The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1860-03-16

1
| o3d, 1850, o copy of which transmit, marked
b.: and my letter TO him dated January "a
1860, copy Of which l transmit, marked O.,
have not received from the Governor OF
Virginia reply to either of my letters to
him, and have not had correspondence upon
this subject with any other person.
The facts touching this requsition were
these On the 23d day Of January last, an
| agent of Virginia called upon me and pre-
scented bis commission from the Governor of
that State, as such agent, to receive Coppoc,
| who was demanded in the same commission
as fugitive from justice, as appeared BY
an annexed document, Of which the follow
ing is an exact copy:
s'City OF Richmond, and State
OF Virginia, to.wt:
"Andrew Hunter makeih oath and saith,
that from information received from several
of the prisoners recently condemned and ex.
ecuted at Charleston, Jefferson county, Vr-
| GINA, and from other facts which have come
| TO his knowledge, he verify believes that
certain Barclay Coppcc was aiding and abes-
ting q certain John Brown, and others, who
on the sixteenth and seventeenth days of
| October, in the year 1859, did felonionsly
and reasonably rebel and commit treason
against the Commonwealth of Virginia, at a
g
county of jefferson, and who did then and
there feloniously conspire with and advise
| certain slaves in the county aforesaid TO re-
bel and make instruction against their mas
tiers, and against the authority of the laws
Of said Commonwealth OF Virginia--and who
did then and there feloniously kill and muir
der a certain Hayward Sheppard, free ne
gro, and George w. Turner, Fontaine Beck
ham, and Thomas Barclay affiant fur
sher states that from information recently
| received he verify believes that said Barclay
Coppoc is a fugitive from justice, now esca-
ping in the State Of Iowa.
| "Sworn to before me, Notary Public in
| and for the said city of Richmond, in the
State Of Virginia, this ninth day of January,
1860. S.. Il. RoYKIN, N. p"
Upon examination OF this paper, | declined
to issue my warrant for the arrest of the al.
lodged fugitive, because, In my judgment, no
authority so to do was conferred upon me BY
law, IN case resting on such basis.
Ii is high prerogative of official power
in any case, to arrest O citizen OF the State
aud send him upon an ex parte statement,
and without any preliminary examination,
and without confronting him with a single
witness, to a distant State for trial. liz is o
prerogative so high that the law tolerates its
exercise only on certain fixed conditions, and
certainly shall not exercise that power to
the peril of any citizen of Iowa, upon the de-
mand of the State Of Virginia, or of any
other State, unless these conditions are com.
piled with.
The act of Congress provides that besides
the executive demand for the fugitive, there
shall be produced the |" copy of an indict-
ment found, or an affidavit made before
magistrate OF any State or Territory, as a.
foresaid, charging the person so demanded
with having committed treason, felony, or
other crime, certified as authentic by the
GOVERNOR" &c. &C., upon the presentation
OF which 1t becomes my dutyto cause the
arrest To be made. There was not any "copy
of an Indictment found'' presented to me,
and, of course the case rested upon the af-
hdavit.
refused the order of arrest for the fol-
lowing reasons;
lst.-The affidavit presented, was not made
before "a magistrate" but before a Notary
Public.
2d.-Even had the law recognized an AFT
dayit made before Notary Public, the aih-
, davit in this case was not authenticated by
, the Notary's seal.
3d.-The affidavit does not show, unless
1t be inferentially, that Coppoo was in tht
State of Virginia al the Tina be sAaigsed aud
, abetted John Brown aud Others" as stated
therein.
. 4th.-It did not legally sscharge him. with
commission OF treason, felony, or other
crime"
will consider the first and second reason.
in connection. Ii will not be pretended that
a Notary Pablo, an officer unknown to til,
common law, and equally unknown to tht
: administration of Justice, and never charged
= directly or indirectly with any step from frs
10 last IN the trial OF criminal offensee, is s.,
magistrate within the meaning of the term,
as used here or elsewhere. The Governor Of
Virginia does not so pretend, but seeks tt
avoid the force of this objection bv citing on
act of Congress, passed September, 1856
lie says:--.'But the Governor of Iowa ha,
failed to see that by IN act OF Congress pas
sed on the 10th day If September, 1856, i
is provided that in all cases in which, unde,
!, the Laws of the United States, oaths or af
frmntions, or Acknowledgements may be ia
ken before any Justice OF the Peace Of an,
! State or Territory, such oaths, aiErmations
or Acknowledgements may hereafter be also
taken or made, by or before any Notary Pub
lie duly appointed in any State or Territory,
!. "fhis act,o he adds, stcompletely overthrow,
, the reason assigned by Che Governor Of Iowa
and makes the case so plain that argumen
and illustration can add nothing to it,
! 1t 10 true, had not seen this net when re-
fused the warrant for Coppoc's arrest; bat il
o ! had scen it my action would have been th,
, same. In answer to my objection that th,
= seal Of the Notary was not attached 10 tn,
u affidavit, be says: 'sThe Notary before whom
the affidavit was made was duly appointed il
: pursuance OF the laws of this commonwealth
lVirginia) and his signature pas accompan
ied by a scroll, IN precise conformity will
the established usage and decisions Of ou
courts, which recognize scrolls as seals.o
. II the Governor of Virginia has not ssfaile,
to see" tho act OF Congress, passed Septem
Der 10, 1860" he has eertainlyfailed to read il
To suppose that be has read 1t would be d
suppose that he had quoted just so much o