C leaf field, Pa., bp I). W, MUOIU feUI.AHHL WILSON. Edllon»»a Fluprletm, kt tbkfal Idwilt fill l»»or»blk TKRI« B OMB copy ONE f BAR. 151 ADVANCE. IP NOT PAID WITHIN THREE HONTiI. 1 25 IP NOT PAID WITHIN BIX MONTHB. I IF NOT PAID WlftMN NINE MONTHS, I 7! IP NOT PAID WITniN TWELVE MONTHB. SOI />-*—Thaaboveterra* areas llberolatthot* of anyothai V. • . . ' . oVrlw fly is said »doing g fefl l4lS»»he.l in *■*“■"<»»d Lancaster, codntie?. - ' jCteatfielfr lUjpiblfciiwu A WEEKLY PAPER: DEVOTED TO LITERATURE, AGRICULTURE, MORALITY, AND FOREIGN AND DOMESTIC INTELLIGENCE. Volume 4, From the Harrisburg TTniun. j IMPORTANT CORRESPONDENCE. i Tho following correspondence between 1 Gov. Low, of Maryland, and Gov. Bigler, of this state, will oxcite unusual interest. 1 The public have long been somewhat fa- ' miliar with the subject matter of this con troversy. It has undergone discussion by tho press in all parts of the State, in the course of which, Gov. Bigler has come in for a full share of misrepresentations and abuse. At one time it was asserted that ■ he had refused to make a requisition for j Messrs. M’Creary and Merrit, the alleged; fugitives from justice; and then again, that he had mado the requisition, but subse-1 quently withdrew it at an instunce of Gov. Lowo. Indeed so vigilant hud becomo the efforts of a certain class of political phil osophers to misrepresent the uciion of tho Governor, and so violent tho execrations heaped upon him, thut official declaration of his action became a maltor of duty to himself as a public officer. At tho in stance of citizens of Chester county, there fore, he finally consented to furnish q copy of tho correspondence for publica ■ tion. Executive Department, ) Antiapolis, Md., May 2, 1853. J To His Excellency, The Governor of Pennsylvania . g IB : —I have maturelyrconsidered the requisition mado by your Excellency, for the apprehension and delivery of Thomas M’Creary and John Merrit, charged with the crime of kidnapping a certain Rnchael Parker. I must respectfully decline to comply with it for the following reasons: You will perceive by the statement ofL. A. Schoolfield, Esq., (the truth of which has not been, and 1 presume, will not be controverted,) that Thomas M’Creary went to Pennsylvania, not as a kidnapper, but for the sole purpose of capturing Rachael Parker, then supposed to be Eliza Crocus, the fugitive slave of Mrs. Dickeyhut. It is also certain that ho carried with him the authority of a power of attorney from the ownorof the alleged fugitive, or herngent, designing to act under it, in good faith. — It is likewise well known that ho captured Rachael Parker, believing her to be Eliza Crocus. Neither can it be denied that he, had good reason for so believing, not only j from the information received in the neigh- Exective Chamber. borhood, but also from the extraordinary Harrisburg , May 20, 1853. $ likeness which exists between Rachael Excellency, E. Louis Lowe, Eliza Crocus, and upon which Governor of Maryland: some of the most respectable citizens of Exce llency’3 communication of the Baltimore were prepared to swear to he \om L> mo lhat you had do . fact of identity, t rom these premises. dm , Q wa 6 rralll for tbe arrest and conclusion is irresistibly drawn, that The. I d g M>c aD(I John M’Creary is not a criminal. The pre- delivery f - tive , from tho justice sumption of malicious intent, ncc °® s “'7. of - tb j s State, came to hand by due course constitute crime, is absolutely re .^! o f ma ii An unusual pressure of othor tho fact of the case. If guilty at all, under mv , to the law, his guilt is purely technical He offic duti for P having ' So ‘ long do- Is morally innocent, beyond ‘be shadow of its receipt, n doubt The first question which arises, myea .o uc* u fa ‘ . , therefore is would it bo just for the laws I have examined with some solicitude of Pennsylvania to punish a man under and much care the reasons thus‘comma °t rennsyivauiu t- nnpition niented to mo by your Excellency, foi ? „ch M„rlr to =o4ly will. Il» requi,!. ““Tor y .h"s*s“i h horte S o n s , ii;»“!on. q ri; r a -; I ment of this