Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1860-02-15
MESSAGE FROM GOV. LETCHER.
THE REoUIslTION FOR CoPPIC.
The following message was sent to the Legislature Mon,


requisiton the Governor of the State OF Iowa, Tor
Barclay Coppic who had been engaged in the Harpers
Ferry raid and had fled from justice had satisfactory
evidence that the fugitive at that time at the resi-
dence of his mother in that State and subsequent events
have fully confirmed the accuracy of the information
The Governor refused TO grant the reQuson for rea-
sons assigned in letters which accompany this
munication, and to which | invite your attention.
The reasons assigned are in my judgment, exceeding
~ frivolous and such have in previous instance 10
my knowledge influenced the action of any State Exec
utive, IN its intercourse with this Commonwealth The
of the Governor in this matter considered in
nection with the views presented in his inaugural mes
sage in relation to the and actors in the
Harpers Ferry outrage force upon my mind the conou
sion that his action taken if with the intention
of permitting Coppc to essape and thus shield him from
Just punishment for crimes of the serious and ag
gravated character committed against the sovereignty
and laws of this State yet with certainty that it must
have that effect.
He declined to grant the requi5iion in his letter Of the
23d of January last, upon two grounds:
FrSt-That the affidavit as not authenticated by the
notara seal of the Notary who administered the oath
to the aliant. The Notary before whom the affidavit
made duly APP onted in pursuance of the laws OF this
Commonwealth and his signature was accompanied bya
SCROLL in precise conformity with established usage and
the decision Of Cut Courts, which recognize scrolls
seals.
TIE object of notaral SEAL other than a SCROLL can
only be to give the document TO which is appended ad
y,
official seal that the officer has greater authority than
individual In this the Executive of this State
having the appointment of the Notary, has the knowl-
edge Of his official station and by authentcatng the re-
QUESTION and the documents support with the great
seal OF the State gives greater authenticity 10 the sig
nature Of the Notary than the notara seal possibly
give BY the seal of the State the Notary is acknowl-
edged to be proper officer to administer oath to be
such an officer as he declares himself TO be- and that the
paper to which the officer has given his certificate is such
paper should be received and acknowledged to be
authoritative The Governor Of Iowa. therefore had suf
ceut evidence Justify the issue OF this warrant for
the of the fugitive Indeed he to have
sidered this insufficient he follows it with the
declaration that lit is in its nature technical"
The second he assigns land this he regards as
cOncusye is that the demand for the rcqusiton should
be accompanied by 1.-The copy of Indictment found or
affidavit made before magistrate The act of Con-
gre,s which requires the rendition OF fugives from JUS
tee passed in the year 1898 aud does provide that
whenever the Executive authority OF any State &C. shall
demand a person as fugitive from Justice of the Execu-
tive authority OF any other State land shall
produce the copy of an indictment found or affidavit
made before magistrate OF any State &c, the Exec
utive shall deliver him. &c. But the Governor of Iowa
has failed to that by act Of Congress passed
the 18th day OF September, 1850 it Is provided that in
all cases in which, under the laws of the United States
olths CT aiIimatOns or acknowledgements may be
taken or made before any justice or justices of the
peace Of any State or Territory such oahs afrmatOns
or acknowledgements may be hereafter also taken made
bv or before anv notary public duly appointed in any
STATE Territory This act undoubtedly recognizes
tories public proper officers before whom alfdavits
be made in all such cases and completely oyerthrOws
the reason assigned by the Governor OF Iowa and makes
the plain that argument and Illustration add
\ thing to it,
The Governors second letter dated the oath of Janu-
ary assigns another in justification of his refusal
10 grant the reQuiSition, viz That lit is stated
less it be theoretically that Coppic committed the
charged in the State of Virginia On reference TO the
preceding paragraph in his letter, Governor Kirkwood
uses this language "Mr. Hunter that from in
formation received by him from certain persons condemn
ed and executed in your State Virginia, and from other
facts which have to his knowledge, be believes that
Coppc was aiding and abetng John Brown and others
who on certain days, IN Virginia, committed certain
crimes and that from information recently received he
verify believes that Coppic isa fugitive from justice,
Gaping in this State according this statement Of
the allegations contained in the affidavit transmitted un-
der the seal of this State to the Governor of Iowa, the
charge is clear aud distinct that the crimes commit
ted in Virginia. and that Coppc is fugitive from JUS
tice
These are all the reasons assigned by the Governor of
Iowa for his extraordinary conduct in refusing grant
the requisiton asked for by me- in the and be
half OF this State In my judgment they fall very far
short Of justification.
