Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-01-05

The constitution of the United States
provides that "A person charged in any
state with treason, felony, or other crime,
who shall flee from justice, and be found
in another state, shall, on demand Of the
executive authority of the state from
which lie fled, be delivered up tn be re.
moved to the state having Jurisdiction of
the crime" by the statute of 1875 Con
gress enacted appropriate legislation for
carrying into effect this constitutional
provision. It is an established doctrine
that the states can pass no laws lncon-
sistent with this constitutional provision
concerning the extradition of fugitive
criminals or with this legislation of Con-
| gress for its enforcement, for both are the
supreme law of the Union, and Of each
state, ana neither can be contravened or
superseded by the legislative power of any
| state.
The Federal constitution imposes upon
every state the duty Of delivering up the
| fugitive within its borders on demand of
the executive authority of the state from
which he tled-whilst the said act of Con.
| gress desgnates the executive authority of
| the ate to which he has fled as the proper
| authority to comply with the rcquisiton,
and prescribes the specific evidence upon
which the governor shall act.
| IN this State, prior To March 9th, 1888,
| the practice in reference to requisitions.
| with said act of Congress. there being no
| State legislation upon that subject. On
that day, however, an act in relation to
| acquisitions for fugitives from justice was
| passed by the General Assembly. Section
of said act requires that evidence addi-
tiona to that prescribed by the act of
Congress must accompany. the requisition
| from another state before the same
| shall be compiled with in this
State. Again, section of said act
assumes to divest the governor of his
| former exclusive executive discretion
under said act of Congress in respect to
the legal sutiiciency of the reqIsition
from the demanding stale, and directs him
| torefer every such case to the chief JUS
tice or one of the associate judges of the
State for his Judicial examination, hear
ing and determination, before the requisi-
ton can be complied with
| During my term of office these legisla-
tive provisions have not only led to much
needless Inconvenience and DELAY, but also
to earnest objections and remonstrances
from the executives Of other states, which
have been very embarrassing, and at times
have threatened to disturb the interstate
comfy heretofore existing, and to inter-
pose serious obstacles to that prompt and
cordial rendition of our own fugitive
criminals which is so essential to the etli-
cient administration Of criminal justice.
Those legislative provisions, so obiectiona-
bic elsewhere, have been adopted, and
have been enforced in extremely few
states. Consequently the executives of the
great majority of the states which adhere to
and insist upon the supremacy Of the re,
quirement OF the act of Congress govern
ing the subject are naturally impatient of
the additional trouble ana expense and the
vexatious delays which they occasion.
1t is matter for thoughtful considera.
ton whether the interest of justice will
not be better served by the repeal of these
provisions and by their abandonment in
this State until, at least, Congress shall
deem it proper to incorporate them i'll q
Federal statute which, being obligatory on
all the states, will create uniformity OF
practice and general harmony among
them on this subject.
But whether or not the said objection
able features of section shall be repealed
| am thoroughly convinced that the pro-
visions of section 3 should be modified
As they now stand they create expense
and delays which are as unnecessary as
they are annoying.
In almost every case the reuusitions
upon this State have been in all respects
valid, and the persons arrested and de.
lyered in compliance thereto, instead OF
questioning have assented to their suf-
licienCy. In view of this experience, there
seems to be no actual necessity of requir
ing every case to he referred to Il judicial
examination and dissemination before the
requisition can be complied with or re
fused. Ii the SAID section 3 shall be st
amended as to authorize the governor
either to decide each case himself or tC
refer it for q judicial determination, n,
now provided therein, according as he may
deem the more advisable in view of til,
particular circumstances its execution viii
prove much more practicable and far more
satisfactory, in all essential respects, thar
at present.
Such provision would not leave the ac
cused person without adequate remedy
for any error of the governor lii regard Il
the legality of the rcqtlisitiOm, or Of his ar
rest and detention, could still be reviewed
by an appropriate legal proceeding and {
statutory requirement that the sheriff, ol
other officer having him in custody shal
not deliver up the arrested person to thu
agent of the demanding state until he had
first given him Il reasonable opportunity
on application Of himself. his friends, OF
counsel, to resort to such proceedings
would amply protect his rights in tha
proceeding.
UNIFORMITY OF LEGISLATION
The Legislature of this State passed
law at the session of 1891 providing fol
the appointment of a commission to ad
WISE Will SllIIlldl itllllllSslOlIS tllAt tlllHll
be appointed i'll other states, for the pur
pose of securing uniformity of Legislation
i'll the respective states, and a create
uuanimity of law throughout the countr,
on those matters in which such unaniinIt,
is both desirable and possible. This ciTor
for coordinate legislation in the severl
states on the subject OF marriage and di
vorcc, the execution of Wills and deeds
notaria certificates, bills and notes, anC
commercial law generally, and other sub
jerts is probably the most importan
juristic work ever undcrtaken in tn,
United States since the adoption of th,
Federal constitution.
1t is of special Importance to yon, sine,
the commissioners appointed under tn,
you Il bill embodying the recOmmcnda
tions of the conference of boards Of com
missioncrs. | herewith submit their re
port, together with the reports OF the con
ference of commissioners, and commend
them to your thoughtful consideration.
ELECTION LAWS.
The enactment of new election laws ha
been productive of manifest advantage
and the experience of the last election hclC
under the registration law and the Aus
tralian ballot system have given alnIos
unmiXed satisfaction to law-abiding citi
2ens. The privacy of the Voter and hi
right TO absolute secrecy, as to ms ballot
has been greatly conserved by the new
law, which, however, may possibly he i'm
proved by amendment, and | trust tina
careful consideration will be given by YOU
honorable bodies to such intelligent repre-
sentatons as may be laid before you sug
gestiye of increased protection to tn
secrecy of voting: for il is obvious tina
the success of bribery and corruption o
intimidation in interfering with the FREE
and conscientious exercise Of the right .
: suffrage are all diminished by the sense o
absolute secrecy being preserved in the ac
of voting.