Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1846-03-13

In House, Feb, l6, 1876.
Laid upon the table and ordered to he
printed.
Mr.. Phelps, from the committee on Fed
eral Relations, made the following
REPORT:
The committee on Federal Relations,
to whom was referred The correspondence
between the Governor Of the State of o.
no and the SoVernor Of the State Of Vir-
ginia, in relation to the kidnapping Of GER
tain citizens of this State, have had the
same under consideration and now sub.
nit the following reports
The material facts in respect to the trans
action, are briefly as follows: Certain cti-
zens OF this State, being on the Ohio bank
or shore Of the Ohio river, where conop
had landed with number Of negroes
the river then being several feet above low
water, and the shore some distance from
the margin Of the channel at low water,
five citizens of Virginia, who had pre-
viously placed themselves in conceaimcnt
for that purpose, upon the Ohio side Of the
river, rushed forth, and, under the pre-
text Of arresLing them for an intraction OF
the criminal law OF Virginia, then and
there committed. forcibly seized, bound,
and conveyed to the Virginia shore, and
loiged in the Jail OF Parkersturgh, three cit
izens Of the State OF Ohio. The FIVE per-
sons guilty Of this ect ofkidnapping, were
indicted therefor by the grand jury Of
Washington county, and legal requisi-
ton made by the Governor of this State for
the delivery over of said five persons to
the authorities OF this State, Tor trial on
the above chmge: which requi8ition was
not complied with. Some two weeks al
terwards, the Governor Of this State adj
dressed letter to the Governor of Virgin
ia, calling his attention TO the subject, and
requesting to be informed of his EXecu-
tive aCtiou upon the reqnlsitlon. This let
ter was replied to by the Governor OF VIZ
gnia on the 9Ist of October last,-more
than a month after the reqnsition had been
madp,--stating as a reason why 1t could
not be complied with, that the said hVe
persons were then under sui r@ha to tes~
tfy against the very three citizens kdnap'
ped, In the mean time, these three c'lI'
zens of Ohio remained confiCed in the jan
ofsparkersburch, Tut " ere afterwards hrot
TO trial I've lore their county court, at Par
kersburgh. when the jury returned a spr'
cial verdicG and, in December last, the
case came ep before the Virginia Court O
Appeals composed Of fifteen Judges, on
question of Jurisdiction, and strange as III
NAV seem, fourteen Of these Judges were
equally divided as 10 whether Virginia
had jurisdiction at the place where the OIL
fence was alleged to haze been committed
and where the said citizens were seized.
The other Judge by reason OF not having
heard the whole case, gave no oplnloh; so
that it resulted in continuing the imprlson-
mont of these three citizens, to await an
other term of the court. The Court OF Ap-
meals, however, made miIder order than
had been madehy the county courts in res
pect to admitting them 10 bail; under
which order in the month of January last,
they were discharged on bail OF ore nun
dred dollars Pach,--a citizen OF OhIo' ol
no responsibility, as your committee are IN
formed, being received as the security OF
all.
The only question for the determination
of the Virginia Court Of Appeals, was
Did the place, where the said supposed Of
fence was alleged to have been committed
bv said citizens of Ohio, constitute part
o. the territory, and was it within the ju-
risdction Of Virginia or notl 1t was upon
the Ohio side Of the river, and back from
the margin at low water about sixty feet
The deed Of cesson from Virginia TO the
United States, ceeded to the latter all the
territory northwest Of the Ohio river.
From this territory the States Of Ohio and
Indiana were subsequently erected, each
being bounded upon the Ohio river. A
deed of land to an individual, bounding
him upon such river, would vest in him
the soil to low water mark. Without eX-
pressing an opinion whether the State of
Ohio might or might not rightfully claim to
lie reatre of the river, it is sufficient, for
the determination of this question, that
she has, in the opinion of your committee
an undoubted tight and title to the terrific
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