The act OF Congress provides that when requsiton
is properly made for fugitive from justice, lit shall be
the duty the Executive authority OF the State or Terri
tory 10 which such person shall have fled 10 him
or her to be arrested and secured and notice OF the
rest to be given the Executive authority making such
demand or to the agent Of such authority appointed to
receive the fugitive and to the fugitive to be de-
lyerel to such agent when he shall appear. Comfy be-
tween friendly sister States would TO require that
in notorious ike the present of aggravated offences
known TO the whole country the offender should not be
permitted to escape for technical objections. Com
y would seem TO require that the of Congress should
be complied with and that the Governor should cause
him her 70 be arrested and secured and notice of the
arrest be given TO the Executive authority making such
demand" and suggest the defect in the requsiton, and
then if cured deliver up the offender, if not to dis
charge him.
And such was the course of the patriotic and enght-
ened Executive Of Pennsylvania in the OF Edward
Hazlett who demanded by the name of Albert Iaz-
lett But when the prisoner swOre that his name
not Hazett but Albert Harrison instead Of dischargng
him. he was remauded 10 Jail by the Judge, and there
held until reQuisit!on could be awarded by Governor
Wise under bis proper name
How different has been the Of the Governor of
Iowa Instead of causing this offender Ito be arrested
and secured and notice OF the given to the ENecu
tive of Virginia he actually published in the newspa-
pcrs of his State have reason TO believe, lis letter
addressed to me- aud before could have received it,
thereby giving notice to the criminal to make his escape
before the reQrsiton could be amended if it had been
erroneous. nave also reason 10 believe that messen
ger was dispatched to give information to the criminal
that the agent OF this State in pursuit OF him but
whether this messenger sent by the Governor or 10y
some other person 10 whom the fact had been commune
Gated | avn not advised.
The Virginia law upon this subject provides that
"wherever any person shall be found within this State
in charged with treason felony, other crime committed
any oil State, any justice may, upon computation oath,
or other satisfactory evidence that such person commit
ted the offence issue TO bring the person 30
charged before the some other Justice within the
State lit shall appear TO the justice that there rea
Ia IN he
shall commit the offender to prison. and shall apprse the
Governor thereof " who shall thcreupon communicate
the same to the Executive of the State where the crime
l., charged TO have been committed Since have been
In office have executed this law by giving the required
inflammation 10 the Executive of Ohio This is the conf
~ required between friendly sister Staes-not the &C
ton which will refuse fragrant offender, shield
him from Justice frivolous pretexts, and then give him
notice TO flee SOuch course could have been prompt
ed by no other consideration than sympathy for the
criminal and the crime.
On reference to the Code Of Iowa. chapter zoe page
DIS under the title "Fugityes from Justice, it is proy
ded that 'wheuever demand is made upon the Cover
nor of this State by the Executive of any other State or
Territory in any case authorized by the Constitution and
laws of the United States for the delivery OF any person
charged in such State Territory with any crime, II
such person is held in custody under bail TO an
swer for any offence against the laws of the United
States or of this State he shall issue his warrant under
the seal of the State authorizing the agent who makes
such demand either forthwith ora such time as may be
designated in the vibrant take and transport such
person the line of this State at the expense OF such
agent and may also by such warrant require all peace
officers to afford needfu assistance in the execution
thereof
This section of the law clearly defines the duty of the
Executive Of Iowa in the under consideration and
prescrbes in clear and distinct terms, the course to be
pursued by him and If it had been observed, would
now have had this vioator of our laws in condition to
ensure his trial for the crimes charged against him As