Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-06-23

Wlln0EaWu OF those who renamed.
state Couitv--Ikentueirv ana ohio.
A correspondence between the Governors Of Ken
lucky and Ohio, in reference to the rendition Of
fugitive, is published in the Kentucky papers It
a2ptars the Governor Of Kentucky made requisi-
ton upon the Governor Of Ohio for the surrender
Of one WILLIAM LAe0, free negro, who was Indicted
in Kentucky for the offence Of theft, in having en-
tieed CHARLOTTE, slave, to leave her master, Mr..
@. W. NICHOLS, Of Kentucky, and having carried her
70 Ohio. Gov. DEsEIsoS refused to surrender the
fugitive on the ground that LAGo had committed no
ohense as the Constitution of the United States in
tends when it orders the surrender Of a fugitive
charged in any Of the States with treason, felony
or other crime" The Governor fortiies himself
with the opinion Of his Attorney General, who pro-
nounces that nobody can be delivered up BY one
State to another as a fugitive from justice, until he
shall lie charged with an Offense which was a crime
at common law when the Constitution was adopted,
or is regarded as such 'by the usages and laws Of
all civilized nations" The principle Of the refusal
is thus stated by the Attorney General of Chic:
sThe act Of which Lago is thus accused by the
Grand Jury Of WOodford county certainly is not
treason according to any code of any country; and
Just certainly not felony any other crime,
under the laws Of this State by the common law.
On the other hand the laws Of Kentucky do de-
nounce this act crime; and the question is thus
presented, whether under the Federal Constitution,
one State is under obligation to surrender its
citizens residents to any other State, the charge
that they have committed an offense not known to
the laws Of the former, nor affecting the public
safety nor regarded as mGlum Ia Sc by the general
judgment and cOnsciencs Of civilized nations.
This question must, in my opinion, be resolved
against the existence Of any such obligation. There
nNr otto &C.
selling vinOus OF spirituous liquors, horse-racng,
trespassing public lands keeping tavern without
license permitting dogs 70 run at large, declared by
the laws Of most Of the States to be crimes for the
commission of winch the offender is visited with
fine or Imprisonment, or with both and yet it will
Bog be insisted that the power Of extraditiOn de-
lined by the Constitution applies to these or the Ike
ottenses Obviously, line must be somewhere
drawn, distinguishing oifenses which do, from often
EeB which do not fall within the scope Of this power.
The right rule. in my opinion is that which holds
the power 70 be Limited to such acts constitute
either treason or felony by the common law, as that
stood when the Constitution was adopted, or which
are regarded as crimes by the usages and laws of
all civilized nations This rule is sufficiently viBdi-
Gated by the consideration that no other has ever
been suggested at easy Of application 70 all
cases. just to the several States and so consistent
in its operation with the rights and security Of tie
citizen"
Of course, such a decision gives perfect IMMUNITY
to every man who has been engaged in despOiling
SOutherners Of their property if he viii only run
away into Ohio, or any other State blessed with
Governor and Attorney General like those Black Re-
publican functionaries in Ohio.
