The Norton Case. rrme——n oF COVERNOR PATTISON AND CLERYRLAND, LETTERS Below wo give a full account of the célebrated Norton case together with the letters which have passed betwe n Govs. Clev: land and Pattison, and the opinion of Judge Krebs of Clenfi ld The ease is of preuliar interest ar ivhe- came an inter-Siute question, ard one that has excited considerable eom ent It will be of interest to our lawyers and reader publish it full us the Harrisburg Patriot, Bellefonte, Attorneys Bsqand Col, D. I. Norton's Attorney's among the legal fraternity. generally we in reported in Two J. I Ha:tings and conducted the termination, And of our Spangler, were case to a sucessful the opinion which entirely exhausted the question is ty Judge Krebs of Clearfield county While we do wo other son of old Centre, not intend flattering our legal friends we congratulate them on their succe It may now be classed with the Cus celebres! of our State In & communicaion to Governor | fold ¢ ty gives the following tnieresti | Pattison Judge Kreb: olf lear un, of the Norton case. | referred to, that if ¢ | ideas of justice 1 Patrick W. Norton hecame a natural ized citizen of the United States on or 1864, of Jorsey, and subsequent about the year in the stare New for a period of seven years, thereat rosided aod having his domieil in the city of New York, and agsin having his domi- | cil in the county of Cattaraugus, in the | state of New York 1st | ist of until about the of June, 1883. Oa or about the June 1883. he and James Wals, a broth. er-in-law, came to the state of Pennsyl- | vania and took a centract of grading a | portion of the Beech Creek, Clearfield railrosd, then in and Southwestern course of construction in the counties | of Clinton and Centre, in said state, and subsequently took another contract for grading three miles of the same road & who were contractors under General Magee, who had the general contract for the building of ssid railroad. These last three miles between the tewas of Bigler from George Thompson Co., and Woodland, in the county of Clear- | On the 24th day of September, 1584, in company with field, Pennsylvania. Walsh, his associate in said contract he met Henry A. Ellsworth and Henry H. Kelsey, who were members of the | firm of Thompson & Ce, at Bigler, and | then received from Thompson & Co, the sum of $6.361.01 in currency and a check for $1,000 which they allege they wanted, in order to pay that amount to | the firm of R. B. Wizten & with whom they had been dealing. On the same day Walsh and Norton left the country going in different directions, and without paying the amounts then | due and owing to the leborers in their Co., employ,which amount their own six thousand dollars. On the day of Octo- ber, 18584, information was made before a justice of the peace in and for the county of Clearfield, Pa., against said | Walsh and Norton, charging them with the crimes of larceny, zglement and conspiracy according te declaration exceeded embez to de- fraud their creditors. On the day of October, 1834, an application was made in behalf of the prosecution to Gover- nor Pattison, of the state of Pennsyl- yania, for a requisition to the governor of the state of New York, for the extradition and return of Norton and Walsh as fugitives from | .ustice to jurisdiction of the court of to be directed Clearfied county. This application was read and the requisition was refused. On the———day of October, A. D. 1854, an information was made defore a mag: istrate of the county of Cattaraugus, in | the state of New York, upon which | Norton was arrested, but he escaped | from the officers and fled to Et. Catha. rine, in the province of Canada, where he registered under the name of Wil- liam Jones. On the——day of October 1884, one Denis O'Connel telegraphed to Norton at St, Catharine ia the name of Mrs. Norton that she was dangerous- ly sick and asking him to come home at once, When he arrived at Buffalo, in the state of New York, he was ar- rested by ("Connel on an alleged war- rant issued by a magistrate of the city of Olean, in the county of Cataraugus, but was taken by O'Connell against his will and without his consent to the city of Erie, in the state of Pennsylvania where he was delivered to an officer and by him taken before D. Connelly, Esq, a committing magistrate in and for the county of Clearfield, and in de- fault of bail committed to the county jail. On the 21st day of November, 18584, a writ of habeas corpus was sued out and a hearing had before the judge | state from whic | kidnapped, see p | supplement | visers, the following communication | the president judge of | WEALTH | excellency | “Had the prisoner's release been de- of the court of common pleas of the county of Clearfield and after a hearing had in which it was overruled on the ground that a fugitive from justice can- pot on his own demand be set free be- cause he was arrested in an illegal man- ner and because the governor of New York did not demaad his release. He was remanded to the custody of the | sheriff of the county in default of bail | to answer to charge of conspiring to sheat and defraud his creditors, On ‘he Sth day of December, 1884, the mat rar was laid 1 efore his ex elle.c the the governor of