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Journal and Correspondence of the Council of Maryland, 1781-1784
Volume 48, Page 553   View pdf image (33K)
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Council of Maryland, 1783-1784. 553


against the Demand of the Offended State within whose Limits and
Jurisdiction the Offence was committed then it lies in the Power of
this State and any other to defeat when it pleases the whole Object
and Policy of the Confederation: there needs only a general Law
comprehending all Offences done in a Neighbouring State and mak-
ing them cognizable here. But Surely nothing could have a more
pernicious Tendancy than a Doctrine of this nature : and nothing
could be more compleatly calculated to create Contention Jealousy
and Animosities between the States : for the State within whose Lim-
its the Offence was committed would never suffer it's Jurisdiction to
be ousted by such a Political Manuevre.
When I requested your Honors to have Mr Carbury arrested and
conveyed to the Limits of this State there to be delivered up I did
not mean to Affirm that the Power to deliver up lay with you : I only
meant to obtain the Assistance of your Officers in conveying him to
the Limits : When there I should have ordered him to be delivered up.
Upon the whole it is my Opinion that when Mr Carbury was
charged before the Judges with Offences done in Pennsylvania within
the description of Offences stated and defined by the Confederation,
they ought to have issued their Warrant for his Arrest, and on that

November
11
Liber No. 78
p. 467

Arrest to have committed him without Bail : When they had thus
Arrested and committed him they should have communicated their
Proceedings to the Governor to be forwarded by him to the Execu-
tive of Pennsylvania : if no Demand had been made within a reason-
able time it would have then been their Duty on Application to have
granted a Habeas Corpus and discharged Mr Carbury from that
arrest and Commitment. The Affair then might have been taken
up as an Offence under our Treason Act and the Proceeding con-
ducted according to the Laws Constitution and Government of the
State.
Having this misfortune to differ so widely you You on this Sub-
ject, it becomes my Duty to lay the Affair before the General Assem-
bly for their Consideration and order.
With every Sentiment of Regard & Respect
I am &ca

p. 468



 
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Journal and Correspondence of the Council of Maryland, 1781-1784
Volume 48, Page 553   View pdf image (33K)
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