The Democratic pioneer. [volume] (Upper Sandusky, Ohio) 1845-1853, 1845-12-05

j.
TO violence and invasion of the rights OF
citizens Of our State, was calculated 10
produce much excitement, and endanger
the peace and harmony OF the two States
Pains were ia ken TO allay the excitement,
and preven. any further disturbance of the
peace, on the ground that the transrction,
although an outrage upon the rights of cit
zens, and upon the civi ] authority OF this
State, was the ac. of la wless individuals,
without the sanction of the State of Vir-
ginia, and that ample redress could be OBJ.
tanned by peaceful resort to judicial pro-
ceedings. Accordingly the case was pre-
sented to the Grand Jury of Washington
county, at the Sep tember term of the
Court, and indictments regularly return
ed against the offenders. A special agent
was despatched to Richmond, with re-
QUESTION made in due form, on the Gov
ernor of Viiginian, for their surrender as
fugi gitives from the justice of Ohio: and, ]
regret TO say that, after some weeks delay,
the Governor Of Virginia deemed il proper
on his part to refuse the order for the ar>
roceedings under the reqalsitloD can be
more mIiy seen bY reference 10 CORES.
pondence on file in the Executive Office.
Any thing calculated to eDdanger the
harmony and friendly Intercourse of adJa-
cent and confed crate states Of our nation
al Union, is deeply to be lamented; and
this occurrence assumed special impor-
tance, from the fact that the relations out
of which [ arose, are likely TO occasion
similar outrages in future. Where free
and slave states are contiguous, it is na>
tural for the slave 10 make efforts to es-
cane, and for the slave>holler to suspect
the inhabitants of the free states, Of aiding
in the transit of the fugitives. If, howe
er, citizens of the free states should actu-
ally violate the rights of any of the citi'
zens of the sister states, the laws of the
country give ample redress, without re
storing to violence.
| In the present case, question OF juris :
diction has beeu raised. The citizens OF
Ohio who have been captured, were on the
bank, on the north west side of the Ohio
river, and the authorities of Virginia have
set up claim Of ofjursdcton over the soil
where the capture occurred. 1t was suppos
ed that the decision Of the Supreme Court
Of the United States, made in 1920, had
definitely and finally settled this questi ion
of boundary. Ordinarily, where river is
the boundary between states each holds to
the middle OF the stream; but Virginia,
having been the original proprietor, ceded
the territory north west Of the Ohio only,
and therefore claims Jurisdiction over the
river. II becomes important that some
fixed and certain line be known as the
boundery; and this the decision of the SUI
preme judicial tribunal Of the country has
distinctly defined, under the construction
of the ori ynal cession of 1888, to be al low
water mark on this side OF the river.
II never could have been designed that
narrow strip of land on the beach of be
river, should belong TO the state on the op
posite shore, The principle, that country
bounded by the shore Oft RIVER extends to
low water mark, is so natural and conyen.
lent, IS 20 have secured general adoption,
The claim of jurisdiction for Virginia,
however, here set up, extends, as it seems,
not only over the river, but also on the
bank on this side.
The decision of the court referred to, goes
further, and recognizes the right acquired
by the compact with Virginia, under which
Kentucky became a state, which stipulates
that the navig CATION of, and Jurisdiction
over, the river, should be concurrent be
tween the new states and the state which
possessed the opposite shore Of said river.
This compact having been ratified, became
binding upon Virginia, as well as the other
states bordering upon the river.
1t would seem, therefore, that no doubt
can exist that the captured ciizens were
kidnapped and violently abducted from the
jurisdiction of Ohio, and that due regard
for the honor of the state, as well as Justice
to the injured citizens, demands reparation
for the wrong.
Should the Executive Of Virg ina persist
in his relus Al to surrender the aggressors,
the state will assume tue responsibility of
the outrage perpetrated by those lawless |
persons upon the rights and jurisdiction ofI
Ono; and if this outrage be submitted to
on the part of Ohio, it may be made pre-.
cedent for future insult and wroug-In the
meantime, | respectfully submit TO your
the propriety of adopting
effective measures TO pervent a similar
invasion of the rights of the citizens Of |
Ohio.
l deem it my duty again to call your at