The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1860-04-05

Attorney. General Woloott for their ac-
tion in tho case of the requisition made
by the Governor Of Virginia upon the
Governor Of Ohio, for warrants for Che
arrest of Owen Brown and Francis
Merriam, who are charged with the com
mission Of certain crimes in the State.
Of Virginia, by indictment Of Grand
Jury
Gov. Dennison referred the legal and
constitutional questions involved to the
Attornoy.Gcneral, who gave tho opin-
ion upon which tho Governor predica.
ted his refusal. Tho attorney says.
"this power of surrender is of the most
special and limited naturoi-no person
can be removed from one State to an
other in virtue Of these constitutional
and statutory provisions, except on the
simultaneous occurrence Of three dis
tinct conditiong-ho must have been
charged in another State, by indictment
or affidavit, with the commission there
Of treason, felony or other crime; he
must have aod from that State to cs-
cape its justice; and demand must be
made for his surrender, accompanied
by an authentic copy Of the indict-
ment or affidavit on which the demand
| is predicated In tho light Of these
conditions or rules" Wolcott says,
"there is no allegation, still less is there
any evidence, that they ever fed from
the State Of Virginia The documents,
which consist of the indictment and the
necessary certificates, show no fight
whatever, nay, more, there is nothing to
show that they were ever within the
State, save the allegation in the indiot-
ment that the ofeuso Of which they are
accused was there committed" The
Attorney says this averment, in it's form
and in its legal effect, is entirely consis.
tent with the hypothesis that they have
never been within the boundaries Of the
State No mere formal or uusworn al
legation Of fight, be it never so clear
and unequivocal can be deemed sufic-
lent. In this, as in all other proceed
ings which affect the right Of personal
liberty, every fact on which the power
of removal depends, must be establish
ed by due and satisfactory evidence
The Gazette lawyer says, in controvort-
ing Wolcotts opinion, that evidence of
the escape Of the criminals is wholly
unnecessary, because no Governor will
demand the surrender of a criminal un-
less he has escaped, or he has good rea-
son to believe he has escaped. I'd. That
it could not be executed unless the
criminal had escaped into the State up
on which tho requisition was made
He says further that the Indictment of
a Grand Jury furnishes printq facie ev-
idonce of the guilt of the party accused,
sumc''n' to place him on his trial in ev-
cry state OF the Union, and sufficient,
by the Constitution, to draw him from
any part OF the United states to the
venue OF ms crime. II 1t should be
proved 'naI the onense was not commit
'su "l'n'n 'ne venue Iald IN his indict-
,ls"'' rNen verdict OF aequlttaI must.
W 'ouu'''". nc says, ,uf'Aer TINS has
D'oI 'ue uN'.OIm result IN every court
." '"o = ui''o states before which this
4uCs''Ou mas O'en brought This learn
~ ~ lo"y'' '"'n goes on TO cite cases, &c.
= "' law, as 's'aDI'5nea Dy the Supreme
Tu'' " '"o on''su states 49, that
"'0" '',o ''! u's'''on is Preaicated up
~" -" '-"a.'',' as IL may De- ut must
7.I'0 pOsi.''.y 'na' Ino alleged crime
" 80 0O-' u'.''ou J" ,no o'ate rom which
.l. ''o Pr''y 70 l''osou TO DC fugitive and
'. 'no P'I,y Is u''u"l'y a fugitive from
points to be established by an affidavit
when that form Of evidence is adopted
why not when an indictment is made
the foundation Of q raonisitior9 ,,Tr4L