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

TIM warrant for Cupposks arrest, but If had reeu
1t iiiy actions would have besn the same. La ans,
to my objection that the seal Of the notary
was not at ached to the affidavit, he rays:
The notary 6erjts whom the AFFIDAVIT was made
was dulv appointed IN pursusnGe u the ldws OF
this com non wealth, (Vuginial aud his siyAdtGrs .
Ioas dccompt"isi by a scroll. ia precise coniormi.
~ With The established usage and the decisions Of
our courts which recUgnise scrolls aud seals" e..
1t the 0jyernor Of Virginia has not tailed to
see the act ol COhgteys passtd September 10.
$780, he has Certainty failed to read IL To sup.
pose that ho had read it wpuld be to supposo ,haI
tie hud quoted just ~ much pt said law 40 tended
to support the position lie had taken, aud suppress
std ~ much OF 1t AS showed that pUsitiun to be
unteudaie-s suppositiun wh!en my sense Ui conn
n.y. iUrbIds my entertaining Tor moment /
supply GGt potion y! the law which he ha4,
doubtless Through inadvsrIance, omitted. The
last words quoted 10y hun wete the words State OF
ferrltOTy, aud ia the law, printed, are iulJ3ed
by u couinla, aud then Iu Immediate gunneElun
rUIlOw these Nurds
"A"d aoaea certified unisr tie hand and obfcial
seat vi such uuiary shall have the same force aud
efecs as 1t taken or made 10y or before such us-
zee Ot the peace" (See g.h u. 5. Statutes at
Large, .. 45S
FROM tins II appears. by express provision Of
the law vi Congress au athdaut made ueiore .
nutary pubic shaii haze "iuree aud effect onIv
Whsn certified under his hand and otjTciai seat"
Now, Tue ath1aVit made IN thIs case before the
notary public is not certified under his hauG aud
,hic;al seal aud regret to be compsiled to add
tnat tho statement ot Gov. L.tcGor that the sigma
IN ut IA ufh t,vit
Oy scroll is wholly uutounded 10 fact So tar is
thls from being correct tnaI to this document re.
celved from hIni, aud otrll my Possession, there
Is neither SEAL nor evroil, nor mark, nvr device
~hateVer. County requires that SHOULD express
ny belief that ~ ~ radical error Vi fact the
Governor Of Virginia was m;oled b the infurma-
tlUn ot others, by defective memory, rather
chan by IL desire to support his argument byA
mIssr presentation.
10 recapituiaIe upon those points. the law Of
1879 provides thai when III this class ut cases an
affidavit Is u.ed, such affidavit must be mado be.
tore IndSl>tiaGe. Tue GOSeruUr vi Virginia does
"ot preead that IA nutary puUlic Isa IN ,siotra'e'
within tue meaning vi that law, but clam. BY
the law Of 1850 the law vi 1913 Was 81 mod fed
AS to permit the use vt ath svns maGs before nc
arieo puGIlc. Bat the same law OF 1850 which
modified the law uf 1898, expressly ami in terms
pubic shall have turCe aud effect only when cer-
Ifed under his hand and oLciui Seat' and the af.
iIAVit IN this 90 certified. Not be.
Ing So curtned It dII not have force and tiect,'
and having 'torce aud efect' no warrant could
upon it. il will be observed that h. official
seal OF the notary Is expressly req 'Iced Ds uf
CunKress aud, Utlng required by act ot Con-
gress, could mot waive II If would. IL ap.
pears 10 me that upon these POINTS The Gaze is So
pam tnLt arSim4Lt anI illls r4,ion cvu.I aud
nothing to It,
leave this part OF the discussion here waving
the question whether thus law ol Ie5U, ~ geuerAi
IN Ito Terms, can he construed rereanLg Or
amending the specific requIslIuhs Ut Ins SPECIAL O.
act providing III All respects the no.e hy which
tuguves iron JIstlde are 10 DS suIrendered to Au-
otndr sovereignty tor trIh. am advised th.t tLe
;Jnstrucuon "uuid not Ue adInIu,d bl tho courts
ami Is altogether untenaLle, and Is without urece.
dent tho STATE. rE
My third aud fourth reasons (which shall con.
slider III cUuuexlO"j tuat the atnua,Ils dad not
show Utber"Ise taan by Inference that Copp.ck
Was III Virginia at tue uuie he aided ana aoe.ted'
G.
gaiiy charge hIm ~Itn CRIME. Wat 10 the SUP
Sahce oi The atil4vuf Serippped VI All 'srDlage
~ Is tlis ami tnis uuy Andr0W Iunter sMsaTa
that Jonn Brown aud Oshers Un certain days aud
AZ eerlalu place Ia tue SAFE vi Nrsiuia, Commit.
ied cnIles, aud 'tnat irJuI IuVrlation re.
ceIVed from several pespu recently u,naeuled
aud executed Iu Nrs'ulA, and IRON oIuer Iactu
'hat have coe " hIs KnOWiedsu, he CerIy Getiec>s
that Barclay CoppucA al ed aud AUeIted OaIu JOAN
Brown aud others IN tue eonIniissIUu ot raId
crimes, AID that nom uIher ,nivrmaIion ulure re.
gently received he 1erig believes sAl Barclay Cop.
pock ls iug'uVe iIVm Justice NV tsgApIns Ia tnS
STATE Vt Iowa. 40
Now what is lbe la~f | quote irou Br:gh ley's1
Digest oi tue Laws u the IrIt'd s't., fskv.SS
'lhe affidavit when that IvIm VI e.Idencs il
adopted, must Le at least su tEphci, aua eertaiu
tnat It Il were LAID Leivre n,sgisua,e II Would
JUSTLY HIN III committing he accused 10 aLswer
,he cuarHO u Peun Law Jous 4l4, AIS Il,
must sIAso positively lnat Tue aiirgrd crlue waS
. c,nmIIIeu Ia tue State from hvu the parry il
alleged 10 Ue fugitive, aud thaI the party Is Ac-
tua,iy fugitive irouI that State (Expar,e Smith,
) Mclean, III, lj2, PEERS Gaze. 3Z.br., Sll.--
La the mater u May~a,d. Lave ol 5. c..
7Ol Digest IS. Mcnaei, Carer. 2J6.l
quote iurlner irou 8 McuAui .'-t
'Aga'n. tue affidavit charges the shooting on the,
S'h ol May. in 'ha eouly 0, JACK CD. anu State Of
MIssUur.tnat he Leheves and nus 80 reason ~ be-.
'leVs ilOui evidence and Intorn Anon now (Ihenl.
IN his possess on shI Joseph Smith WAS aessssory,
before ihe iast, and is a TesldsuI OF ellI,n Of
Illinois
The Court goes on to cay: sv-
There are several objections to ,his. Mr.. Bogssb
I The afhaht In this esse,l having The esidenoeF
and information III his pOsssssiOn should have mo
DOrporated it in bic afhdA'n % suabs the cOut, 10
judge Of their suthOsrsy 20 suppOr. bis hsi,sta