New York on the peti: tion of Norton who on the ninth day of December 1884, addressed the fol-| lowing commuuieation to his excellens | ey the governor of Pennsylvania. State or NEw YORK, Exzcurive Cuasoer Dec. 9th, 1881, | His excellency Robert E. Pattison, gover-\ nor of the state of Pennsylvania—Sik: A state of facts has been presented to me this diy which is fully set out in the documents herewith submit ed number ed 1 aud 2, respectively, | send them to you because in a similar case rep ori- ed in the 6th, Harri<burg, Pa. stats roe | port, Dow's case p 39 the court Had the prisoners release been demand | ed by the execative of would bave been bund to set him al large and for the further res<on, that | the judge before whom the ha! | pus were instituted in beh df of Norton | | Bays | P Michigan we LA Con the prisoner who mekes the enclosed | petition to me seeing 10 have pla ed his refusal to release him largely apon the ground that no demand has been made of was Oulrageously 33 of No {no calling vour attention to the pa itted | des to 1! tor such release bv the executive the } i ne do ‘ment 2) per herewith hh the opinions them Wi based upon the reques ul bes! mmsistent with Me, and executive LOWer vou cause the release of the prisoner, Yours very respectiully, GROVER CLEVELAND of D.cember, belore Oa the 22d full a Pennsylvana and hs legal ad- day 1884, alter rgument the gover nor of to the courts ol Clearfield county : Derartuext, Common Pexsxsyivasia. Orrice op Harrissure, Doo, 22 Dawid L Krel . Press Fxrcurive OR (JOYERNOR To the Hon THE 1854. | dent Judge of the Farty nrth Judicial Dhs- trict : from nis Grover Cleveland, governor of the state of New York, bearing date of the 9th inst., has been reccived by me requesting the release of one Pa- rick W. Norton, a prisoner, now confin- Sig—A communication | ed in the jail of the county of Clearfield, in this commonwealth, [ submit here | with a copy of thesame to you together | with the papers which accompanied it | disclosing the grouods upon which the | request was based. There is no material | dispute sbout the parts of the cae. Patrick W_ Norton, « citizen of the state of New York, temporarily sojourning | in Canadas, was decoyed into ihe state of | New York by means of a false and | | forged telegram and there arrested ona warrant sued out in said state, whieh | directed him to be taken before s mag istrate in Cattaraugus county, in said state. He was not taken before any | other magistrate upon that warrant but was carried forcibly and agains. his wili into this commonwealth where another warrant sued out in this commonwealth was served upon him under which he is now detained in the county of Clear field, These illegal proceedings ‘were | had with full knowledge on the part of the instigators of and participants in the arrest ; that they were illegal be- cause prior thereto s requisition upon his excellency, the governor of the state of New York, for the arrest snd deliv- ery of Patrick W. Norton, had been ap plied for to me, and by me refused, No warrant had been granted by anybody to anybody to convey him from the state of New York into the Common wealth of Peansylvania, and Patrick W. Norton, who was the only person who could waive the forms of law for this purpose, not only refused to do so but protested against and vigorously resisted the attempt to convey him out of the state of New York. His excellency, the governor of the state of New York, has justly charac terized it as a case of outrageous kid- napping. There is no power vested in me as the governor of the common wealth to order the discharge of this prisoner, and I do not apprehend that his excellency the Governor of the state of New York so thought, He has sim- ply chosen the executive department of the commonwealth the channel through which to communicate with the court of the district in which the yrisoner is detained. In Davis ease, Hth {arris, 19, Chief Justice Gibson said as manded by the executive of Michigan | we would have been bound to set him at large,” there asserting the authority of the judiciary to act in such a case as | well as the fact that the demand of the executive would have been sufficient to cause the prisoner's discharge. Atthe hearing before you looking to the dis- charge of this prisoner had before the receipt by me of the communication trom the governor of the state of New York, you doubtless having this case in mind, remarked : “There is no offer to show that the Governor of New York is here demanding the custody of one of his citizens, and in the absence of that we think we hold him." The governor of he state of New York now makes the request for the release of Patrick Norton. The power lies with you to right the wrong done to the state of New York in depriving one of its citizens of his liberty without due process of law. | do therefore most respactfully and earnestly request that you cause the re- lease of the prisoner, Patrick W, Nor. ton. Yours very respectfully, Rosser E, Parrisox, Upon receipt of this communication from the governor of Pennsylvania ae- companied with a copy of that from the governor of New York addressed to the governor of Pennsylvrnia, it wa or. dered that a writ of Aabeas corpus