The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1845-12-20

beyondmy campr ehension; and the delay incident
to this tolrse. would Afford opportunity to the
persons whose arrest is sought to make their escape
an event.I doubt aot, ,whichyo Exceency would
much regret
But the provis:ns.s Of the law Of Virginia, which
you furnish aud give ., the ground on which you
base ypur refusal to issue warrant, not appli-
cable to the case. BY the provision of that law :.
the exemption from arrest, upon the reqnsition of
the Executive of another State, is confined to
persons under prosecution for IT. asOn. felony or
othT crime, Giiedged to hare ben committed in
Virginia. and to persons in custody upon any.rc-
eufion. or upon any writ or process" You do not
claim that the persons, whose arrest | have demsn-
dest, ave F" in custody" upon any process. To be
IN custody, the person OF an individual must be in
the Keeping. and under confinement by, All officer
entrusted with some legal process, authorizing the
imprisonment.
According 10 no rational or legitimate consuuc-
tion of a law, can person under mere summons
or subpGna, to appear in as witness, be re-
gaIded as g. in custody" This law, therefore,
does not appear, to me, to be applicable to the
case, inasmuch as, from your own statement, these
persons are only under mere process OF sub.
p9na, as a witness, and not " " custody" upon
any process, or under any criminal prosecution in
pIginia
The requsition which have made upon you for
the arrest Of the persons named was made in strict
of the 18th February, 1893, aud under the authori-
ty Of the second clause OF the second section of the
fourth article Of the Constitution of the United
States, whCh i, in the words following, to wit: ga
person changed, in any State, with treason felony,
or other crime, who shall flee from justice, and
be found in another State, shall, on demand OF the
Executive authority Of the State from which he
fed, be delivered to be removed to the State hav-
ing jurisdiction of the crime"
Thsprovison of the Constitution is imperative
.On demand" the fugitive from justice shall be
girenh up. The Constitution is subject to no quail
itication or condition, and is paramount to any
mere act, passed by the Legislature of any one Of
the States.
II appears evident to me, that good faith towards
the national compact, requires the faithful obser-
vance of, and strict obedience to, the high inunc
tions of the Constitution Of the United States II
the Legislature of one Of the States has the power
to pass a law annexing conditions or qualifications
to an imperative provision of the Constitution of
the United States; or if the chief executive mags
trate from considerations Of local expedency, has
the power TO evade compliance with the imperi-
uus njunctions of that Constitution then, that sa-
csed chart of our national liberty will be a mere
rope of sand, and cease longer to be any iotecon
to the respective rights of the States of the Union.
The law OF Congress, of the 18th February.
1888, points out the mode of making the demand
for the surrender Of fugitives from justice Under
this law, il is provided, that whenever the execu-
tive authority OF State IN the Union, shall de-
mand any person fugitive from justice, and pro-
duce copy of all indictment, or an affidavit, made
before magistrate, preferring the charge, &C., "H
shall be the dtiy Of the executive authority OF the
State to winch such person shall have fled, TO cause
him or her to be arrested and delivered over. SC.
Neither the Constitution OF the United States,
nor this law Of Congress. will admit OF The con-
suucton that the surrender Of fugitive from JUS
.,a~ k,. t..A,N 90 ha r.
render Is not to be made, in case the fugitive Is un-
der the mere process Of subpoena, to appear IN
case as witness in court
The paramount objects Of our national union, anc
the preservation OF the friendly relations the peace
and harmony Of the several States, are certainly
not to yield. or be made secondary to mere suit |
pending in local court If such construction |
should be given to this provision of the Constitu-
ton, it would render II almost Utility; and when
ever all offender should learn, that a requsiton
was about to be made for his surrender and punish
ment, for criminal depreciation, perpetrated upon
the person and property of adjacent State, all
be would have to do, would be to get some ut his
friends accomplices. TO serve upon him pro-
cess to appear, as ,ciiness, in some proceeding
pending in local court, and thus defeat the Pur-
poses Of justice.
In the case now under consideration, IN carry
ing out the provisions of the international law and
thereby preserving the friendly relations between |
the States there is no occasion, as apprehend,to
interfere with the proceedings, which you mentcn,
in the criminal court Of Virginia The persons
whose arrest and surrender is demanded can, by |
means of giving bail for their appearance, to an
swer to the criminal charge in Ohio, be used as
witnesses in the court of Virginia, and the fact of
their testimony being necessary, for the purposes
of JUSTICE (ifsuch be the case) in criminal court
of Virginia, would be just cause for continuing
the trial in Ohio, until the proceedings in Virginia
be disposed Of A friendly and amcable disposi-
tlon on the part Of the authorities OF each State
would certainly enable US to subserve in the most
ample manner, all the purposes OF justice, without
doing ioence to the prov isicns OF our lnterna-
tional law.
During the peri cd at which the difficulties allu-
ded to, have existed, between some of the citizens
Of Ohio, and some of those of Virginia. the public
authorities in Ohio, have taken special care, and
that too with success, to maintain an amicable and
correct course on the part OF the citizens of Ohio.
Our citizens have been assured that they would find
ample Justice in the judicial tribunals of Virginia,
and speedy redress Of their wrongs. The act per-
petrated by the citizens of Virginia, whose arrest
and surrender is demanded, a high-handed
outrage calculated to lead great popular excite
mcut II appears from the testimony received at
this Office, that the design Of the negroes to leave
their masters and cross the Ohio river at the very
time they did, was known in the neighborhood
where the slaves resided for several days previous,
and this information was communicated to the cit
izens on the Ohio shore by the Virgnians, for the
purpose OF exciting their curiosity; else, why did
they not arrest the slaves on the Virginia shore'-
Thus excited by the citizens of Virginia, several on
the Ohio side collected on the bank of the river,
and, as the slaves ascended the bank, some ten or
Twelve Of the citizens Of Virginia, being concealed
fhaying previously crossed the river,) ran from
their ambuscade, armed with muskets and sabres.
ordered the slaves Immediately to the boat, then,
having fred at, captured, and forced from the Ju-
,sdicon of their own State three citizens Of Ohio,
into the State Of Virginia, where they are now
illegally imprisoned.
To redress the wrong done by this outrage to the
right. of our citizens, and to the sovereignty OF
the Stale resort has thus far been had alone to the
peaceful remedies of Judicial proceedings Butt