Kanawha Valley star. [volume] (Charleston, Va. [W. Va.]) 1856-1861, 1860-02-27
ExEcuTlvr DErAnrnlEr

Delsgatss Ks
Shoftly after / entered upon my Exc
cnlive duties made 4 acquisitions on the
Governor Of tho State Of Iowa. for Bar
clay Coppoc, who had been engaged 10
the Harper's Ferry raid, and had fed
from justice. i had satisfactory evidence
that the fugitive was. Il the residence Of
his mother In that State. and subsequent
eysLts have fully confirmed the accuracy
Of the Information. The Governor re-
fused to,grant The requisition. for reasons
assigned iri two letters, which accompa-
myths communication, and to which /
invite your attention.
The reasons assigned are Id my jiidg-
ment, exceedingly frivolous, and such as
have in no prelions Instance, % my knoWls
edge influenced tie action of any State Elk
ecltiye, inlits intereourse with this Com
monWealth. The course of the Gov. inthis
matter, considered in connection With
the views presented in his inaugural
message, in relation to the occurrences
and actors IN the Harper's Ferry outrage,
force upon my mind the conclusion that
bis action was taken, il not with the in
teption Of permitting Coppoc to escape.
and thus shield him from Just punish
ment, for crimes Of the most serious and
aggravated character, committed against
the sovereignty and laws Of this State.
yet with certainty that it must have that
effect. IL
He declines TO grant The requisition in
his lettsf. Of the Esd of January. last,
upon Two grounds
4 First. That the affidavit, SIS not au-
,thenticated by the NotaIial seaP' Of the
Notary who administered the oath to the
affidavit. The Notary before whom the
affidavit was made was duly appointed 10
pursuance Of the. laws of this Common
wealth, and his signature was acecompa-
MED by scroll. in precise conformity
with established usage and the decisions
Of our courts, which recognise scrolls as
seals.
Z The object Of a notarial seal. other than
q scroll, can only be to give the docu-
ment to which tits appended additional
Authenticity, and 10 show by the sane
FtiSn Of an official seal that the officer has
greater authority than q mere individual
In this case the Executive Of this State,
having the appointment Of the notary, has
the knowledge of his official station, and
by authenticating the requisition and the
documents To- support il. with the great
seal Of the State gives greater authenticiy
W. to the signature Of the notary than
the notarial seal can possibly give, By
the seal Of The State the notary IS ac-
kpowledged 70 be proper officer to adj
minister oaths 3 to1be such an officer as
he declares himself to be, and that the
paper TO which the officer has given his
certificate is such q paper assshould be
received and acknowledged to be authori-
Etatiye. The Governor Of Iowa, therefore,
had sufficient evidence to justify The is,
sue Of his warrant for the arrest Of fugi-
tive. Indeed. be seems 10 have consider
ed this reason insufficient, as he follows
tit with the declaration thst s.it is ID it.
nature technical. !"
The second reason he assigns (and
this be regards as conclusive is, that the
demand for the requisition should be ac.
cpmpauied By s.the copy Of an indict.
ment found. or an affidavit made before !
magistrate The act Of Congress which
requires the rendition Of fugitives from
justice, was passed IN the year 1898, and
does provide that whenever the Executive
authority Of any State, DO, shall demand
laperson as fugitive from justice. Of the
Executive authority of any other State
rand shall moreover produce the copy d
an indictment found OF affIdaysit made
before magistrate Of any Stafe. = DO.
THE Executive shall deliver him, be-
But The Governor Of Iowa has failed L
see that BIZ an act Of Congress passed Of
1.-THE 10th day Of September, 1850. Il ].
provided that, ,,.in ali cases IN which
under the laws DC the United States
1 oaths OF affirmations Or acknowledg msnti
Emay now be taken OF made before An.
Ijnstice or justices Of the peace. Of an
State Or Territory, such oaths, affirma
ttions or Acknowledgements may be here
after also taken or made BY or before an,
notary public duly appointed ii any Stat
az Territory" This act undoubtedly re
u cognizes notaries public as properoficers
lbefore whom affidavits can Be. made, i
lsllsuch cases. and completely overthrow
tfhe reason assignedsby the Governor Q
Iowa. and makes the case soplsin that 81
gument and Illustration can add nothing
lfnb 4.