The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1860-03-21

and reflect upon the consequences that must
nsue if such things are suffered to 90 unrsbu-
ked.
Gov. DcnniSOn und A ttarRey Gene
erai WOtcOtt---The False Reason
Assigned for not Obeying the Conn.
mandS of the Constitution iM DE.
hVering up FugitiveS from JnS.
tice --- The True Reason Given,
Ec.
OF all the miserable special pleading, dis
graceful to half educated Pettifogger before 9
newly elected Justice of the Peace, the opinion
of Attorney General Wolcott, given to Cover
nor Dennison, against the rendition Of Owen
Brown and Francis Merriam, fugitiyes from JUS
tice, charged by indictment with certain crimes
in the State of Virginia, is the most barefaced
and silly, and like the "succedaneum" Inaugu-
raj Of the Governor, will give its author an i'm
mortality which q man of sense would be Gar
| from coveting.
We give below this extraordinary document
and trust it will be carefully read: .7
From The Ohio State Journal
COPY OF LETTER FROM GOV. DENNIsoN TO GOV.
LETcHER.
STATE OF OHIo,
Executive DEPARTMENT,
COLUMBUS, March 8, 1S60.}
Iii, Erre1ency .ze
John Letcher,
Governor of Virginia. -ens ii
SIR--l have carefully examined ths requisi-
tions of your Excellency, and their accompany
ing documents for the extradition Of Owen .
Brown and Francis Merriam charged with be-
| ing fugitves from the justice of Virginia and
as now being within this State; and am salts
fled that no sufficient case is presented to au-
thorize me to issue either OF the warrants ask.
ed for The reasons for this conclusion are
fully set farth in the copy of the opinion of the
Attorney Genesal ofthe State; to whom SUBJ
mitted the papers in the case, which have the
honor to transmit to you herewith. With sea-.
timents Of high respect, ).
Your obedient servant, .s.e~
w. DENNIsoN. Ia
OPINION OF ATTORNEY GENERAL woLcorr.
| OFFICE OF THE ATTY GENERAL,
COLUMBUS, O., March z, 1850. sf
SIR-I have thoroughly considered the Ro-
QUESTIONS Of the Governor OF Virginia made
upon you as Governor of Ohio, for the extradi-
tion OF Francis Merriam and Owen Brown which
you have submitted for NV opinion.
These cases are essentially alike-the charges
against each of the persons substantially SINH
lar-the annexed documents of the same gen.
era import, and the requisition as to each in
precisely the same form-so that the dispose
ton OF one is in effect the disposition of the 9TH
er To avoid the needless multiplication OF
words, shall herein consider only the Requ,-
| sitiOn of Francis Merriam. Ri. -.
This requisition begins with preamble reci-
! hat N,rh - Al.
documents, which are hereby certified to 10
authentic, that Rrarcis Merriam is q fugitive
from justice from this State (Virginia) charged
with conspiring with slaves to rebel and make
insurrecton, and for conspiring with certain
persons to induce slaves to rebel and make in
surrection." And the proceeds in the ordinary
| form to demand of the executive authority Of
the State OF Ohio the said Francis Merriam az
a fugitive from justice, to be delivered to M.
johnson, who is hereby appointed agent to re-
cieve him on the part of this commonwealth"
These are the parts of the requisition itself ma
terial now to be noticed The only documents
annexed are ID a transcript of certain proceed
| nes had before the Circuit Court OF Jefferson
County, Virginia, from which it appears that an
indictment had been duly presented against
Merriam;(2) copy ofthat indictment in which
he is charged with the offences mentioned in
d.
Brown, Clerk of that Court, under its SEAL 'that
the foregoing is true transcript form" its rec
ords and (4) the certificate of John Kennedy. y
| Judge Of the Twelfth Judicial Circuit of Vir-
gnia, holding special term of the Circuit Court
Of Jefferson County, that Robert j. Brown is
Clerk Of that Court, and that his said attestation
is in due form"
Upon this state Of case, the question is made
concerning your power to issue a warrant for
. the surrender OF Merriam to the authorities Of
Virginia.
No enactment Of this State has clothed its
Governor with authority to surrender to anoth-
er State fugitives from its justice seeking refuge
here. Whatever power he may have in this be-
half must be derived from the Constitution Of
the United States and the act OF Congress ..re-
specting fugitives from Justice" approved the
18th OF February, 1793-since these are the on
ly enactments, assuming to confer this authori-
ty, which have force in Ohio. These are so we'll
known as to require no recital here. The act
Of Congress- it is to be noticed docs not seek to
enlarge the power Of extradtion beyond the linn
its imposed on it by the Constitution, and any
tempt at such enlargement would be utterly
void Recognizing those limitations, it simply
defines the mode in which the power, as estab-
lished by the Constitution, shall be executed.-
This power, both as to the condition of its ex-
lstence and the manner OF its exercise is Of the
most special and limited nature By their
very terms, no person can be removed from
one State to another, in virtue of these Con.
stitutional and statutary provisions. except on
the simultaneous occurrence of three distinct
conditions. u @ 1t tA8 Eahs
l. He must have been charged in another
State, by indictment or afiday I, with The com.
IN ssion there of treason, felony or other
crime" y a., '# #aE 6t
i 2, He must have fed from that State to az.
cape its justice. and s fae-ae IN, r.s.st.es
g. Demand for his surrend err accompanied
by an authentic copy Of the indictment Or afis.
davit on which the demand is pred cated = must
have been made Of the Executive authority OF
the State to which he fed, by the executive
authority of the State from which the tight
was made. ''1' ~
When these do eoncurrsntly happen. the
p'wer TO deliver results, and must be executed.
E,ch however, ID in the nature OF precedent
condition; SO that the absence OF any one AZ
them is not less atal than the absence Of them
all. - IN -as4
These and not less than these, are the lim,.
tations with which the ight OF extradtion has
been carefully hedged out bv the Constit,,-
ion and the act Of Congress-. In the very q, sr.