Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1860-03-17

tho warrant oil tho Governor ~ issued tor nis 10
livery to the agent OF the State demanding the fu-
gitve. it authorizes his delivery to that agent.
who is tho suitable person" intended.
Again the State of Ohio has shown, In the exc
cution of her own criminal laws, that she docs
not intend that criminals shall be allowed to es-
cape or bo discharged. for more iniormaltios or
defects which might bo cured. She has provided
in an act to amend nm net securing the benefit OF
the writ Of hdbeds corpus passed in 1884 and to
DO found in tho samo edition of the revised sta
tutes, 'thatif my person shall be committed to
prison DO in custody of any officer for any Grim
inal matter, such person shall not bo discharged
from such imprisonment or custody, by reason OF
any informally or defect of such warrant or CON-
mitment; provided. such warrant or commitment
shall show, substantially. u criminal matter, for
which such justice of the peace had jurisdiction
so to arrest or commit" Comfy between sister
States would seem to imply that friendly Cover
nor of State, "once bone of our bono aud flesh
of our flesh" once apart Of Virginia soil, and to
" hich State Virginia has ever shown tho warm
est affection should. Mt lenst, not permit fngi-
two from Justice to esoape by roason OF "informal-
ity or defect" for which Justice Of tho penco
would not be authorized to discharge common
offender. should induce him. ut least, to cause tho
accused to bo arrested and DO kept, without re.
gard 10 petty informalty or defect in requisi-
tion, when the accused Ia notorious criminal,
whose history hus boon published to tho world
who has violated tho sanctity OF our soil, and
the most sacred obligations ofa citizen.
But II all tho laws of Ohio on tho subject of tho
rendition of fugitive slaves from justice have been
repealed that State is still under the Constitution
Of the United States aud still bound 10y tho laws
OF tongrcs, which have been passed to enforce tho
Constitutional GUARANTEES; and tho Attorney Gen
cral admits that whatever power tho Governor
may have, must be derived irom tho Constitution
e tho United States aud the net OF Congress. Tho
constitutional provision which quoted gives ani-
pie authority. Tao act of Congress provides that
whenever II demand is made bv tho Executive OF
ono State upon another, ut shnll be tho duty Of
the Executive authority making such demand, or
Ia the agent of such authority appointed to rc-
ccivc tho fugitive nnd to cause tho fugitive to be
delivered to such agent when he shall appear. -
This law makes it tho duty Of tho Executive of
Ohio. to cause the person charged, to bo arrested
and secured. and notice of Tho arrest to be given,
to the Executive Of Nirsinia. aud TO cause him to
be delivered to her agent. II Virg ina has made
nm omission which is merely formal, or which may
10 corrected, it is tho duty of tho Governor of
Ohio TO cause tho accused to e arrested and se'
cared II she has complied with tho law and tho
accused is in custody, it is his duty to deliver him
to licr agent. This il an obligation which. should
not.bo lightly violated. This In the comfy between
friendly sovcreigns which is contemplated by tho
law and was well understood and acted upon by
the sires. whose examples in this ana other mat
ters, If followed would render us o united and
happy people. ..
II, then, Tho law authorizes It. what ought to
have been done by Virginia, which she has failed
to do, which renders the law inapplicable and
without force in tho present casef This brings mo
10 consider tho defects of nf1rmalitics which nre
alleged by the Attorney General to exist in tho
rcquisition. That officer states that the accused
must have been charged by indictment or nfiida
Wit. with the commission OF treason, felony, or
other crime" In this case the requistion was
bnsei upon au Indictment in which Grand Jury
ut special term of the Circuit Court Of Jefferson
county, on the 9Th day of February last, found IL
true bill against Francis Merriam " for advising
slaves to rebel and mako insurrecton; for conspi.
ring with certain persons to induce slaves to rebel
and make instruction" an offence made felony
by the laws Of this State. A copy OF .he indict-
ment, certified by tho Clerk of tho Court, whose
signature and official character was authenticated
by tho Judge of the Circuit, and all authenticated
by tho seal Of the State, accompanied tho requsi-
tipn This is admitted to be sufficient oompl.
nnce with the first requirements Of the law, laid
down ms essential
In tho next place it is said. "he must have aed
from that State to escape Its ustce;" and the OBJ
lection is that "There is allegation Sill less is
there any evidence. that Merriam ever fled from
the State Of Virginia" The Oonstit uton of tho
United States declares that person charged with
crime, - who shall flee from justice and bo found
in another State" shall be delivered up. The OBJ
ject Of tho Constitution IT, that when person has
lett the jurisdiction Of II State where the crime is
committed is beyond its authority, where its legal
process does not extend and is found in another
State, that the State in which he is found shall
restore him to the State which has lost jurisdiction
that it may proceed to have him punished. Tho
fact that he is found in tho State Of which he is
demanded goes to corroborato the charge that he
has fled from justice. Tho fact that he has been
indicted proves that he has been charged with
all ist lat ehnxvf hat
he is charged with having fled from justice. 1t is
impossible to show the quo amino with which he il
found in another State, except from the fact that
he hns committed crime elsewhere, that he has
been indicted for crime. and if caught, be is la-
bic to DO punished. The inference Of the law
therefore, is, that hc has fed to avoid tho conse-
quences Of his crime. u
The law Of Congress does not require the Execu-
tive demanding the fugitive to state that he has fed
from justice. It simply requires that "whenever tho
Executive authority OF any State in the Union or Ell
ther OF the territories, North, West South of the
river Ohio, shall demand any person "asa fugitive
from justice Of the Executive authority OF any such
State or Territory to which said person shall have
He'd, and shall moreover produce the copy of an In
dictment found, an affidavit made before magis-
trate of any State Territory Aforesaid charging
the person so demanded with having committed trea
son. felony, or other crime, certified by the Governor
Chief Magistrate Of tho State or Territory from
whence the person charged He'd, 1t shall be the
duty of the Executive authority Of the State or Terri
tory to which such person shall have fed, to cause
him or her to be arrested and secured and notice Of
the arrest to be given the Executive authority max
ing such demand, to the agent of such authority
appointed receive the fugitive, and to cause the fu-
gitiye to be delivered to such agent when he shall
appear o,.
The requsition which issued to the Gov. Of Ohio,
is in these words:
tsWhereas, it appears by the annexed documents,
which are hereby certified to be authentic that Fran
els Merriam is fugitive from justice from this State,
a., d.;s vulav In and In in