Pomeroy weekly telegraph. [volume] (Pomeroy, Meigs County, Ohio) 1860-1866, 1861-01-25

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derstood and recognized when entered
into by the States It must have the
same meaning in all the States. It's
construction, therefore, must be deter
mined by the general and accepted
meaning Of the terms used at the time
the provision was adopted.
What, then, was the received accepta-
ton of ahe words, &C treason, felony, or
other crime" when the Constitution was
framed +?
The common law, its jury, indictment,
rules Of evidence, and definition of fell
ony and other crimes and misdemeanors,
was interviewer with the criminal juris-
prudence ofall the original thisteen States
of the Union The Constitution itself,
more than once, expressly, Cart. VII,
amendments,) and everywhere by necss.
lsary Implication, recognizes this system
as part of the national Jurisprudence /;
and in the Federal tribunals it is con-
stantly appealed to, not as source Of
jurisdiction, but as the means by which
Jurisdiction, when given, is to be ex-
ercised, and as furnishing the rules by
which the grants of power of the Consti-
tuition are to be interpreted and applied.
The very phrases treason, felony, and
other crime in the provision now in
question come to us from that source,
and without reference to it, one at least
of these phrases is utterly unintelligible
These considerations are conclusive that
the Constitution at large, and especially
this clause of it, was drawn with directed
reference to the system of the common
law, as afording the guide to its exposi-
ton and administration.
That the offenses stated in these requi-
sitions are unknown to the common law
is too manifest to need remark.
/ Although the rule of the common law
seems to be safe guide in determining
what are crimes within the meaning Of
! the Constitution, have not been gov
erned by that alone.
This provision of the Constitution as
has already been stated, is rule of in
ternational law between States. Its con-
struction may, therefore, be very prop
erly determined by international law
The extradition of criminals has never
been extended to purely local otfenses,
growing out of domestic institutions, and
the word 'crime" would undoubte lily be
regarded, in an express compact between
two States, as relating not merely to grave
ofenses deemed wrong by the general
conscience of the Christian world, but as
crimes by the laws and usages of all civ
iliZed nations.
If, then, the crimes referred to in the
Constitution are not any acts whatever,
which any State may capriciously declare
to be such, the meaning of the Constitu-
ton must be found in what are defined
to be crimes by the common law, or re-
cognized as such by the law of nations
1t is clear that neither the common nor
international law, recognizes the acts
named in these acquisitions as "crimes," F"
and [ cannot admit, nor do | believe any
State will admit that its citizens are sub
ject to acquisitions for any act which any
other State may declare to be crime.
In reaching this conclusion have not
been unmindful of the inconvenience to
which it may give rise: Occasionally it
must doubtless happen that an offender
| VIC AOSd1 LAWS dI0 Vic lOCdI PO1"
icy of one State will escape punishment
by seeking refuge in another State
This fortune, however, befalls all coter-
minus States, and has not been found to
entail serious mischief, or to disturb the
harmony of their peaceful relations.
Besides, it is infinitely better that an of
FENDER should occasionally escape, than
that State should be obliged to recog-
nize and enforce the laws of another ju-
risdiction inconsistent with her own pol.
icy, and contrary to the general usages
of mankind. Every rule must be more
or less imperfect, but the one which has
seemed to me to be contemplated by the
Constitution itself, is, perhaps, as fault
less as any that could be devised 1t ac-
cords with the principles of natural JUS
tice, the obligations of good neig hbor-
hood, and the comfy of nations, while,
at the same time, it respects the sove-
reignty of the State, and secures the cit
izen his just measure of protection.
Such are the considerations that de-
termined my action in regard to the re-
quisitions refsrred to. Had been
clothed with the legal authority, l
would have promptly surrendered the
accused parties. But my sense of duty,
fortified by the long established practice
of this department, did not permit me to
treat them as malefactors for the pur-
poses of extradition. / therefore de,
elined to surrender them.
SECESSION.
You assemble at period of extraor.
dinary interest to the country. For
eighty years the people of the several
States of the Confederacy have lived in
peace with each other Fraternai ties
have bound them together, and fraternal
Offices have heen mutually discharged
to their mutual prosperity and happi.
ness. During this period the nations
progress has been uninterrupted. The
great purposes Of its formation have been
in steady process of eopsummation. The
wise policy by which, for the most part,
it has been governed, in cherishing our
resources and cultiVating peace with
all the world, has elevated our character
abroad, and confirmed our prosperity at
home. From people feeble in numbers
and resources at the beginning, we have
become one of the leading powers of the
world. In agriculture, manufactures,
commerce and navigation, in all the use
full arts, we are in the front rank of ma
tions, while the influence Of our civil
institutions, founded on the consent of
the people, and recognizing the equality
of all men before the law, and their in
alienable rights to life, liberty and the
pursuit of happiness, is moderating the
despotism Of other governments, AMI
arousing the oppressed natioualities of
the world to the assertion Of their rights
AT home the Republic bas given to its