The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1860-03-15

dat, Of tho Executive authority OF the state Og
Territory to which such person shall have fed. ta
csnsc hi m or her to lie arrested and secured. and
no,ice Of the srrest to he gwen to the Executive
such authority appointed to receive the ugitive
and to cause the fugitive TO 10 delivered TO such
,hs d.sy Of the Esecntvs Of Ohio to cause the Der
son charged to he arrested and secured, and no
tee Of the arrest tn he given 10 the Executive OF
virginia. and to cause him to lie delivered to heI
agent. if Virginia has made An omission which il
merely formal. which may be correct ed. III the
10 be arrested and secured If she has complied
with the law and the accused is IN custody. IL is has
da'x to deliver hum to hsI aSent rms - an 9S,, T
Is the comfy between friendly soveregns, which
is contemplated BY the law and was well under
in this and other matters. II followed, would rem
der ns an united and a happy people.
been done hy Virsna since she has failed to do tina.
which renders the law ,nagphcsble ard without
force in the present ease: THIS brings me To- con,
b, the Attorney General to exist in the requisI
ton That officer states that the accused must have
commission Of treason. felony. or other cripe. -
I'm this case tho requsi'ion was based upon an IN
de,men. in which G1ana MY at spssial ,e, ,hs m
s.h day of February last. found true bill AGAINST
Francis Merriam for advising slaves to rebel and
II axe lnsurrec'inn for conspIring with slaves to
rebel and make insurrection, and Tor conspiring
with certain persons to induce slaves 10 Iehei am an
make insurrection," an ohr nee made ie'ony b, the
laws Of this State. A copy OF the indictment, GER
tlfed by the Clerk of the Court, whose signature
and Official character was authenticated hs th the
Sc al of the State. accompanied the re0uislton -
This is admitted to I've sufficient CON ptance with
the first requirement OF the law ia'd down as es-
sential. ,
In the next place, it is said. he must have fled
from that State e MS an" .t ,ne ess
is there any evidence. that Merriam eyer lied from
Tirgins.' The Constitution of the United States
declares that person charged with CRIME, who
shall fee fom Justice and be found IN another
State" shall he delivered up. The object OF the
Constitution is that when person has ieit the III
rsd,ctlon of q State where the crime is commit
ted be, its authority. where IT'S legal process
does not extend. and is found IN another state,
that the State IN which he IS found shall restore
him 10 the State which has los. jurisdc ton, that
it may proceed TO have him punished The fact
manded goes TO correborate the charge that he
has fled from Justice. The fact that he has been
indicted proves that ne has een chatSeo m b W sb.,
he is charged with having fed from justice. IL IS
impossible to snow the quo ammo with which he
he has con n,itted crime elsewhere, that he has
been indicted for crime; and that II caught he IS
m" refore s that he has fed to avoid the conse-
quences OF his crime.
The law of Congress does not REQUIRE the Execu
tive demanding the fugitive to state that he has
fled from Justice. 1t simply requires that when
ever The Executive authority % any State IN the
or South of the river Ohio, shall demand any per
son a. a J.gitirs from Jn'ftcs OF the Executive
such person shall have fled, and shall, moreover.
produce the copy of an Indictment found. an
affidavit made before masls' s'rate of a y State or
Tcrri'"ry. as aforesaid, char the person 8" do
ma nds with having committed treason, iclo~y> or
other crime, certified by the Governor or Chief
Magistrate Of the State or Territory from whence
the person so chsrged He'd i. shall he the duty OF
the Executive authority nf the state OF Territory
to which such person shall have tie d. to cause him
or her to he arrested and secured Al Il not ce oi
the arrest to be given tn the Executive authority
maxim. such demand. or to the AGENT Of such au-
cause the fugitive to be deiiv red to such agent
when he shall appear.
