Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1860-03-29

IN the very spirit Indicated by these ieal
Gus safeguards the right ought always to b
exerted. For, this Power, which dsiee i,e
the citizens 10 another jurisdiction, and de
prives him Of that protection which, as
general rule, the State owes to everey Sc
| jouner witLin its limits---is of rs high 4
nature IS to exact the utmost care in it
| application, even to the prescribed cases
Every sone charged with its execution
should see to il that all the securities b,
whichit has been as snxiously surrounds
are observed with rigorous fidelity. -s-,
Examining. in the light OF these rules
the requsition for Merriam, it will at once b
seen that no case is made for the exercis'
of this power. -, :.
There is no allegation, still less is there
any evidence, that Merriam ever fled from
the State Of Virginia. True, the preamble
to the requisition recites that at appears BY
the annexed documents that Merraim is a
fugitive from Virginia." but this recital
does not accord with the fact No flight
whatever is shown BY the documents an
nexed.' These, as prviously stated, con-
sist only Of the copy of and Indictment
found against Merriam in Virginia Court,
with such attestation and certificate as was
deemed necessary to establish its authentic
nature. In all these documents" from
the beginning to the end, there is no word,
no letter, from which human ingenuity can
draw the vaguest bint that Merriam bad
from Virginia. Nay, more, there is moth.
ing to show that he was ever within the
State, save the allegation in the indiet-
ment, that the offense Of which he was ac-
cused was there committed. Certainly.
this is not conclusive as to the fact of his
presence. For the formal ayerment of penue
would equally have been mads-because
essential to every indictment-whether the
part born by Merriam in the alleged con-
spiracy aud offence had been acted alto
gether within or altogether without the
limits of the State. In its legal effect,
this averment is entireley consistent with
the boundaries of Virginia. Granting,
however, that this declaration imports the
actual presence of Merriam at the place
where the commission of the offence is
laid, it sill remains true that there is abso-
lutely nothing in the papers accompanying
the requisition, to indicate that he. bas
since fled from, or otherwise left the State.
If within it then, be may. for aught that
appears in those papers, have continuously
bidded there up 10 the very moment when
the requisition itself which can supply this
defect in its s.annexed documents" as that
nowhere AYERS fight by Merriam. 1t mere
ly refers to these documents" as giving
evidence of such flight, and does nothing
more. These, as has been seen, do not
furnish any evidence whatever upon that,
subject, SO that the case stands without
even an allegation of the existence Of this
vital condition.
But if it should be admitted that .he re-
eital in the requisition is tantamount to
direct assertion that Merriam was, in the
language of the recital, "a fugitive from
Justice from Virgins" the admission would
avail nothing. That assertion is BY no
means equivalent to an ayerment that he
led from the State to elude its jnstice.-
It may lend TO an inference Of aefum flight,
,r It may mean constructive one only
Il mean one or the other, 10 is
sufficient 70 say this extraordinary power
5 not to be exercised on a surmise or infer
snce. Beyond this. however, no mere
orunali unsworn allegation of flight, be il
never SO clear and unequivocal, can be
leemed sufficient. In this, as in all other
which effect the right of per-
onal liberty, every fact on which the pow
" of removal depends must be established
~ due and satisfactory evidence. Theme
:essi,y of insisting on rigid proof Of flight
will not be doubted by any one familiar
sith the fact that, IN some of the States q |
practice Las grown up Of demanding the
as "fngitives from justice from |
hose States" of persons who have never
,een within their limits, on the legal fc- |
Jon of a constructive presence and q con-
iruetive flight. II is not known that this
Practice has obtained in Virginia, nor is it
material TO inquire, as all requisitions, from
whatever State must be governed BY uni
orm law. Moreover, while this custom
vindicates the propriety of the
ule, the rule itself rests on larger founda-
ions. 1t grows out OF the very nature Of
he power. The immunity of the citizen
rom arrest and exile would stand on the
railest ground, if beld subject to- the more
nverified declaration of even the highest
nnctionary in the land. 1t is not too
nuch SO say that power soarb1rary can
ave no lawful existence in q free govern
nent.
These considerations, il seems to me, are
ntirely decisive. For the reason that the
with its "annexed documents"
FINISHES no evidence Ct the flight Of Mer.
lam from Virginia, il altogether fails, in
ny Judgment, to make ont a case which
'iIl warrant his extradition. Whether this
eject can be cured is question which
ddressss itself solely to the authorities Of
hat State. Finding one barrier to the
xercise of the authority invoked by this
squision, it has not seemed proper 10 in
uire as to the existence of any other.-
or all present purposes, it is. enough for
S to know that as the case now stands,
he objection is fatal.
Very respectfully your ob't servant,
-. G. p. WOLC0TT.
} To the Governor. ri ssrssss
sss' p
FIVE CHILDREN BURNED TO DEArHel
he dwelling Mr.. Humpqry Owens, near