History of the Church of Jesus Christ of Latter-day Saints, Volume 5Smith, Joseph, Jr.
History
History of the Church of Jesus Christ of Latter-day Saints, Volume 5
Smith, Joseph, Jr.
Church of Jesus Christ of Latter-day Saints; Smith, Joseph, Jr., 1805-1844
The American colonists regard the exercise of this power as an
act of revolting tyranny, and assigned it in the Declaration of
Independence as one of the prominent causes that impelled them to
a separation from the British Empire. A power which may be thus
oppressively used should be resorted to with the greatest caution.
When its exercise is invoked, it is not sufficient that the case
may apparently come within the letter of the Constitution. It is
the duty of the Executive before yielding a blind obedience to the
letter of the law, to see that the case comes within the spirit and
meaning of the Constitution.
It may be pleasing as well as instructive to look into the
proceedings of the executive of our sister state, and witness that,
by faithfully administering the law in relation to the delivering
up of fugitives from justice, according to its spirit and meaning,
they have saved at least two of the citizens of Illinois from
becoming victims to its abuse. In the year 1839, the governor of
the state of New York was presented with the copy of an indictment
by a grand jury in the city of New York against John and Nathan
Aldrich, for fraud in obtaining goods by false pretenses, and was
requested to make a requisition upon the governor of Illinois to
surrender them up as fugitives from justice.
Now, here was a case which came exactly within the letter of
the law of Congress in relation to fugitives from justice. An
indictment _had been found_ charging them with having _committed a
crime_. But did the governor of New York make the "requisition?"
No; he referred the application to the Hon. John C. Spencer, now
Secretary of War, and one of the most enlightened lawyers of the
age.
_Extract of Mr. Spencer's Opinion upon the Case_.
Public-domain text, read in full here on John Shaqi.
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