Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1860-02-15
The following message wss sent TO the Legisis-
ture Monday by Governor LErcnER:
EXECUTIVE DEPARTMENT.,

FEBRUARY ID. 1901.
Gentlemen of the Senate aud House Of Deiegdfes'
Shortly after | entered upon Executive duties
made reputation on the Governor Of the State
of Iowa. for Barclay Coppic, who hnd been enga-
eed in the Ilarper's Ferry raid. and had fled from
Justice had satisfactory evidence that the iugi-
tive was at the time MT the residence oi his moth
err in that STATE and subsequent events have fully
confirmed the accuracy OF The Information. Tie
Governor refused 10 grant the requistion for rea-
sons assigned in two letters which accompany this
communication and to which invite your atten-
.tion:
ceedingly frivolous, aud such ms have IN no pre-
yous instance, TO my knowledge. nhuepced the
action Of any State Executive, IN its intercourse
j. with this Commonwealth. The course of the Gov
er1or in this matter considered in connection with
the views presented in his inaugural message. in
relation TO the occurrences and actor in the liar
perS Ferry outrage, Nrce upon my mind the con-
clu>on that his action was taken, if not with the
Intention of permitting C0ppic to escape. and thus
shield him from ust punishment for crimes OF the
most serious End aggravated character. committed
against the sovereignty and laws OF The State, yet
with certainty that it must have that effect.
He declined to grant the requisition in his let
ter Of the Odd Of January last, upon two grounds:
First. That tho affidavit lis not authenticated
by the noaria seal" Of the Notary who admins
tered the oath to the afhant. The Notary before
whom the affidavit made was duly appointed
! IL pursuance Of he laws Of this Common wealtb,
and In signature accompanied by scroll, in
! precise conformity vita established usage and the
decision of cur Courts, which recognize scrolls as
seals.
The obect Of q noarial seal, other than scroll,
cnn only be to give tho document to which it is
appended additional authenticity, and to show by
the sanction ut tfhciul seal that the officer las
grcnter authority than mere individual. In this
case the Executive If this State, having the ay-
of tho Notury bna tha I'M lnI, If
his Official station, aud by nuthenticating tho req.
usition and the documents to support it with the
great seal ot the State gives greater authrn.
ITCHY to the signature OF The Notary Ihan tho no
toral seal rqn possibly give. BY the seal Of the
State the Notary is acknowledged to be Il proper
officer to administer oaths 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
n Tnper as should be received and Acknowledged
To be authoritative. The Governor of Iowa. there
fore, hnd sufficient evidence to justify the issue Of
his warrant for the arrest of tile fugitive Indeo l.
he seems to have considered this reason insufficient
~ he follows it with the declaration that "it is in
! IL nature technical"
The second reason he assigns land this he re-
CARDS Ms conc!usive) is. that the demand for the
rcquSition should DO accompanied by "thc copy
oil an indictment found, or nm affidavit made be-
fore n magistrate The net Of Congress which
requires the rendition Of fugiiiycs from Justice
wns passed in the year 1893, and does provide
Tint whenever the Executive authority Of any
State &c, shall demand person rs fugitive
from Justice of the Executive authority of any
other State, md shall moreover produce the
col y ui an indictment found or affidavit made be-
! fore magistrate of any State, &c. the Executive
shall deliver him,&c. But tho Governor Of Iowa
has hiled to see that Ny an actof Congress passed
on the 10Th day OF September, 1850, it is provided
that in all cases in which. under the laws If the
United States, oaths, or afirmations or acknow-
| lckgrmcnts may now be taken made before
any justice ur justices of the peace. of any State
or Territory, such oaths, allrmn,ions or ucknow.
| Judgements may be hcrcnticr also taken or made
| ly or before my notary public duly appointed in
any Smle or Territory" This act undoubtedly
recognizes noaries public proper officers, be-
fore whom ni'layts can be made in all such cases
and completely o.erthrows the reason assigned
by the Governor of Iowa, and makes .iho case 80
! llnin that argument aud illustration can add
nothing to it.
The Governors second letter, dated the 9th Of
january, assigns another reason in justification
of his rciusa! to grant the ,equistion, viz That
"it is not stated, unless it be inferentially, that
! toppic committed the acts charged, in,the State
oi Virginia On reference to the preceding par
ngraph IN his letter. Governor kirkwoSd uses
| This language; MIR. Hunter states that from in
| formation received by him from certain persons
condemned mud executed in your State, (Nr-
gina,l and from other facts which have come to
MS hHONNip'. nC D"itNC' lHHi tobpc was nlllnE
and nhetlng John Drawn and others, who on GER
tun days, Ia Fhgiaia, committed certain crimes,
| nnd that. from. information recently received, he
| verify believes that Curpe is fugitive from ius-
tirc, escaping in this State" According to this
statement OF the allegations contained in the nih
daNit, transmitted under the seal of this Suite to
the Governor ut Iowa, the charge is clear and dis
ttnct that the crimes were committed in Virginia.
and that Corplc is fugitive from Justice
These nreall the reasons assigned by the Gov
, crn'r Of Iowa for his extraordinary conduct in
refusing to grant the requisIton asked for by me-
IN the name and on behalf OF this State In NV
judgement they fall very far short of IL justifca-
ton.
The act of Congress provides that when n rcani-
sion is properly mad Tor fugitive from ju- zee
at shall lie me duty ~ the Executive authority Of
the State or Territory, to which suce person shall
have He'd, t" cause INN 'r he to be arrested and
secured, and notice of the arrest to he given to
the Executive auth rliy making 3ucb demand or
to the agent OF such authority appointed to receive
the fugitive andcanse TIE fugitive To be delivered
u surh agent, when he shall appear" Comfy
between friendly sister States woull seem to re-
qu're, that III notorious like tho present of
aggravated offences known t., the while countrr
the offender should not be permitted to escape for
mere technical objections unity would seem to
require that the act OF Congress should b. compli
ed with. and that the Governor should cause him
or her to be arrested and secured, and notice Of
'he arrest to be gwen to the Executive authority
making such demand, aud suggest the def, ct in
their leqnlstion, and them il curel to deliver IN
the offender; If not, to discharge him.
And such was the course OF the patriotic and en-
lightened Executive Of PENNSYLVANIA in the ease of
Edward llazlctt. who was demanded ly the name
~oi Albert lloSlett, But when the prisoner swore
that his Fame was not Ilazlett, but Albert IIarri:
son. instead of dischargng him. he was rcmanded
tola'i by the Judge and there held until requi.
slti"n could be awarded by Governor Wise. under
his proper name.