State abborrence and regard the reasons assigned as sufficient; napping in the deepest 0 0 , pun . indeed I feel constrained by a high sense «? I:m 'i;;i,",’t i», p r y oroißci.l i beg to ns fore( consent to expose him t . * uro vou were tho only objects sought. — les3 I feU construined to oso y -pha ’ amicab | o ro l a tions which have date of the Federal C ' ons l ‘ ul ‘° ; ■ W existed between Maryland and Penn out entering into on argument po i S> a shou , d bo sufficient, .it sooms to point, it is sufßoient to say, that I consider | y IiOVO r Excellency from up the case of M’Creary fully within . Q9C °P I nrehe’nsions ns to the just intentions of the of that discretion, in re g a ' d .«° r , e f ' JShSSS! of-this State: There is durely which hfis always been claimed and ex - the history of Pennsylvania to cised by the Executes of he differeht notuing iu h ' r lnws or States of the Union. Not only the Gover-1 administration. Some nor’s' but the Courts also, on habeas cor- 1 the purity o. Clearfield, Pa., Jane 24, 1853. pus, have repeatedly gone behind requisi- excitement very naturally grew out of the d ctment ndo the CoU rt. If, j n the language of the Su lions, and have examined into and decided circumstances connected with this off . p Excellency has felt re- premo Court, already referred to, the net upon tho merits of the caseß themselves. | but 1 cannot conceive that it is o sue ' behind this change and in- of Congress supercedes nil State Legisla- I respectfully call your attention to „ | character as to 33 JJS £ the case, B a nd oven tion sublet, and by necessry ,m -letter addressed to me by tho Hon. James the aw, the intog i y f t J p theVeelings df the people who might plication prohibits it, how can the Excutim Campbell, late Attorney General of Penn- iby jury ; and I regret W be called upon , 0 act as jurors. of a State exercise a power expressly with sylvania, a copy of which is herewith en- y°ur Excellency shouWhayofoundtne be catted ®P J he i d bo- held from the Legislature, upon ho most closed. The iL Attorney General ex-, cessary to “m«koanyausons h the rospectiveSta.es important considerations Evenm.heor VSXSSttS!L&t!& mmrnmmmmmmmm wmm snlcrcd . ”* c used oT,^'.ll.g.uon .ta. . f.ir „i.l in (J*', &?,&£?'.» »XSZ».Se»». lately found against ('7) in by ’ a jury of this State, the sufficiency of tho requisition as to Y o rk q ßn d delivered to the Chester county, had he the power odo; uu ' hal lho hlterest fornl) assume or infer from an unauthor. ulive °I d ° 0 u f f mbea , ” y &ar rsr'Xis* £; ' -f-f kfjgs is?™. sSftSWA*vrss ££ ssa. «■ ■«-» M’Crcary was not regarded by tho coun- j lll ‘h® g |r *> '? n e ■ . carried tin rieht for tho laws of Pennsylvania to Justico Savngo decided that, sel as morally guilty, if guilty at all. , ln | J h ° m ., ‘.° y [ d C ' V violation of law, punish a man under such circumstances,” “On habeas corpus, a court or judge, be pursuanco of die arrangement entered in-, otl 1 , , sironc and and “if you should give your consent that fore whom is brought a prisoner arrested to between the counsel, a verdict ln f llV or I should be as a ' L o r . V SI ° n g nd Mary and should be exposed to as a fugitive from justice, by a warrant of the petitioner was rendered by the jury, unreasonable picjud.ee, nor hrt such a 1 ‘^ t ° p r oJc C ution.'V. The answer is from the Executive of one State on ho It is not for me to inquire how far the | state ol' feeling must be administered as it is. requisition of an Executive of another Stato of Pennsylvania might consider her- 1 the ends of jus ic ° y I, u not for an Executive officer to account Slate, ivill not inquire as to the piobabh self bound by the deliberate act of the i tal ®- . l 0 nnswer nl i cnß th! f ur ,h c consequences nor is it safe to doubt guilt of the accused. The only inquiry is counsel appoinied by your Excellency, al 1 shall not a '®™pt havo t i,e iuslico of tho law. The idea that it is whether the warrant on which he warms • the request of the Legisluturcof your Stale. I the pica o r n > ihoVm»itives mv J dutv as an Executive to foreknow ed states that tho fugitive has been demand- I mU st regard those counsel, thus appoint- been pleased to intcrposofoY the lug.vej, my . fc\ o awnit parlies ed by tho Executive of tho State from cd, as .he representatives of Pennsylvania, for 1 must deny its legitimacy on rely - the kind « l ™ l of Lcel- which he is alleged to have fled and that u authorized to net in her behalf. 