The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1860-04-04
MESSAGE OF GOV. LETCHER.
EXECUTIVE DEPARTMENT.

March l4th 1860. (
Gentlemen Of tie Senate and House of Delegates
On the 9th day of FEBRUARY last, upon infor
nation believed to be reliable, issued requi
siton on the Executive authority OF the Stat
of Ohio for Francis Merriam and Owen Brown
two of the persons engaged with John Brown, il
the raid at Harpers Ferry. In reply to the re
quisition | have received a communication from
Gov. Dennison of that State, declining to sur
render these figitives from justice, for reasons
which are, in my judgement, as frivolous al
those which were assigned by Gov. Kirkwood
of Iowa, and which, taken together, demon
strates determined purpose on the part Of tn,
Governors of these States to refuse compliance
with the express provisions of the Constitution
OF the Uaited States, and the laws made Il
execute those provisions.
Gov. Dennison informs me that the reasons fo
his conclusions are fully set forth in the copy o
an opinion of the Attorney General of Ohic
which he incloses. The Governors letter ant
that opinion are herewith transmitted for you
consideration.
The Attorney General Of Ohio assigns three
reosans why this requsition should not BE-
complied with.
"1st That no enactment of this State (Ohio)
has clothed the Governor with authority to sur.
render to another State fugitivcs from its jus.
tice seeking refuge here. Whatever power he
may have must be derived from the Constitution
of the United States, and the act of Congress
respecting fugtives from justice, approved 18th
February, 1893" And then he states that un.
der that act,
"1st. He must have been charged in another
State, by indictment or affidavit with the com
mission there of treason felony or other crime
ID. He must have fled from that State to es
cape its justice.
8. Demand for his surrender, accompanied
by an authentic copy of the indictment or afii-
davt on which the demand is predicated, must
have been made of the Executive authority o.
the State from which the flight was made.
"When these do concurrently happen, the
pOWST W TtulON0 CAiotoi anu "uot DC CASCuteu.
I'd. He objects that "there is no allegation
still less is there any evidence, that "Merriam
ever fled from the State of Virginia" The At
torney General says: "True, the preamble to
the requisition rectes, that it appears by the
annexed documents that Merriam is fugitive
from Justice from Virginia, but this recita
does not accord with the fact. No fight what
ever is shown by the documents annexed
Sd. The Attorney General takes the ground
that "there is nothing to show that he (Mer-
riam) was ever within the State OF Virginia
save the allegation in the indictment that the
offense of which he is accused was there com.
mtted.
propose to consider briefly these objections
1st. There is no law in Ohio which authori-
zes the Governor to surrender fugitives from
instice If this be SO, it would only prove that
the State of Ohio had refused or neglected to
comply with the Constitutional provision, which
requires that "a person charged 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 fled be delivered up to
be removed to the State having jurisdiction of
the crime"
have examined the last revised statutes of
Ohio, published in 1854, and find, that from the
year 1911 to the time ofthe publication of those
statutes, the State Of Ohio had made ample
for the surrender Of fugitives from
Justice. This provision is contained in the
ninth section of the act securing the benefits of
habeas corpus, and is in these words: provided
that if any citizen of this State, or person, or
persons, at any time resident in the same, shall
have committed, or be charged with having
any treason, felony or misdemear-
or, in any other part of the United States or
Territories, where he or she ought to be tried
for such offence, he she or they may bs sent to