The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1860-04-04

omission which is merely formal, or which
may be corrected, it is the duty Of the Cover
nor of Ohio, to cause the accused to be arrest
ed end secured. II she has complied with the
law and the accused is in custody. 1t is his du
ty to deliver him to her agent. This is an OBJ
ligation which should not be lightly violated. -
This is the comfy between friendly sovereigns
which is contemplated by the law ami we'll un.
derstood and acted upon BY the sires, whose ex
amples in this kind and other matters, if fol.
lowed, would render US united and happy
people.
IT, then, the law authorizes it, what ought to
have been done by Virginia, which she ha
failed te do, which renders the law inapplica
BILE and without force in"the presen, case? Thu
brings me to consider the de Cects or iniormal
ties which are alleged by the Attorney Gener
al to exist in the requsition. That officer states
that the accused must have been charged BY
'indictmentsor affidavit with the commission 0
treason, felony or other crime" In this case
the requistion was based upon an Indictment
in which Grand Jury, at q special term oftht
Circuit Court Of Jefferson County, on the 8tl
day OF February last, found true bill agains
Francis Merriam "for advising slaves to rebe
and make insurrection;fo for conspiring with slaves
| to rebel and make insurreetion, and fer consp
ring with certain persons to induce slaves tc
rebel and make insurrection," an offence made
felony by the laws of this State. A copy of the
indictment certified by the Clerk of the Court
whose signature and official character was au.
thenticated by the seal Of the State, accompa-
MED the requisition. This is admitted to be a
sufficient compliance with the first requirement
OF the law, laid down as essent ial.
In the next place, it is said, she must have
fed from that State to escape its justice;" and
the objection is, that "There is no allegation,
still less is there any evidence, that Merriam
ever fed from the State of Virginia." The
Constitution of the United States declares that
person charged with crime, "who shall flee
from justice and be found in another State "
shall be de delivered up. The object of the
Constitution is, that when person has left the
jurisdiction Of State, where a crime is com
mitted, is beyond its authority, where its legal
process does not extend, and is found in antho-
er State, that she State in which he is found
shall restore him to the State which has lost
jurisdiction, that it may proceed to haye him
punished. The fact that he is found in the
State of which he is demanded, goes to corro-
berate the charge that he has fed from Justice
The fact that he has been indicted, proves that
he has been charged with crime. Then, all
that is necessary, is to show that he is charged
with having fed from justice. 1t is impossi-
BILE to show the quo amino with which he is
found in another State, except from the fact
that he has committed crime elsewhere, that
he has been indicted for crime, and that, il
caught he is liable to be punished. The infer
ence Of thu law, therefore, that he had fled to
avoid the consequences Of his crime.
The law Of Congress does not require the Ex-
ecutive demanding the fugitive, to state that he
has fled from justice. 1t simply requires that
whenever the Executive authority of any State
in the Union, or either Of the Territories,
North, West or South Of the river Ohio shall
demand any person as q ftgitive from Justice
of the Executive authority of any such State
or Territory, to which such persons shall have
fed, and shall moreover produce the copy of an
Indictment found or an affidavit made before a
magistrate Of any State or Territory as afore-
said, charging the person so demanded with
having committed treason, felony or other crime
certifi ID by the Governor or Chief M M.gistrate of
the State or Territory as aforesaid, charging
the person so demanded with having commit
ted treason felony or other crime, certified by
the Governor or Chief Magistrate of the State
or Territory from whence the person so charg
ed fed it shall be the duty Of the Executive
authority of the State or Territory to which
such person shall have fed, to cause him or
her to be arrested or secured, and notice of the
arrest to be given to the Executive authority OF
the State or Territory to which such person
shall have fed, to cause him or her to be arres-
ted and secured, AMI notice of the arrest to be
given to the Executive authority making such
demand, or to the agent of such authority ap
pointed to receive the fugitive, and to cause the
fugitive to be delivered to such agent.
The requisition which l issued to the Gov
ernor of Ohio, is in these words:
"Whereas it appears by the annexed docu-
ments which are hereby certified to be authen-
tic, that Francis Merriam is fugitive from JUS
tice from this State, charged with advising
slaves to rebel and make insurrection, and with
conspiring with certain persons to induce slaves
to rebel and make insurrection. Now, there
fore, !, John Letcher, Governor of the State of
Virginia, have thought proper, by virtue of tho
provisions Of the Constitution of the United
States in such cases made and provided, and
OF the act Of Congress passed inpursuance there
of to demand of the Executive authority of the
State of Ohio the surrender of the said Francis
Merriam as fugitive from justice to be deliv-
ered," &C., &c. Now, If as alledged, the doc
uments annexed to the requisition did not
show that Merriam was fugitive from justice,
those words in the preamble were mere sur
plusage; but those documents did show that
he was charged by indictment with felony
The requlsition shows, that in making the de-
nand did assert that he was fugitive from
ustice, and in the very terms of the act of Con
yress "as fugitive from justice" thus comply
ng fully with the requirements Of the law OF
Congress, II these words, "thereicre, |, John
Leteher, &c, have thought proper, &c, to de
nand, &c, the surrender of the said Franc is