Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1860-02-23
xEx.G Gov. Rusch, Hon. Il. +. Cue,
and Others will please accept our thanks
for documentary and other favors.


Tor DOCUMENTARY anu OtucI ISVOTb.
Interstate Relations.
There has been not little sensation
created in this State, 40 we'll as others
on account OF tho refusal Of Gov. Kirk
wood TO render up the man Coppic e
the authorities Of Virginia upon the
requisit;on of Gov. Letcher, and this
morning we mako room for the entire
message Of the Gov. Of Virginia, on
the subject. 1t is an able document,
and should he read by every citizen OF
Iowa:
IMPORTANT MESSAGE or GOV LETCHER
ON THE COURSE OF THE GOVERNOR OF
IOWA IN REFUSING TO SURRENDER
COPPIC--COvERNOR KIRKWOOD BE
vERELY DEALT WITH.
EXECUTIVE DEPARTMENT.,
Feb. Is, 1860.
GENTLEMEN or THE SENATE AND
HOUSE OF DELEGATEs-Shortly after
entered upon my executive duties, ]
made requisition upon tho Governor
Of Iowa tor Barclay Coppic, who had
engaged in tho Harpcr's Ferry raid,
and had fed from Justice. / had salts
factory evidence that tho fugitive was,
ut tho time, At the residence of his
mother in that State, and subsequent
events have fully confirmed the accuracy
Of the information. The Governor re-
fused to grant the requisition, for reasons
assigned in two letters which accompany
this communication, and to which | in
vite your attention.
Tho reasons assigned are, in my judy
mcnt, exceedingly frivolous, and such
IS have in no previous instance, to my
knowledge: influenced the action of any
State Executive in it's intercourse with
this Commonwealth. The course Of
the Governor in this matter, considered
in connection with the views presented
in his inaugural message 10 relation to
the occurrences and actors in the liar
per's Ferry outrage, force upon the mind
the conclusion that this action was taken,
if not with the intention Of permitting
Coppic to escape, and thus shield him
from just punishment Of crimes of the
most serious and aggravated character,
committed against the sovereignty and
laws Of this State, yet with certainty
that it must have that effect.
lilo declines to grant tho reqnisition,
in his letter Of tho Esd of January last,
upon two grounds -
First-That the affidavit "is not au-
theuticated by the notarial seal" Of the
the notary who administered the oath
to the afliant. The notary before whom
the affidavit was made was duly appoint
ell, in pursuance Of the laws of this Com
monwealth, and his signature was ac-
companied by . scroll,in precise conform
ity with tho established usage and the
decisions of our courts, which recognize
scrolls ~ seals.
Tho object Of notarial seal other
than scroll can only give to tie docu-
ment to which it is appended additional
authenticity, and to show, by the sane
ton Of an official seal, that tho officer
has moro authority than q mere ind-
vidual.
In this case, the Executive of this
State, having the appointment Of the
notary, has the knowledge of his official
station, and by authenticating the requi-
sit;on and the documents to support it
with the great seal of the State, gives
creator authenticity to the signature OF
the notary than the notaral seal can
possibly give. by the seal of the State
the notary is acknowledged to be .
proper officer to administer oaths-to be
such al officer as he declares himself to
be-and that the paper to which the
officer had given his certificate is such a
paper a. should be received and &C.
knowledged to be authentic. The Gov
ernor Of Iowa, therefore, had sufficient
evidence to justify the issue Of his war
rant for the arrest of the fugitive. In
deed, no SCENE to have considered this
reason insufficient, as he follows it with
the declaration that ut is in its nature
technical"
The second reason he assigns land
this he regards as conclusive) is, that the
demand for the rsquisition should be &C
ccmpanied by "the copy of an indict.
ment fonnd, or an affidavit made before
a magistrate" The act of Congress
which requires the rendition Of fngitivcs
from justice was passed in the year
1893, and does provide that whenever
the executive authority of any State,
&c, shall demand person as fugitive
from justice, Of the executive authority
OF any other State, s'and shall, more
over, produce the copy Of an indictment
found, or affidavit made before magis-
trate Of any State" &C., the executive
shall deliver him, DC. But the Governor.
OF Iowa has failed to sec that by an act
OF Congress passed on the 10th Of Sep
TENDER, 1850, it is provided, "that in al
cases in which, under tie laws of the
United States, oaths or aftirmations or
acknowledgements may be taken before
any Justice of the Peace, or any State
or Territory, such oaths, sffirmations or
Acknowledgements may be hereafter also
taken or made by, or before any notary
public duly appointed in any State OF
Territory" This act undoubtedly recog-
nizes hotaries public Is proper officers
before whom affidavits can DO made, in
all such cases,and completely ovc,throws
the reason assigned by the Governor Of
Iowa, and makes the case 80 plain that
argument and illustration can add moth
ing to it.