The requlslt,on which issued to the Governor
Whereas 1t appears BY the annexed documents
which are hereby certified to lie authentic. th IT
Francis Merriam is a fusittvc from Justice from
tins State. charged with advising Slaves To rebel
and make insurrection. and with conspirIng with
slaves to rebel ard make iGsurrectiOn. and with
cons pirin- with certain pc rsons t. induce slaves to
l ebel and make insurrecton: Now therefore. |,
JOHN LErcHER, Governor of the State of Virginia
have thou ht proper. by virtue of The provisions wi
the Constitution Of the United States in such
cases made and provided. and of the act Of Con
the Executive authority Of the. State of Ohio the
surrender Of the said Francis Merriam rs q tMs,-
if rs alleged the documents annexed 70 the regui-
sition did not show that Merriam was a fugitive
from justice. those words in the preamble were
show that he was charged by Indictment with felo-
ny. The requislton shows, that in making the de-
mand did assert that he waS a fugitive from JUS
tice and in the very terms OF the act of Congress-
sas fugitive from JUSTICE thus compyi ing fully
with the requirements OF the law of Consress;. If
have thought proper. &c. to demand. &C.. the
sure nder Of the said Francis NJ Terrain asa ("gi-
that he has fed from justice. 1t is difficult to con
ceive what words could have been use, that would
be more eSpilS nd ne Is
To exhibit with the requisit,on evidence to prove
that the party has fed indeed, doubt whether an
instance can he produced IN which it has heen
done where the requ'slticn is based upon an ndct-
ment. If he is net found IN the State of which he
sa he he he found hs ct n ne
ton implies the fleeing, and he is to be dalive red
TO e Where d the
IL based upon Indictment. 1t is only necessary Ia
refer to a demand on THIS State, made by Governor
conclusive on this point That document accom-
panies this communication.
communication from one of the justices OF the
county al Warren. informing me that he had com
inr committed a forgery IN the State of OHIO.
law of this State. IN the true spirit of comfy he
tween SISTER States, having made It the duty of the
Executive 10 communicate the information | haC
received to the Executive of the State where the
crime is charged TO have been committed, direct
ed the Secretary OF the Commonwealth tn to give the
necessary information. 1t was done, and in shor,
time received a communication from Gov. Den
n,son statn ny that he nad received the letter but
asking "wl Il you Obii se me by comm ni eating nj
your earliest convenience, IN what county IN Ohio
Tia. lor siaads charged with forgery. This Will ena-
bic me to communicate with the prosecuting attor-
ney, &c., by which II procure the proper papers
for requisition. If you do not know the county
enahe me to act IN the premises' Instead Of re- e.
fusng to give the aid desired the Score of the
Commonwealth immediate wrote to the justics
to give the Governor OF OHIO the Information de
sired. And on the 25th Of February. | received Il
ins N the ed arrest an, surrender of slss Tay ior
This .requlsitlon. is based upon an Indictment
which. like the indictment n the case of NJ erram
ha II unc W RI N {
ing that Taylor had fled from justice or had been
fus tive from justice. aud not scintliia OF evi
dence, either by affidavit or otherwise. to show tina
he was fugitive. The only difference bel ween the
two requsitions 49,. that the Governor OF Ohio, IL
that sias Tsyicr fed from the justice Of thl,
state" without saying to whom 1t had been repre-
By h9m hsd esen nS
tc establish 1t. The reauisihon from this State de-
mands the surrender of Merriam ''es a fugitive
from justice" without proof that he was fugitive
from justice.
What did the Executive of Virginia do undel
these CIRCUMSTANCES pld he refuse 70 M aehser nv VI
he was a fugitive; No. Believing that a sister
convinced that he had violated her laws, and vii
hing to trust tha. eIiminal to the Jurisdiction n
mittsd ua im@sdiaieis issued my warrant to sur
render the criminal asked for, and he was deliver
cd up TO the agent Of Ohio. Comfy and good fci
under the Same Union and Government (as
thought required this Of me.
What does the Governor of Ohio do, ia a case
infinitely stronscr-ina case in which it has been
published 70 the world that Virginia had bsen In !,
vaded ny n set of desperadoes. who were engaged
in numbering her unofierding citizens. and IN desc
orating her soil, in which the names cf the offend
era have bccn established, and reward has been
red for them as men who have fed from justice
who are known to he guilty beyond the poss bi lily
Of a doubt He coolly sits down and submits a
for these offenders. which is issued in
the usual form, TO the acuten ness Of his Attorney
General to pick flaws, and search for informaiities
and defects, TO give q color OF reason to deny the
ext,aditi0n, 80 that the offenders may escape be
fore the defect. il it he defect. can be repsded.
nd beforc information is given 10 me Of any de-
foot find it telegraphcd to the world that my re-
QUESTION has been refused. And, [ am told.
'' whether this defect be cured. il ques tiOn