnsider the first and second reasons in
cHnnexi"n IL viii not be pretended that notary
public and officer unknUwn 10 the common law
aud equally unknown To the ad N. .nistratun of ius
Iice, and never charged. directly or indirectly
with any step from first 10 last ia the trial Of crun
inal offences, isA magistrate within the mean
ing of the term ~ used eIe and else V here The
Governor .! Virginia does not ~ preteni, but
seeks 20 avoid the iorcs of this objection by citing
AN net OF Congress passed September 1850 lie
says:
But the Governor of iowa has failed to see that
by an act OF Congress, passed ON the 10Th day OF
September, 1850, il is provided that n all ca sea in
which, under the laws of the United States, paths
or atfrmnious. or Acknowledgements ma, be mken
before any justice of The peace og any State or
Territory, such oaths uirma.iOns. or avkuowledg
menIs may hereafter be also taken or made before
any notary public duly app 'inied in any State or
Territory This act, no adds. completely ov.
erth'Ows the reason assigned BY the Governor Of
OF ''.ff{'f olt sfia'e bei.aJ oal I'd eao19 edl
''taa rf1 ~ra itgealt -1rr i7a .sf' iear