The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1860-03-15
.,snAY MORNING. MARCH IS. 1890.
--.,,,,,, -....,1 ASSEMBLY OF VIRGINIA.
SENATE.
WEDNESDAY, March "a. 1850.

WEDNESDAY, March IA, 1850.
.,eo.,losk A Nj, the Senate was called to
Lent. Go,. MoNrAGrE, who spent
Ea'' - IN signing enrolled bills.
.',ae .",a;e were notified that The House had
fh 49, ,he Senate resolutions 10 provide
s.-f"d - 9,,,e for the jefferson Guard
~ SN'.. r.~.v Erpfnxfs.--Th Commission
E'I i,ad 10 audit and pay the Harper's
- SPY ronnts were diree ted TO report to the
IsT'l iisf of ALI the claims allowed by
~SS' lie; Of all claims now pending before
;S'- "A MT audited. and its' of All claims
tAFf' w. n them and disailowed-specifying
gres'" sasa he nature and amount of the
q r"' /, cases Of pay meuts on account of
~ n # companies, the report shall only
ps'' mo designation OF the company and
s".-,,onnt allowed. They wiii also, as far
= AH-...i.sAl~. report The probable amount of
N!.-ssa.ag claims:
G, t,,. THE following bills We're re-
,y Ry Mr. French with leave, a bill
rofro.,.,,.orate ~, the Peters,own Woollen and
70 l lh' Manufacturing Company, in the conn
T.. : Monroe or Giles; Icy MI August. from
! y |,mml;fec on Military Affairs, u bill 10
iEf az act passed The - day of -.
sHi''iad sHii''iad an act making an approx Ration OF
ra,', . ',V for The purchase and manufacture OF
= and munitions OF war.
STE ~ EpsInrsS.--Dn motion of Mr.. Coo
- uonsr ball authorizing the sale OF free
BIZ, INTO slavery, who are sentenced TO re-
Nt,V-n-,aiu puuishrnents and imprisonment I,
'7.'' .f.rrrd 10 the Committee OF Courts VI
+,a massage of House bii for the relief OF
| s-oo roiuer of Augusta, was commnnica-
In ,Ae Senate by Nr. CHRISTIAN, OF An-
- senate on motion Of Mr.. PAXTON, took
Tsm,s River and kanawha Com pauy
| " Mr. WiCkuAN offered substitute there
- which was ordered 10 he printed. On
.,on of Mr. PAXTON. the bill was then made
- o,der of the dsy for Tuesday next ut IL !.
- Gor,,Bay of O{io.-The suhioined inter-
W. communication. with The accompany
- r,megts were submitted by the PREsI.
= - he Senate. Cn motion of Mr.. john
hoy were ordered TO be printed and re-
"a 10 The Committee Of Courts of Justice
| ~ ppAsYoS moved that 1000 extra copies
| A-urInlrd Carried.
EXscUTivR DFPARrNKNr.t
March 18th. 1853.
c,-,.,p,n Of The Sengts mud Hons, Of Dsi.gatts ::
0s he p h das ni Februar. last, upon informa-
80 ,ed 10 ba reliable. issued requisjtion
=. ne Executive authority of the State of OHIO,
| IN Frsnc,s Netriam and Owen Brown, two Of the
,.,.oas fnsastd with John Brown in the raid at
| aresr's Ferry. In reply to that requsition, |
.srs fers yed = COM mum cation from Gov. DenLi-
-. @! taai stste declining To surrender these fu
,Ir,t from justice, Tor reasons which are, IN nv
.as,uent, rs tTtToous as those which were as
-s.aI ~ t,ov. KlTkTood, of Iowa, and which,
Ia, ,ogether. demonstrate u determined pur-
- .u The v.ft OF The Governors of these States
| +sfs.e compliance with the express provisions
| i las Consttuiion OF the United States, and the
~, made 10 execute those provisions.
Goy ueguisou informs lie that the reasons for
h, 91c lson are Iu!l' set forth IN the copy of an
ssr,eG nj TIE Attorney tieneral oi Uaio, which he
a., "a. I lie tjuyefnor's letter and hat opinion
..s ier-u n transmitted for your consider ration
. rse Attorney General ii ONO assigns three
sFla. way th.s rearsi'Ion should not DE complied
"I., That no Enactment of this State (0hio) has
5a,aeI the Governor wtth the authority to surren-
'sf 70 sao;ier State i4-iuves from Its Justice.
4ssok reiu.e here. whatever power he NAV
I.,e mast he derived from the Constitution OF The
lated s,stes and The act al Consress respecting
i..isos ron, iDsroe, approved l2rh February,
Cas and then he states That under that act,
"lst He must have been CHARGED IN another
| state. D Indictment ~ affidavit. with the commits
son !he e Of uesson. ieons.o or other crime
~ He must nave tied from that State tn es-
cspe It's iustce.
| ID nem.nd for his surrender, accompanied by
An authentic cops Of the indictment or affidavit on
vhrl The demand IS predtca'ed. uust have been
nAds oi tbs Executive authority of the State from
rb the hEht was male.
| When these DO coGcurrenti, happen, the rover
n remnve exists and must he executed
q He objects thsf There is no aleg alton, still
es s taere an, cadence that Merriam ever fed
ira tteStas OF FlrsInla. The Attorney Gene
Is SAYS; lrue. the preamble to the reQnIsitlon
'e-il-s hat II appear by the annexed documents
'ss' Merriam IS fugitive from Justice from Vir-
gRa, bot this recital does not accord with the fact.
ae,edH
u The Attorney General takes the ground that
there IS noihlas 10 show that he MerrIam) WAS
t'triL the State Of tlr-luia save the allegation
4 he Indictment that the offence of which he is
Z, used was there committed
propose to consider briefly these objections:
lsL There ls no law of OHIO which authorizes the
trffnnr = surrender fusitives from justice. If
,A Le So i would only prove that the State of
Vla nid refused or neglected TO comply with the
gotstfu'ionai provision. which requires that "a
fl"n ehar.ed N any State with treason, felony
GN4ei crime, who shall flee from justice and he
thar a. . %t,ol
tl'se authority of The State from which he fed,
: sei rIed up 70 lee removed to the State having
il'deetcn ui the rrIlne.'
