Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1860-02-24
message from GOV. fletcher.


The Requisition for Coppic-Dupliclty Of
the Governor of Loaoa-Kis AID to the
Fuqitive-T The Position Of the South
Necessity for Action, &c., &c.
The following message was sent to the
Legislature yesterday by Governor Letch-
er :
EXECUTIVE DEPARTMENT.
Feb. 10, 1860
Genn;tisasslen Of the Senate and the House q
Delegates:
Shortly after entered upon the Execu-
tive duties l made requisltion on the Gov.
of the State of Iowa, for Barclay Coppic,
who had been engaged ii the Harper's
Ferry raid, and had fed from Justice. I
had satisfactory evidence that the fugitiiye
was at that time at the residence Of his moth
err, in that State, and subsequent events
have fully confirmed the accuracy Of the in
formation The Governor refused ia grant
the requisition, for reasons assigned in two
letters, which accompany this communica-
|tion, and to which invite your attention.
The reasons assigned are, in my jrdg-
ment, exceedingly frivolous, and such as
have in no previous instance, to my know'-
edge, influenced the action Of any State Ex-
|ecutive, in its intercourse with this Com
|monwealth. The course Of the Governor in
this matter, considered il CONNECTION with
the views presented in his inaugural mes
sage, in relation to the occurrences and ac-
tors in the Harpers Ferry outrage, force
upon my mind the conclusion that his ac-
ton was taken, if not with the intention of
permitting Coppic to escape, and thus shield
him from just punishment for crimes OF the
most serious and aggravated character, COM
mitted against the sovereignty and laws of
this State. yet with certainty that it must
lave that effect. !,
He declined to grant the reqnisition in his
letter Of the 23d of January last, upon two
grounds:
First, That ths affidavit sis hot authen-
|ticated by the notarial seal' of the Notary
who administered the oath to the afiont.-
The Notary before whom the affidavit was
made was duly appointed in pursuance ct
the laws of this Commonwealth, and his sig
nature was mpanied by SCROLL in pre-
else conformity with established usage and
tHe ueSIS!oN VI our OOuItS, WulCA 10OoSuAAo
scrolls as seals.
The object of i n,eotarial seal, other than
scroll, can only be to give the document
to which it is appended additional anthem
ITCHY, and to show by the saaction Of an of
fetal seal that the officer has greater author
ity than mere individual. Ii This case
the Executive of this State, having the ap-
pointment of the Notary, has the knowledge
Of his official station, and by authenticating
the reruisiti5n and the documents to sup
port it with the great seal of the State gives
greater authenticity to the signature of the
Notary than the 1iotarial seal can possibly
give. BY the seal Of the State the Notary
is acknowledged to be a proper officer to aa-
minister oaths to Be such ain officer as be
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
Governor of Iowa, therefore, had sufficient
evidence to justify the issue Of his warrant
for the arrest of the fugitive. Indeed, he
seems to have considered this reason insult
ficieht, as he follows it with the declaration
that lit is ii It's hature technical
The second reason he assigns (and this
he regards as conclusive) is, that the de-
mand for the requisition should be accom-
panied by "the copy Of an Indictment, found,
or an affidavit made before magistrate -
The act Of Congress which REQUIRES the rem
dition Of fugitivcs from justice, was passed
in the year 1898, and does provide that
whenever the Executive authority of any
State, &c., shall demand person as fu-
gltive from justice of the Executive author
ity Of any other State, ''and shall nlorever
produce the copy Of an Indictment found or
affidavit made before magistrate of any
State" &c , the Executive shall deliver him,
&c. But the Governor OF Iowa has failed
to see that by an act Of Congress, passed
on the 10th day of September. 1850, it Isl
provided that III all cases in which, under
the law Of the United States, oaths or af-
firmations or acknowledgements may now
be taken or made before any Justice, or JUS
tees eff the reace, Of any State or Territory,
such oaths, afirmations or acknowledge
ments may be hereafter also taken or made
by or or before any notary public Gully ap-
pointed in any State or Territory" This
act undoubtedly recognizes notaries public
as proper officers, before whom atfidavits
can be made, in all such cases, and COM
pletely overthrows the reason assigned by
the Governor of Iowa., and makes the case
so plain that argument and illustration can
add nothing to it. -,
The Governors second letter, dated Che
oath of January, assigns another reason IN
justification of his refusal to grant the req
uisition, viz: That sit it is not stated, IN
less It Is theoretically, that Coppic commit I
the acts Charged, in the State OF Virginia. .
On reference to tie preceding paragraph in (
his letter. Governor Kirk wood uses this lam
guage: "Mr. Hunter states that from in-
formation received by him from certain per.
sons condemned and executed in your State,
(Virginiay and from other facts which have
come to his knowledge, he believes that
Coppic was aiding and abetting John Brown
and others, who on certain days. IN YER
1 al committed certain crimes, and that,
Gro, inforIia1attiiosn recently received, he YER
ly Believes Coppic is fugitive, from ifus
tice escaoi1e IN this State" According to
his statement of the allegations contained
in the affidavit, transmitted under the seal +
# this State to the Governor Of Iowa, the
charge is clear and distinct that the crimes
we're committed in Virginia, and that Cop
Die is fugitive from justice.
These are all the reasons assigned by the
fro