The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1860-03-22
virginia and Ohio.

Governor Letchcr, Of Virginia recently sent
n requsition TO Governor Dennison for the ex-
tradition of Owen Brown aud Francis Merriam.
charging them with being fugitvos from the JUS
tico of said State. Tho papers were defective
und our Governor very properly declined to act
upon them. Below is Governor Deunison's
letter to Governor L,tcher:
STATE or ONO EXECUTIVE DEPARTMENT, coLUM
nus March S,h, 1850.
His Erccllency John Lctchcr, Governor of Vir.
ginia;
StR-l have carefully examined The requis.
ton of your Excellency, and the accompanying
documents FOR the oytradilon OF Owen Brown
and Francis Merriam, charged as being fugi
tives from the justice of Virginia, and as now
being within this State; and am satisfied that
no sufficient case is presented to authorize me
to issue either of the warrants asked for, The
reasons for this conclusion are fully set forth
in The copy of the opinion of the Attoruey-Gen.
eral Of this State, to whom submitted the pa
pers in the case which | have the honor to
transmit to you herewith, With sentiments of
high respect,
Your obelient servant,
w. DENNISON.
The opinion of Attorney General Wolcott,
rate review of the question involved. After
quoting the constitutional obligation to sur.
render fugilves from justice, aud the act of
Congress in pursuance thereof the Attorney
General says:
BY their very terms, no person can be removed
from one State to another, in virtue OF these
Constitutional aud statutory provisions, except
on tina simultaneous occurrence OF three dis.
tnct conditions.
!. lie must have been charged in another
State, by indictment or affidavit, with the com
mission there OF " treason, felony or other
crime"
Q, He must have fled from that State to es.
cape its justice and
3. Demanded for his surrender accompanied
by an authentic copy ol the indctmen: or ani
davit on which the demand is predoated-muSt
have been made OF he executive authority olI
the State to which he fled, by the executive au-
thority OF the State from which the flight was
made.
When these do concurrently happen, the
power to deliver results, aud must be executed
Each, however, is in the nature OF precedent
condition; TO that the absence of any one of
them is not less fatal than the absence of all.
These, and not less than these, are the llmi.
tations with which the rights of extraditou has
been carefully hedged about by the Consitu,
ton aud the act OF Congress In the very spirit
indicated by these jealous safeguards the right
ought always 10 he exerted. For, this power
which relegates the citizen to another iurisdc
ton, aud deprives him of that protection which
as general rule, the State owe 10 every soiour
Her within its llmi;s--is of SO high a nature asl
30 exact the u,most caro- in its application. event
TO the prescribed cases. Every one charged
with its execution should SEQ To It that nil theI
securities by which it has been so anxiously sur.
rounded are observed with rigorous fidelity.
The Attorney-G neral then examines the evil
dence submitted by the Governor Of Virginia
aud arrives at the conclusion that there is not
particle of proof taat Brown and Merriam
ever fed from Virginia, and nothing to show
that they ever were in that State, save the ale.
cation in the indictment that the olltnse was
there comnitIeI.' The Attosney. General ends
thus:
These considerations, il seems to me, are en-
uTely decisive. For the reason that the reoti
htlon, with its annexed documentsp furnishes
no evidence OF the flight of Merriam from Vir.
ginia. II altogether fails, in my Judgment. 10
make out Case whch will wsrrent the extra.
dltion. Whether this defect can be cured is a
question which addresses itself solely 10 the
hutnorllles OF that Stote Finding one barrier
10 the exercise OF the suthorly invOiScd by this
IeqnlsllIoh' II has not seemed proper to inquire
ss 10 the existence OF any other. For all pres
sht purposes, II Is enough 10 know that as the
case now stands, the objection Is fatal
10 Tue National Era ut Washington, is tol
10