The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1860-03-10
City of Richmond, and State,

Clty OF KitNmOnu, ana Slatet
of Virginia to wit: !
Andrew Hunter maketh oath and saith, tina.
from information received from several Of the
prisoners recently condemned and executed at
Charleston, jefferson County, Virginia, and from
other facts which have come to his knowledge,
he verify believes that a certain Barclay Coppoc
was aiding and abetting certain John Brown,
and Others who on the sixteenth and seventeenth
days of October, in the year 1859, did felonious-
" and reasonably rebel and conlmi. treason
against the Commonwealth Of Virginia, at a ccr-
tain place called HaFpef's Ferry. in said County
OF Jefferson, and who did then and there feio-
niously conspire with aud advise certain slaves
in the County aforesaid to rebel and n.ke ilisur-
rection against their masters, and against the
authority Of the laws of said Commonwealth OF
Virginia-and who did then and there feloniously
kill and murder certain Hayward Sheppard, d
free negro, and George w. Turner, Fontaine
Beckham, aud Thomas Barclay--and afiiant
further states that FROM information recently re
ceived, he verify believes that said Barclay Cop
poe is fugitive from justice, now escaping 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 s. Ii. BoYKIN, N. p"
Upon examination of this paper, declined to
iseae my warrant for the arrest Of the alleged
fugitive, because, in my Judgment, no authority
so to do was conferred upon me by law, In case
resting on such basis
It's high prefogatiye Of Official power in any
case, to arrest citizen of the State and send him
upon an exparte. statement, and without any pre-
liminary examination, and without confronting
him with q single Witness to distant State for
trial IL Is preprogativc 20 high that the law
tolerates its exercise only on certain fixed con-
ditions, and certainly shall not exercise that
power to the peril Of any citizen OF Iowa, upon
the demand Of the State of Virginia, or Of any
other State, unless these conditions are complied
with 80
The act of Congress provides that besides the
Executive demand for the fugitive, there shall be
produced 1.-THE copy Of nm indictment found, Or
an affidavit made before magistrate of any State
or Territory, as aforesaid charging the person So
demanded with having committed treason, felony
or other crime, certifcdas authentic BY the Gov
ernor," &c. &e., upon the presentation Of which
II becomes my duty to cause the arrest "a W.
made There Was not amy s'copy Of an iadict-
ment found presented to me, and Of course 4he
case rested upon the affidavit as
refused the order Of arrest in this case Cor
the following reasons:
lst-The affidavit presented, was mot made hc-
fore "a magistrate, but before Notary Public.
2d--Even had the.law recognized an affidavit
made before Notary Pnhlir, the affidavit Ia this
case was not authenticated hy the Notary 'sseal
Sd-Thc affidavit does not show, unless it be
theoretically, that Goppoc was In the State Of
Virginia at the time he .sAided md ahetted John
Brown aud Others - stated therein.
4th-It did not legally sschargehi him with com
mission Of ''treason. tsloay Or othnrcrime'v
vail conaider the first and second reasous in