should issue in the name of the Commonwealth ox-Relatio Norton versus R. N. Shaw, high sheriff, Clearfield county, Pa, re- quiring him to produce the body of the said Norton before the court on the 31st of December, 1884, in order that the | bis creditors, {lation | A a demand of the governor of New York for the release of Norton might be in- vestigated, to wit : Tue citizenship and the illegal arrest or kidnapping, ss it was denominsted. At this hearing the proof established the facts upon these two questions as hereinbefore stated, and also that on the 0th day of Decem- ber, 1884, the grand jury of the county had bill of indiciment against Norton for conspiring to cheat Upon the return of this writ [twas eontended that the prisoner shou'd be di<charged, because his arrest rerurned a was an indignity to the sovereigoly of the state of New York, and that under the comity which ought to exist be tween soverign states this wrong should we repaired by his discharge, Oa the part of the prosecution it woo contended that io the absence of lege i rich the right to demand Norton's re. | by the fede rid government, in 4 wi lomse was given 10 the exe utive of the Now York.tha right tod smoand | a Ate Of Lim did pot exist, And that no comity | b ® wereignling tween the states or independent existed which required | tha release of one under indictment lor 1 A ViOl i tion of the laws of the sinte or | Mion ] i { signty by which he was held upon | de } ila We oils determinstion of ove the the st chief executive of | i he had | mat of the reignty from whi been sbhduet Fhe questions involved tha this cnee are new, [hey are so important in their results | as Lo require the best consideration that we can give them, It 1s with f of Lhe that no dere to magnily the power courts of this district that we say the power (0 release the prisoner, Pat- and sed him at large rick W. Norton, ‘ od cons itution of Pennsylvania the judici- s wholly ve therein Under the ary are a co-ordiuae braneh of the gov ernment with the exsculive, and 1a | the sphere of its duties independent of the execulve, Charged with the performance of specific duties relating to the admin 1 t tration of the law, and as affecting the lives, liberty and prosperity of the citi- zens of the commonwealth, it may not be interferred with by the executive de- partment exeept by the use of the par- doning power vested in him, to releive | the person from the penalties imap wed by the judgment and decrees of the courts, thus vested the within their respeetive Aud the power state in courts, teritorial limits, is independent of the judicial power of the courts of the Fed eral Government, except as to the de. termination of questions arising imme diately under the laws and exercise of the United States, il. the 111 authorities and officers of Robb ve. Connally Ss. reports p. 6 At The question before us is not extradition under that part ol ay of the United States, which provide section 2 constitution of that “a person charged in any state with tre felony or other crime, who from justice and be found for whil ' state, ete,” doubted that the pris onan per w tive from justice, having fled | sylvania to New York, it is not the gov ernor of Pennsylvania that ask wr his be of 4 return, so that he may for » violation of the law Pennsylvania but it is the government of t wylun state that demands his release Fhe juestion is therefore one of nt q tween the state of New York the gn state is independent of every other in and state of Pennsylvania, Every sover¢ the exercise of its iadicial power, and one of the purposes of this judicial power the municipal laws of the state by whom is to punish all offences against soever committed within its territory: | This independence and sovereignty of the states exists as truly as does the independence and sovereignty of the United States from that foreign state or sovereignty, subject only to the of a powers expressly conferred by the states upon the general government. It fol lows from this that there is no rightful authority or power on the part of the | state to invade the territory of another tate for any purpose whatsoever except | it be given by the constitution of the United States, and the power to extrad- ite fugitives from justice from one state to another is expressly given by the 4th | article, section 2. constitution of the United States and the mode regulated by the act of congress of the 12th of February, 1703. But the facts in this onse show that the prisoner was nels brought within our jurisdiction in pur suance of the mode regulated by law, That the manner of his arrest and the means employed to bring him out of the state of New York sod within the state of Pennsylvania constitutes the crime of kidnapping at common law will not be denied, and that it was in expross violation of the statues of New York punishing the crime of kidnap- ping—vide penal code R, B. of New York, scotion 211 will not be disputed. Tht it would be so held and construct, ed by the courts of that state under the statute can not be doubted since the decision of the case of Hadden ve. The two questions of fact involved in the i» Bl sly i 5 pr X ¥ . People. 