Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-11-01
nIneh Ado Anont Nothlna.

The newspapers are gravely discussing the
question whether Governor Morgan, of New
York, will surrender Gerrit Smith, to 10 taken
to Virginia and tried as an accessory before the
fact to the crimes committed by Brown and his
associates at IIarper's Ferry, on a requisition
which it is assumed that Governor Wiso will
make upon Governor Morgan for that purpose.
The New York Herald processes 70 think
this the most portentous question that ever has
arisen or can arise in this country. 1t foresces
he almost inevitable downfall of the Union, as
the result ofGovernor Morgan's decision, what
ever it may be lf he complies with the re-
QUESTION, the North will rebel and if he refuses
the South will secede-and 30 the Union must
90 tho dogs in any event
We trust however, that the Union will sur.
vive this great danger There arc at least three
substantial reasons for cur hope
| lst There is no evidence, 50 far as we have
seen, that Gerit Smith is in any way implicated
in the Harper's Ferry insurection, or even that
he had the slightest knowledge or suspicion
that such movement was to e made.
ID. Even if there were the most abundant
evidence of his completely in the affair, we be-
lieve it is not pretended that he was at Ilar-
pcr's Ferry, or anywhere else within the limits
OF Virginia, in relation to it-and il is a rule
! Of law that man is answeTable for an alleged
criminal offence only in the county or district
where the offence is charged to have been COM
mitod
Sd. Admitting that Mr., Smith is legally LA
BILE TO be tried and punished 10 Virginia, for
criminal acts comn nittcd in New York, if Vir-
ginia can get possession of hm, it Ia clear that
| the Con, tiluton cOnlers upon Governor Wise
no authority to demand him of Governor Nor
gan, nor upon Governor Morgan any authority
to surrender him, unless no has been in Virgin-
| ia, and fled thcrctrOm TO the Stale of New York.
| The provision OF the Constitution is, that s'any
person charged in any State with treason, felony,
or other crime, who shall flee from justice, aud
be found in another State, shall, on demand of
the Executive authority of the State from tohich
he fed be delivered up to be removed to tho
| State having jurisdiction Of the crime"
1t is very clear that Governor Wise will have
TO show that Mr.. Smith has fled from the State
| Of Virginia, before he can make auy valid de-
mand upon Governor Morgan for his surrender,
and equally clear that Governor Morgan cannot
cOnstituuOnally surrender him without such
showing, if ever 50 much inclined to do it.
We TecOect that many years ago this same
question arose between Kentucky and Ohio
The Governor Of Kentucky made a requisition
upon the Governor Of Ohio for the surrender of
a man who was charged with melting slaves to
escape from Kentucky, but who had never set
his foot upon the soi of that State for that pur-
pose The Governor of Ohio refused TO sur
render him-and the Union withstOod that
! shock
lfGovernor Wise can make out case, under
| the Constitution, for the surrender of Mr. Smith,
we see no reason why Governor Morgan should
refuse, on personal or political grounds, to sur
render him. Mr.. Smith ran against Governor
Morgan for the office he now holds only year
ago with no hope Of being elected himself and
with the sole object OF defeating Governor Nor
gan; and it is said that he expended very large
amount of money in his ondeavor to accomplish
that object. Washington Republic