1 must, One or two pom s owev , b Qr , ho Governor of any other State copy oftheipdictmentorapnflidavitcharg conscquently, assume that Pennsylvania ® ‘ o'™ ld 1 P b 'p enn8 y|vniim, is truly startling. Why Sir, to my mind no ing him with having committed treason, has admitted the moral innocence of M’- 1 hat 11 V-. ;. , . for tho B ole pur- Executive should pretend to understand felony or either, certified by the Executive Creary; because upon the opposite hypo- Parker, then ffie facts or the consequences; he should demanding him us authentic, have been thesis, I should be driven to the, conclus- P d , O bo Eliza Crocus the fugitive be content to obey the mandates of the presented. ion (which is wholly inadmissible) that n supp® e , „ Tho answer Constitution, confiding the rights and in- From this view of the question, it follows fdony hud been compounded in order that ’ h |nw , Q f Congress pre- terests of accused parties to their peersi then , that the only proper luquiry by the the freedom of Rachael Parker m.gh, t'" S a ’ m " dc of rc[ninin „ a f U gT,ive from and tho laws of the land Your view of Executive authority of a State upon which thereby he secured. It cannot bo doubted had Mr. M’Crcary rcspecied the subject, it will be reaidly seen would a requision is made, isi the strict legality lhatihe counsel, on both sides, acted from lhcrc wou , d now be no'indict- impose upon the Executive a most oner- of lhe proceedings. Your Exclloncy nmy the highest and purest motives, and that, j hi Hnd ho tnkcn the al- ous and delicate duty not contemplated by bo understood by yoursilenco to concede, being satisfied of the moral innocence of £|" Crocus before the U. S. Com- ,he act of Congress. If it be the right of the lst . That the demand of the Executive ot M’Crcary, the counsel for Pennsylvania J ' *; o C3tablish her identity, as the Executive, upon whom a requisition ts P e nnByl vaniu was m proper form 2d. considered that a prosecut.on for kidnap- (he fnct would have been do- ma do to go behind the indictment to notice j T h»t a copy of the indictment found po ping would not only be unjust to M Creary, A that the person whom he was about tho foots lor the protection of the accused, compamed the requisition, and 3d. That but might tend vory strongly to excite un- P off wa P 3 not E | jza Crocus, but it is his duty to do so. ir he has the right - the O flbnco with which the parties were pleasant feelings between two great States, [ p arker At best, therefore, it to do so in one case, he is bound to do so charged, is a crime in Pennsylvania. It which havo always thenshed, and, I sin- ... b thal Mr . M'Crenry carried off in all, a duty utterly impracticable and there hod been a doubt on your minelas to corely trust, always will continue to cher- “JJ rker in viola t ion ofthe law and never should bo attempted. Should an lhe latter point, it must be removed by the ish the warmest mutual respect and at- Kxedlcnev will certainly agree with Executive be expected to revcrse.the action j caso j ust c ,ted, where it is also held, that tachment. Here, then, by the force of the should bear the consequences, of n grand jury in the absence of all the pn o fr en ce made indictable by a statue, facts themselves, as wed ashy the admis- me,,thn nr testimony on which tho indictment against! n crimo within the meaning ofothe Federal sion of Pennsylvania, clearly implied from But this whole inquiry into tho gi »or BCC J ed may have been found? Should ; Constitution. By statue, the offence of ki.l the act of her'acknowledged legal repre- innocence of tho accused partica, is unau-1 lr i ed before arrest ?; napp i n g is made indictable in your State sentatives, lam brought to the certain con- thonzed, and, to my