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


were to do this, the Investigations ard authority
of the Court would be stopped-the whole evi. M
dence in the case would be taken away. and taken
away forever il the persous surrendered shouid DC
convicted of feiony-the parties implicatef ac-
Quilted without trial, and thus the purposes OF JUS
tice effeetuaily defeated through an Executive
agency which was meant TO protect thefn. IN
deed the surrender under existing cIrcun stances,
would he, in effect, TO endow your Exeehenry
with the double privilege ofsuhjecting eertaIa citi.
zens of Virginia to an ignomnii"us prosecution IN
Ohio and dischlrgng at the same time cer;ainrtt-
ors of Ohio from similar prosecution here. Suclf
undoubtedly would he the result Of conply,ne.at AZ
present, with your Excslicney's dcmand stll,
however, ! am perfectly cuuh hde thai is rrrkingi'
and mAking it now. yo'r Exctilerc? - a@ifa
with no design whatsoever of,h"mtlog 'l'S course
and operation nf our laws, but with fr single arf
honorable oiIe OF uailItsiGing inviola'c tie Claims
your OWL.
Acting then, IN this p i:i' 81 cF ci9i fdeI-
ity, and 10 conformity with the pI"tiion oi law
before alluded to, ,hali decline giving any order
al present for the arrest aud deli cry over ot the
persons who are named in your EAceliency'sre-
qusition. Whenever they are discharged from
the process before stated, and when the judgment
of the Court, in all its bearing upon the persons
ard principles involved, shall be made known TO
this Department, it i'll ther have the whole case
in its hands, and will be able to proceed at once to
final decision upon it.
Having thus answered your Exceilency's requi-
sition, have now TO submit one from this Dsparl-
ment upon yours, demanding the surrender OF Jo-
seph Romini, Titus Shotwell and Berton Stanton,
who were indicted at the September term of the
Circuit Superior Court Of Law and Chancery Tor
the county of Wood, in this State, begun and held
on the first day ofthe month, upon charge of felo.
niously enticng and aluring away, and otherwise
Il. sLa
vice and possession of their owner, certain slaves
the property ola citizen of this State. .
This requisition, as your Excellency will per-
ceive, is founded upon indictment which ID
prior even TO that which your own has been
made, md is otherwise in all constitutional and le
gal respects precisely the same cannot doubt,
therefore, but that its validity will be promptly ac.
knowedged, and, if no legal obstacle exists, that
the necessary measures will be as promptly taken
to give it effect Could | at any moment have
doubted this, and have supposed that your Excel
lency would be unwilling to admit az obligatory
upon your own Executive action, the counterpart
of the very official instrument which you have
presented as obligatory upon mine, that doubt
would have been removed in the most ample man.
ner by the very explicit aud emphatic positions of
your letter. Nothing, indeed, could be stronger
upon this point than the emphasis with which
your Excellency declares it to be your confident
belief, that the peace and harmony Of the several
States cannot be maintained except through the
faithful execution of all international laws by the
authorities of each; and that the Union itself de-
pends for its preservation upon the steady enforce-
ment Of that federal guarantee which secures to sv
cry State as part of its sovereignty, the delivery
over to Its laws OF every criminal against them. ia
This is the doctrine of VirginIa-the doctrine, as
we believe, of patriotism and of the Constitutions;
and having often inaintained it ourselves in the.
face of opposition, and denial, and rebuff, we
not be Otherwise than pleased at having so power
full an auxiliary as Ohio to assist us in maintaining
il for the future 4g Hal ss.f .-r
Cratified as am at the position on this subject.
which you have taken for your young and power
full Commonw ealth, and especially at having the
benefit of it in advance on the side Of the demand
which have herewith the honor to forward, am
scarcely less so in believing that your own gratii-
cation will be fully equal to mine at having So.
early an opportunity OF stamping the doctrines OF
your letter with the seal of practical and official
confr nation. ..--
In relation to the citizens of Ohio who are now
under trial in the county ofWood, and whose situ-
alton is specially referred to in your letter, trust
that your Excellency will feel entirely assured that
the fair and honorable trial which you invoke for,
them will certainly be had. .-..,. ~,
Without extending this communication any far
ther will add only, thar whilst agree with your
Excellency in believing that much may be done
by faithful use OF Executive authority to restrain
the commission of offences between citizens of
different States. am yet satisfied that solid and
effectual reliance for this end IN the private NOR
aiity of these citizens themselves and the preva-
lence amongst them of tue spirit of justice and
respect for the rights Of each other. With such
spirit we have security for public peace immeas-
urably stronger than everything which law, with
all its bonds, imprisonments and fines can afford
Let such spirit as this be extended to the const,
tutiona and legal rights of the people of Virginia
in their slaves-let every attempt at the allurement
or removal of these slaves from the possession of
their owners be given up, as both illegal and i'm
moral, by those who dlsclaim them as property
let this be done, and your Excellency needsno as
'urance from that the kindly relations between
Ohio aud Virginia are more likely than ever to
main undisturbed and perpetual. With very great
respect, am your Excellency's
Most obedient servant,
JAS. MCDOWELL.
To His Excellsncy, NJ. BARrLEr,
Governor of Ohio, r1