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

assert tnat was siagive rom justice, and N the
very terms Of the act Of Congress "as fsrvs from
justice" TINS complying fully with The ssqnrsmsnts
of the law Of Congress. II Hthesswords 'thsrsfore, l.
John Letcher, &c., have thought proper, tc to de-
mand &C. tho surrender Of the said rrnncis Merriam
as gifps From justse" do not make the allegation
that he has fed rom justice Il 10 diicult 70 conceive
what words could have been used that would be
more cxpltsA. The allegation therefore is made
most distinctly and directly II 10 not asnal TO s1-
hibt with the requstien evidence 70 provs that the
party has aed-indeed, doubt whether An instance
can bc produced In which has been done where the
requistlon 10 based upon an Indictment II he ID
not found In the Seate Of wch he 10 demanded, that
Ia evidence OF the fact that he has not aed there.
If he be found the Constitutions lmplIss the aeeing
and he is In be delivered up. To show, that u
Ia not usual to require ovidenes to establish this
fact where thes4QBSsAon 10 based upon indct.
mont, Il 10 only;p.esssary to refer to demand
this State. made by Governor Dennison him
self within the last month. II 10 conclusive this
point That document accompanies this commune
cation.
On the 10th day Of February last, received .
communication from enc Of the justices of the coun-
ty Of Warren, informing m shAl ho had committed
Silas Taylor to jpil, under charge Of having
mitted forgery in the eAtc Of Ohio. law Of this
State, 10 tho truo spirit Of sDmity between sister
States having made 1t the dssy of the Executive to
communicate tho information had received to the
Executive of tho State whsre tho crmo Is charged to
have been committed, directed the Secretary OF the
Commonwealth 10 give the necessary information
II was done, and Ia short time received commu-
ncaton from Governor Dennisou stating that he had
received tho letter. but asking twill you oblige me by
communicating a. yoar earliest convenience, 10 what
county in Ohio Tay lor stands charged with forgery.
This will enable mo to communicates with the prose-
cutting attorney. &C. by which to procure the proper
papers for requiston. II you do not know the
county, please send any information that will ena
bile me TO act In the premises" Instead Of refusing
to give the aid desired the Secretary Of the Common
wealth Immediately wrote 10 the Justice In Warren,
who had committed the accused TO Jail. to give the
Governor of Ohio tho information desired. Aud on
tho 2bh of Feb received rsqaisitlon from Gov.
Dennson, demanding the arrest and surrender Of 81
las Tnylcr.
This roqulsition Ia based upon an indictment, which
like the indictment In the case Of Merriam, has not
word In 1t from beginning to end, showing that
Taylor had fed from justice or bad been n fugitive
from justice and not a scintin of evidence, either
by affidavit or otherwise TO show that he was fugi-
tive. Tho only difference between the two reqhsi-
tons Is that tho Governor OF Ohio In his requiston
says "and has been represented that Sllas Taylor
fed from the justice of this Stats without saying to
whom II had been represented by whom Ii had been
represented when and how had been represented
and without proof to establish 10 The regulation Of
this State demands tho surrender Of Merriam "as
fugitive from justice without proof he was fu
gitive from justice.
What did tho Executive Of Virginia do under those
crcumstances7 Did he refuse 70 deliver up the fugt-
tive because he not proved to be fugitive or be-
casse the indictment did n assert that he was fu
gtivs7 No. Believing that sister State would not
demand criminal for trial. unless convinced that he
had violated her laws and willing 10 trust that crimi-
ndl to disqualification Ia which the offence char
ged TO have been committed Immediately issued my
warrant TO Surrender the criminal ashsd for; and hc
was delivered up to tho agent Of Ohio. Comfy and
good fellowship between States living In ffaternal
concord, under the same Union aud Government as
thought required this Of me.
What docs the Governor OF Ohio do, In case in
fnely stronger-ina case in which Il has been pub
lshed to the World that Virginia ksd been invaded
by set of desperadoes, who wsre engaged In mar-
dering her unoasnding citi.sns. and 10 deseOra.ng
her soil iu which the names OF the Offenders have
been established, and reward has been offered for
them as men who have fed from justicN who arc
known to be guilty beyond the possibility OF doubt
lie coolly sits down, and submits requisfou for
these offenders which is issued in ths usual FORM to
the acucness of his Attorney General TO pick flaws,
and search for lnibrmalities and defect TO give aco
Of reason to deny the exradnion so that tho often
dcrs may escape, before the defect ifit be defect,
can he remedied. And, before information 10 given
mo Of any defect find Il telegraphed 10 the world
that my requisiton has been refused. Asd, am
told, "whethcr this defect be cured, is question
which addresses itself solely 70 the authorities OF Vir-
ginia" should feel that the State OF Virginia would
be humiliated III should attempt IL. after obeeions
like these and after the she has pursued 10 tho
State Of Ohio In similar cases. re-
But, Sd. The Attorney General Of Ohp objects, that
"thcra Is nothing to show that Merriam was in
the State Of Virginia, save the allegation Ia the in-
dictment that the offence Of which be accused WAS
there committed" Tho FIRST objection was that there
not one word In the indictment TO show that Mer
ram had fled from Justice and now the objection Is,
tnat the allegation that he was in Virginia is
found nowhere save In the indictment, Where else
should II be found2 The act of Congress provides
that the ngitves nre to be demanded on the esr6ed
copy OF an Indictment becfuse the Indictment sets
forth tho offence formally In this s Il is expressly
stn,ed iu the Indictment that sssGfd Francis Merriam
being free person the feth and l1th days Of tho
month Of October In the year 1882 In the county of
Jefferson and Commonwealth OF VifRinia and within
the jurisdiction Of this court did commit the offence
with which he was charged What lsnguage could
be used % express tho thought more fully and moro
explicitly7 .su,s-sg 3s..a q
The Attorney General turtle, ays "rhe ueces-
sy of insisting upon rigid proof flight viii not DO
doubted by any one familiar with The act, thss 10
some Of the States practice has grown up Of demand
ing the surrender fagitves nom justice nom ho.e
States Of persons who have never bssu within their
limits on e legal fiction Of constructive rrosnce
md constructive fight. Nis not knewn shes snis
practice has obtained In Virginia, nSf u H nAeseA
to enquire as all requisitions from wh.ssysr -.
practice has prevailed In any ofhe States eths Unon,
the Attorney General should have sxpsssd uuch 6tar
tes-ther names should havs bsss given % ~ sosn-
try, He doea not know that snsh spsactase Aae Oh
tained In Virginia." Then Why intimate saaA .
charger Was tho deliberate purpess u The Attosay
General of Ohio, 10 add insult 10 outzagsS nld the
Gov. Of Ohio intend togivs biz sndosssnsnS - The
insult 90 gratuitously onsred by his Attomsy GepA
Virginia is without the slightest e1euse
as tho Attorney General and The 0etuAe Ohio
both ought to know. TX. sgs " - - IL
And, now, In conciusioa /. ~ s5ssS uAish has
been pursued By the Authoritiss oftk6 6&S u Chic
and lows. is 70 become The sstslsd Isy y ths bon
measures for protection asaiHsl thsss eoss sasaEes
upon our rights ~ win ~ an11sd 70 ths eAsss Ne