35 N. Y., Reports, 373. . If the Ed | demanded by the executive of | alleged in thal ease any law ed « { United States and the | for his arrest and return, power to surrender the prisoner was vested in the executive of the state, std he refused to deliver him, no iegal power exists anywhere to compel him to do so, even if he were a fugitive from justice, Commonwealth Kentucky ve. Dennison, 24 Howard (W. B. R.), 66. And the same we claim is true if we should refuse to releare the prison: er upon the demand of the exeoutive department of the stato of Naw York. No power but that of force and war would compel his release. This, there- fore brings us to the full importance of the question, 8hall this prisoner, who stands indicted for a violation of the law within our jurisdiction, be set at large only from considerations of util- ity and mutal convenience of the state of New York comilale al and Pennsylvania-—er We precedent, reciprocum wlilitem. are mot wholly without how- 39 greater | i lived, | over, Chixf judge In Davis Oth Harris (iibson, CHBe, Justice “ than whom never said: “Had the prisoner's release been Michi- gan we would bave been b mod toset | him at large.” It was shown | of Indeed the not nor Michi- | it may y ( gan had been violated be on question whether prisoner, Dow, was within the territorial jurisdic tion of the taken, state of when Michigan dat in this case the statutes of | the state of New York have been viola- ted aside from the inv ber be eourt sitting to sdminister asion of ter- then that nd close ile ritory. Shall it said n i vindi- | shall the esate the law in this case of brought aves to the violation law by which the prisoner is within | arisdiction? That the end to be ac complished justifies the means employ wapot and ought not to become a | maxim of To deny ¢ of this encoOBrage legal jurisprudence this demand for the release the would be of prisor or £4) violation that comity which does now and ought always to exist between It would be in our judgement a precedent { | adjoining states in this government ull of evil consequences to the cilizen in bis right to be secure in his liberty. Wheu one violates the law and flees | from justice, the constitution of the act of Congress thereunder sfford a complete remedy | That sionally the remedy may be too slow and the guilty escape cannot avail in this case and overcome what to us, up on careful consideration, seems a plain duty. And therefore it is now, this | Ind day of Janusry, A. D. 1885, ad- udged, ordered and decreed, that R. M. Shaw, high sheriff and keeper of the OCCRS | county jail, shall set atlarge and release from further detention Patrick W, Nor ton, in custcdy Davio L. Knens, President Judge Forty sixth Judicial Visirct row —— A Lady's Perfect Companion book become a 1, OUr new may £ any pay what eat and ed tOENANCY ed by averomne, mis and JEGIST RS NOTICE Clement Pale PD RARNCT f Dar townehip de nt Cathoart A s Ettore at ph W. Marshall 41 1 of & conse The of Ans f Jone Execu? inte of Beamer township & 51) Ae fA W f Samus! Grape, inte The we nt of Peter Barefoot, Administrator of Sums Lea late of Potter township, decens ant Wird Executor of Ae f { Penn towaship, deceased ath of & oj Tih. The first and pa Hal ac ris Guardian of A. Mand children of 8. L. Barr, late of deceased Sth. The sccount of George Korman Guardian Blanch L. Korman, a minor child of Asron Korsse Joconsed. As filed by DW, Garbrick and 8 M. Long, Exscutors of George Korman, deceased "th. The ace eust of John P. Har Katurah Barr, minor Bellefonte Berough, f ant of George Korman, Guardian of | Julian Frasier, a minor child of Jo wathan Frasier } foc 'd as fled by DW. Garbrick a scutors of George Korman, Iale Inconped | 10th. The occonnt of George Korman, Guardian of Sarah B. Jamison; a minor child of Mary KE. Jamison, deceased, as find by DD, W_ Garbrick and & M long i 48 M. Long, Ex of Gregg tewmbip | Bascutors of George Korman, deceased 11th. The scoount of George Kormon, Guardian of Alfred T. Korman, a minor child of Asron Korman, tate of Walker township, deceased, ne fed by DW Gartrick and & M. Long, Kxeentots of &e. of George Korman deceased ! 12th. The account of M. L. Rishel Administrator | of Ac. of Michael Schalie, late of Gregg Sowaship, | doc oaned, 19th. The secount of Jaa, F, Weaver, Truster, to | soll the Real Betate of John Shope, late of Swihed township deceased | ih. The scoonnt of James A. Keller, Adminietrs. tor of Re, of Andrew Keller, late of Potter township deconned 15h. The second and final scoonnt of Peter Roy, and Benjamin Roush Trustes to sell Real Hetate in | partition, of Jaool Hoy, late of Marton township, do ] cased | 16th. The second and final scoount of Peter Hoy | and Benjamin Roush, Administrator of Ae of Jacob | Het. Inte ot Marion townahip, ’ ! 17th, The sovount of Adam NH OC, Dale, Jr, Kasoutors of he, of John Rockey, inte of Spring tows ship, decansod, 15th, The sooount of Samos! M, MeMurtrie, Ad. ministrator of do. of Ann Kliea MoMurtris, Inte of ho + township, decased, IMA. The account of Andrew Brocgerholl, Admin. he. of Felix Mullen, inte of 20th, The thi and Adam Hox, Admi dacosnrd. JA rset Ths Te: Jone ial a Wale Tata of Buitvivnts Borough \ Adam Hoy gh decensed ae Aled by Zit. 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