Gov. MAGoFFN made lengthy and conclusive re-
joinder to the arguments of the Black Republican
"higher-law" Governor of Ohio, from which we
make the following extract:
q The rule adopted by you, it viii be seen at a
glance, would forbid the surrender Of a fugitive
from justice charged with crime IN almost numberless
instances, although the crime be well defined upon
the statutebOok Of the STATE where committed, be-
cause, foTsOoth, it wsEyno. a crime at common law
Whenthe Constitution was adopted, or Is not recOgnz
ed as such By the usages and laws Of ALL civilized ma
tons! For example: Certain injuries or Obstruc-
tons 70 telegraph lines and railroads crimes by
our statute and perhaps by yours. We're they
crimes at common law when the Constitution was
formed! Obtaining money by false pretences, and
other descriptions of frauds, are now made crimes
by the Statutes Of some the States. We're they
crimes at common law the adoption Of the COnsti
tuition! Or is il certain that the laws and usages of
al civilized nations even now denOunce them as
crimes and feOnies! Look over your own statute
book and you viii doubtless see May crimes de-
fined which were not at the origin Of our common
government, or which the judgement or laws Of al c
vlllzed nations viii approve. DOyOu issue requi
sitlon for the surrender OF fugitive from the jus
tce Of your laws without first ascertainng whether
the crime with which he stands charged was crime
at common law at the adoption of the Constitution
or is made such by the laws Of all civilized coun-
tries
u am TT aware how ancient the rule may be
with you, but | am satisfied 1t was not in vogue
when hentucdans ran with alacrity to the rescue
OF your people against the assaults Of British nyad
ers and their more savage allies. And 1t cannot be
that ingrautude is a characteristic Of your cOnsttu
euts. 1t is TO their sober second thought that
would appeal not to grant us a favor or confer q
privilege, but simply not TO give denial of our con-
sututional rights. And that appeal would make in
your own language, when on a recent occasion you
addressed your tellow-cItzens Of Kentucky, Tennes
see and Indiana at your own capital Speaking for
the people OF kentucky, you then spoke for the
people Of Ohio would declare with emphasis:
Believe geutlemeu the people Of Ohio ask peculiar
belonging their brethren all the rights they claim Cor
ssT The exclusive right Of the people Ct State to
At the oundaton Of the national coufedeacy without its re-
cognition there could have States
Leoos laon as The bass Of all nahoLa legs
aoa and ioI the regulation 81 the the
people the States in theory and in fact there prae
- ~. - e-tss, ne sovereignty OF me staes ~ an
Be- maintained. -C0tuzRbas epeech JIaauGry, ls6O.
This was the solemn pledge given to US on our
visit last winter 70 Ohio by you as the Executive Of
the State, and, be assured nothing less will satisfy
the people of Kentucky. Nothing less should be
conceded by the people Of Ohio. / can not convey
10 you my surprise and disappointment when 1
read the reasons gIvenfor your refusal to surren-
der the fugitive Lag0, in violation conceive
of the sentiments and principles laid down in the
above extract from your speech upon the occasion
alluded TO- According TO your own admission aud
position so distinctly stated, that violation involves
a dissolution Of the Union
The Columbus Salesman the Democratic paper at
the capital Of Ohio, publishes this correspondents in
It's issue of the 10Th inst, and says:
We publish this morning correspondents be
tween Gov Msgofin Of Kentucky and the present
Executive Of OhIo in regard TO the rendition OF a
fugitive from justice. To this correspondence we
call the earnest attention of the people Of Ohio as
it relates 70 the most important question Of the
country. Il brings home the inquiry whether Ohio
is prepared 70 nulfy her constitutional Obligations
her frsternal pledge with the other States Of the
Confederacy; whether the people in favor of I'M
ion or disunOn. It's an evil day when suchdoctrnes
as that exposed by this correspondence are enunci
ated from the Executive office of Ohio. Il viii be
observed that Coy. Dennison was entremly weak in
the knees when he took the step. The deiay IN his
answer 10 Gov MagOfiin was OccasiOned by the fear
Of the abolition lash on one hand, and the ndigna-
ton Of the people on the other IL took mm SIX
weeks to make up his mindlD Let the correspond
ence be read and pondered. Il will do much to open
the ewes of the people 70 the aims and objects Of
disunion Republicanism. Il viii give clearer idea
OF the bloody and brutal doctrine Of the rrepressi
bic conflict to which the Ohio diSunonists are une-
QuivoGally committed.
TTFeE E,ueRarIoS.-It is stated that twenty thous
and Swedes and Norwegians are preparing to EN-
park for the United States and 1t is believed that
NOT less than that number viii reach the United /
states before tie close Of the present year
ALVIN HAwKDs, Esq, declines the nomination of 4
elector on the BELL and EVERETT ticket in the ninth
congressional district E consequence Of private
-
A b,- Cu,prrs r ,-ERs. while carrying locusts in
his hat in wet.sl county. Va, recently, stung