Aa9e Examined the last revised statutes of
yhA pa"l.Saet IN 1854, ana find that from the year
EhioiAe tune vt the pubIcatio of those statutes.
Wv s.ate o ono mad made ample provision for the
alelle'e III. lFes II ON justice. This provision
NVh'Ahrd IN me ninth section OF the act securing
~ 'ehsht oi 11bfdS orpBs. ard Is IN these words:
t'",aed HAT any citizen OF this state, OF rer
tios PERSONS, at any time resident IN the same,
sta nave committed, or be charged with having
so~nued. any treason. felony miste meano IN
al ofhs part of the United States or Territories,
saf he OF she oug h, to be tried for such offence,
a'thf OF they may he sent tn the state or Tern
wy hafing jurisdiction Of the offence" But to
a. institution, that proviso was repealed by an
AZ Passed IA lsi6, ~ which the act repealed was
s,oic;ed, onltting the words quoted; and again.
liss he repealed act was again repealed, but re-
'lAeed With the game provIso omitted
,sseh me Governor al ONO pleads through hIs
a"ah,i General the fact that there is no law Of
V5o oFach authorizes the Governor TO sure nder
sis,te from justice. II there be any law OF that
'ssaeh authorizes the Governor TO demand a
.-.iTeirom the justice of Oaio, have been as un
l., tSCl "a hndlns 1t as GoYcFnur DeunIson has
~ h1aGini the other. And yet the constant pTac-
t 'Ast State Is, and It's present tiovefnor has
'sa Upon the practice, to demand iugitlves from
NJ i the Governor of ONO were disposed to
~ OFT the friendly relations winch shonid
e-ha 2S on the statute book of ONO to justify the
',.oh OF q notorious otie nder ana 10 require
,' |" te sen te the authorities "i virginia. hnd
t.t sane Revised Statutes, an act concerning
a., e ifnm justice. passed in 1894, and the re-
-. Whlch alter the closest scrutiny, hav" not
a, s sg' te discover. which provides that when
r- re's"A snail be brought before any justice ot
9peaos WITHIN thi, State. tOh,o,t charged with
AZ, '@@liss'nH oi any criminal offence axdthSftht
SE aAG othrf >fat,, or of any OF the Terr.tn-
ne hltec States. IL shall lie lawful and x rs
, % ace the duty oil such justice oi the peace to
.s se raa fAsinne sucn charge, and upon proof b,
h. laa'e ed snihc lent 10 commit such person to
Ian q. m the COUNTY IN which such examina-
sr;;' 'dEe pace, or 70 cause ysHeh person 10 be
4,r,4 = ~ S9ns suitable person. TO tr re.
f,ls ~ ~ n, ptcper place Of jnrt tsdichoa.'
Or s .aN is still N force the friendship which
lse 1s,Isd between Virginia ard the State Of
sse ~ A .he better days Of the REPUBLIC ought to
slss, n fpGea Gea 'he Governor 10 have referred the
sd 'lislhia To that statute, and To have pro
ahs II @hs h a. s!stance IN executing its proyis-
tsit.rns " mas been repealed, then IS 1t another
tsof tbso y leeFmned purpose to enjoy the lene-
s.ls,. "v @ mon without comply ing with the obi
s,e,, imposed A ffd spectacle, exhibiting a
ost,,,aale sle Of great Ccnlederacy, bound by the
ssilne as y. oi Z compact of Union, deliberately
sAef $50 80 That conp pact, ard rcPesing laws
'oNsrr, rad enacted Ia enable her authorities
u oe. N M compact into execution. But. If II be
o'spsI fh Fh 70 II obviously one of the provisions
cossteii aesghed TO execute the clause OF the
SIN. ,ni,.a" a" the criminal is TO he delivered to
Pace nf e person. 10 he removed to the proper
.f.n ~ uhsdct,on." Who so suitable as the
fa he As s,. ssss h:s ez.radi,ion under authority
Ngaha ttss.ats having jurisdiction: VINO more
4o m .I TI's tine 'he person to whom the Governor Of
y vbeu Ia 10 recommended hun to I've delivered!
dtsrred ms ~. rsauisitlon Is made, the person
tsaautbns1..a age and has not een arrested. it
iNi Of ,Ss -, 'of HIS arrest. and when the war
A ssest ef "ovstnor IS issued for his delivery TO
sa.aor,sesV .he state demanding the fugitive, it
ssbs ma .s asiFer, u that agent, who is the
| lfsls reison ,non intended.
sttoa Of s.a'e # ONO has shown, in the exe-
ssa tia, p@ c! nilhal laws, that she does no:
a.ehssyss,.s hina's shall be allowed to escape or
Yea nlrs, T. iof mere nioTmalitien or defects
Amend an ss, c cured She has provided, in IN act
sassas tcyra securing the benefit Of the writ Of
ssae sd,,,cp passed in 1854, and to be found in
~, ssssou sssu q the revised statutes. that il
SID. Of an snai ne committed to prison or be in
siae Of ans wseer "1heer Tor any criminal matter, by