Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1860-02-15
Message from the Governor of Virginia.
The following message was sent to the Lee
siSlaturc on Monday by Governor Letchcr;
EXECUTIVE DEPARTMENT,

EXECUTIVE DEPARTMENT,
FEBRUARY L., 1860.
Gentlemen 81 Senate md House Of Delegaies:
Shortly after entered upon Executive du-
ties. | made a reauisition on the Governor Of
the State Of Iowa for Barclay Copplc, who
had been engaged in the IIarper's Ferry raid,
and had fed from Justice. / had satlsiacto-
~ evidence that the fugitive was at that time
at the residence Of MS mother, in that State,
and subsequent events have fully confirmed
the accuracy of the information. The Gov
ernor refused to grant the requsltlon, for
reasons assigned in two letters, which accom-
pauy this communication, and to which
invite your attention.
The reasons assigned, are in my judgment
exceedingly frivolous, and such rs have in
no previous instance to my knowledge, in
fuenced the action Of any State Executive,
in its intercourse with this Commonwealth
The course Of the Governor in this matter,
considered in connection with the views pre-
scented in his inaugural message, in relation
to the occurrences and actors in the uarpcr's
Ferry outrage, force upon my mind tie con
clusiou that his action was taken, II not with
the intention OF permitting Coppic - escape,
and thus shield him from Just punishment
for the crimes 81 the most serious and aggra-
waited character, committed against the suye-
reignty and laws Of tins State, yet with .
certainty that il must have that effect.
lie decided not to grant the rcquistlon IN
his letter Of the sd 81 January, last, upon
two grounds:
First That the affidavit Is not authent-
Gated by the notaria seal" of the Notary
who administered the oath t. the atiiaut-
The Notary before whom the affidavit was
made was duly appointed II pursuance Of
the laws Of this Commonwealth, and his
signature was accompanied BY scroll, IN
precise conformity with established usage,
and the decision of our Courts which recog
nize scrolls Is seals.
The object Of notarial seal, other than .
scroll, can only be to give the document 70
which il is appended additional authenticity
and to show by the sanction u an official
seal that the officer has greater authority
than mere individual In this ease the
Executive Of this State having tile appoint
ment Of the Notary, has the knowledge Of
ms official station and by authentlcatlng
the requsitlon and the documents % sup
port it, with the great seal 81 the State gives
greater authenticity u the signature ot the
Notary than the motarial seal can possibly
give By tie seal of the State, the Notary
is acknowledged To be proper officer ~ ad-
minister oaths IL be such m officer as he
declares himself to be, and that the paper
to which the officer has given his certificate,
is such paper as should be received and
acknowledged to be authoritative. The Gov
crnor Of Iowa. therefore had sufficient ey-
dence to Justify the issue u his warrant
for the arrest Of the fugitive. Indeed, he
seems 10 have considered this reason insult
cient, rs lie follows 1t with the declaration
that III is in its nature technical.
Tie second reason he assigns and ibis he
regards as conclusive is, that tile demand
for the reQuisitiun should be accompanied
bY '.the copy 81 an indictment found, 81 an
affidavit made before 4 magistrate The
act If Congress which requires the rendition
Of fugitiyes from justice, was passed n the
year 1893, and does provide that whenever
the Executive authority ii any State, hc.,
shall demand a person Il. fugitive from JUS
ticc of the Executive authority Of any other
State, "and shall moreover produce the copy
al an Indictment found III affidavit made be
fore magistrate oI any State, Ec., the Exc
cutiye shall deliver him. ,yc. But tie Gov
act Of Congress passed ON the 10th day ot
September 1880, it j. provided that ii All
eases in which, under the laws u the United
States, oaths OF atkrmatiaus Or acknowledge
ments NAV now lie taken 81 made before any
Justice or justices Of the peace, 81 any State
OF Territory such oaths, afhrmations 0r ac-
acknowledgements may be hereafter also taken
or made by or before any notary public duly
appointed in any State On Territory" This
act undoubtedly recognizes notaries public
is proper officers, before whom att!dayits can
be made, in all such cases, and completely
oyerthrows the reason assigned by tie Cover
nor Of Iowa, and makes the case so plain that
argument and illustration can add nothing
to IT,
The Governor second letter, dated the
9th If January, assigns another reason IL
justification D! his refusal ID grant the re-
QUESTION. Viz: That tit il not stated, M
less il be inierentaIIy, that Coppic commit
ted the acts charged, in tile Stateot Virgin
ia" On reference IL the preceding para
graph i'm his letter Governor kWkWoud uses
this language: "Mr Hunter states that from
information received ~ him from certain
persons condemned and executed i'll your
State. Virginia. and from other facts which
have come to lis knowledge IL believes that
Coppic was aiding and abettiug John Brown
and others, who iii certain days, X Iuyiaia
committed certain crimes, and that fromin
formation recently received, he verify belle
YES that Coppic il fugitive from justice.
escaping in this State" According to this
statement II the allegations contained iii
the affidavit, transmitted under the seal III
this State % the Governor If Iowa, the
charge Is clear and distinct that the crimes
we're committed in Virginia, and that Cop
pic is i fugitive from Justice.
These are all the reasons assigned hy the
Governor of Iowa, for his extraordinary con
duet il refusing to grant the requlstion ask
Cd for by me- in the name and on behalf VI
this State In my Judgment, they fall very
far short 1t i justification.
The act Of Congress provides that when
requisition is properly made for fugitive
from Justice, 1t shall be the duty of the Exc
cutye authority Of the State ~ Territory, "
which such person shall have lied, to cause
him Or her to he arrested and secured, and
notice ot the arrest to b. given to the Execu
tive authority making such demand ~ to
the agent OF such authority appointed ire
ceive the fugitive, and to cause the fugitive
to be delivered 10 such agent when he shall