mind, in clear o r - j udgme nt be rendered in the ab-: a 9 we » ns in this, and the crime regarde-t elusion that Thomas M’Creary is an inno- gallon ortho letter and S pint o 't hoConsti-, J b^h jhe proscculor and accuse d? a3odioUB in both. cent man. tution an aws o case oV Mr ! The inevitable effect of your Excellency s if (t State Execulivo cannot thou, under The case of John Merritt rests upon tho 1 QgrC !'l SlfscoSE! position would be to lead to a system Urns Constitulion „„ d laws, exercise ilia same foots and is governed by the same M Crcar .y ,, 0 rea uishions which' impracticable and dangerous. If, there- rig ht 0 f inquiring into tho guilt or innocen principles. —He was hut the assistant of discretion a’nd ewreiid by Core, I were entirely satisfied of the CQ ° ofn ty charg ed with crimo, what is M’Creary; and of course should not be has always bcen and ex ® of thJ ‘ ofthe accused, 1 could not consent the re in public policy or in the character held accountable, if M’Creary be declared J ho hxccut.v of .he d f participate in the establishment o n islics of the case under consideration, to irresponsible. Union. ~?h;»h unot onlv tho Govern-! precedent so fraught with dangerous con -' BU3ta i n such a dangerous assumption oi Under these circumstances, I must de- the in which n o i only th O s P nceg t 0 ,i )0 peace of the country and r> Tho rig h, of trial by jury, the cline to comply with the requisition of your ors but the cour \ a L na ifi,i 0 n and'lhe ends or justice, as to acquiesce in the cd and time-honored of human Excellency. b h ,„d .““J ■■ ht 0 f an Executive to go behind the in-: institution 3 ia juslly rcgnrded Q 3 , he gren, I have the honor to be, with the highest have examined into d^' ded “P 0 . * " di ctment of a jury, and a requisition m ; safe ard o f oUr liberty and prosperity respect, your obedient servant, merits of the cases themselv . , form t 0 decide the merits ol the A , her mode 0 f establishing our rights 1 E. LOUIS LOWE. am.nat.on, so far Irorr.bringing me.to a.r iu dicially must be regarded as a usurpation concurrence in your x^..^c^ h a h ’ i provisions of the Constitution must 1 0 f power and dungerous to the integrity ol h “ c r tz irdSuKr tuns 1 b „.««■«. .r. .™.. y j n« ,»i ; . S,a”,°e, K b.lwe.n So.ereig, „ b» .ried by .jury oT.bo v«nn«g. »h» . lice of tho Governors St the re.pecli.o dent Stole., ood oto not only positive nnd cn mtnol sccusolion is a duly' •> «« States to warrent an Executive in going ; mandatory in their requirements but con- j as a nghr. As already intimated it ll) behind a correct record, to decide upon tain a manifest intimation as to the juris- poW er to go behind the record to examine the facts Every suggestion which • you | diction of the offence charged. If it had lhe facts, exist ... a particular sense. ..can have made m tho accused, con-1 been intended to vest the slighest d.scre- be exercised in a gpnera l one. If joui stilutes subieci matter for tho consideration! tionary power in the authority ofthe State Excellency has the rig i o P as P o a Pennsylvama jury when trying the to which the person charged may have guilt o M Creary and Me. nr. m orfer to .■ n or innocence and should I fled beyond the right to know that the of- avoid the hazard of an unfair and preju 2ot apprehend, have attracted the notice' fence charged is a crime in the State where diced trial in Pen " s - V . V o a,, ‘ a x ;kreiso of thi □f the Executive of Maryland, when en- committed, then tho mandate, that he or would you assign to ,ho CrC "° qu into the forms of the requisition. she be removed to tho State having juris- powC r? Where 8 >. all * h ® d “ “-® f quirtn n diction would be superfluous. If tho right ecutive end and thoso of tho jury corn The Constitution of the United States, d o vouf E P cellency exiBtB for the mfin ce? Let it be the ordinary caso of u provides “that a person chnr SP d .“" y DUrDo3eg of protection—evt-n as to a cili- fugitive from justice, whitout,tho claims ot State with treason, felony, or o < und ,^ en P oftho State to which ho has fled, it citizenship, and no distinction in principal who shall flee from justice and be found «n ■ aU the pur- cprf&rawn. what protection could the in another State shall on demand ol tho f . - i and pun i s hment; a princi- accused have, iftho principle contended fr.i Executive authority’of theStato frontiwhic P Q cnt [ re i y rcpug nant to iho well settled bo tho true ono ?If the right exists nt all. he fled, bo delivered up to bo removed P y criminal law, the jurisdiction it exists for the purposes of trial—and thi the State having jurisdiction ol thexrirao. pp y innocence of the accused inevitable consequences would be, that the The law of Congress declenrs “lhat when- as . to t“ e , - vel in tho courtB 0 f accusc d might ho twice tried and jeopard ever the Executive authority or any State J‘ n |J Q S o , aco W J O lho offence was disregard of lho law, but might, in prae moreover, produco a copy of tho inuct- Con Q re • mn ; n ininpd lice he utterly destructive to the rights o! ment found, or an affidavit made before a This point the accused, letter of the Const.tu magistrate of any such State or Territory, by the Supreme Court.>’tho United States. givefl nQ , ntitudeto Execu charging the person bo demanded with Under this view o - » y tivodiscression and if not a necessary result having committed treason, felony or other the highest tribunal *1 w BxcSnoncy from its spirit dr the policy of tho law, crime, certified as authentic by the Gov- position contended foib> your uwwoldu ‘ ld fo„ ow that the duty ofnn E«c ernor or Chief Magistrate of tho State or derives no strength fom n supposed^ t b p , ain onQt [f Batisfie d that the Territory from whence the persons so fogy to the proceedings comn)it . form required by tho Constitution and la w. charged fled, it shall ho the duty ofthe habeas corpusortho duties ofCong H rass have been complied with, lint Executive authority ol any Stato or Torn- U ng magistrate. ln ( , PP tatute t |, o offence charged is a crimo where com tory to cause him or her to be arrested and the proecoclmg is regutat t mit , ed) thei - 0 C(U f b c no other determination secured nnd delivered to the Executive nu- of tho respective State , y deliver tip tho nlleged fugitive tliority making the demand, or liis agent.” practice ofthe nnd d J en . f ro( n justice to the authority lawfully AL In what feature of this plain nnd man- any caso^ , pp y . j nw ca nnot inter- mnnding him. • n .. . dufory law is found the right to go behind lion, u ? der . tl ' ounl aut horitv of the Tho administration of the pens itutiori lhe record and try the case ? The injunc- fore with JoF—f “™ ly 01 ™ nn(] thp law 9 'providing for lho rendition ot tion to deliver the fugitive under the pro- Co "^ utl “" ,hat your Excel, fugitives from justice Ins been confined to scribed forms of the requisition is positive. ® un ?‘ n S’-. mn r. ed with tho requisition, tho Executive authority of the States and If it had been contemplated that tho Gov- i en ® y . P t 0 d delivery of the ac- in the absence of a revisory tribunal spine t“sr-Tr"' *? sis nr 5 Eft jg teasfwsßii!*- as f |o« ; b. s * do » month., 400 I do , k .S ltS „do If month., 1 ot> Ido do li month. W g a do |.month., 400 1 column B month.. .gig do 5 month., 600 I do B do “VJ do 19 month., BDO l do IS do >w w A llboitdrodooiloo willbo m&do toMoiohant. oed othft. whoaJvenUe bythoyenr. , .. „ 4l i hl Oor ptspprolrcolate* to a very »o!*hborbocu»aOdUieau wf neatly every tarally In the cooniy—ard therefor® M r ,0 «n» ODnvonlentand ©heap ipeqni Tor the bnilueie men.oi on* * connty—the merchant. raouht*nic,anri aMo‘bcl»*|o the knowletlfe ol their lenation ftnd l>uijne«> W« enonia liko to iniort*’A Until” lor ©very Mecli&nia, filcrchint,end Profcnlonal man 10 theoouoiy. \Ve hnvo j.ienty ©f room withootouGrottcbinjopoa ourreaalnf colornni.ana no map R a legitimate boilnen will lore by advertising exteiiilfeiy-* for nifl*eneralrale, the mor«etlennv«!y a rnnAlilvfilliH tbe’fffente/ willbehUproliii. Books, Jobs and Blanks, OP KVERV DESCRIPTION. rRINTEDjIN/TUE VERV REST STYLE. AND ON TUB BHQRTEST NOTICE. AT THE OFFICE OF THE ••CLBARFXBLD REPUBLICAN.” Number g 4.