Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1861-01-18


supply now owned by the State is adequate
to her wants. Other States, under similar
circumstances, have supplied the lOos and
waste by purchase.
The annual quota received from the Gen.
eral Government diminishes with the nc
ccssion Of each new State and Territory. It
is at present less than 1000 muskets in
value; and when other arms, or the neces.
sary accessories 70 keep other arms in SER
viceable order are substituted, the number
of muskets is diminished to the extent Of
the substitution. II is obvious, therefore,
VIC cannot look TO the General Government
for a sufficient supply Of arms for an effec-
tive State military organization.
SALARIES OF ADJUTANT AND euARTER-MAs-
TER GENERAL.
Your attention is also invited to the du-
ties Of the Quarter-Master General, and in
this connection to the phraseology Of the
last general appropriation bill, by which he
has been prevented from drawing the com
pensation due his services as armorer. The
salaries of both the Adjutant and Quarter
Master General are merely nominal. This
ought not to be. Their duties are arduous
and of grea; responsibility.
STATE ARSENAL.
During the recess of the General As.
sembly the State Arsenal has been com
fleted to the extent provided by law, un-
der the immediate supervision of the Quar-
ter-Master General. 1t is a substantial
edi6ce. Estimates for its completion, TO
meet all the purposes contemplated by its
erection, will be furnished by the Adjutant
General
Ihave thus called your attention to such
topics in connection with the State Militia
as require the application of money. The
aggregate is sufficiently reasonable when it
is remembered that it will bring to the
practicable test, the experiment on the part
of Ohio, as State, seriously and effective
ly to give animation and strength to a
thorough and well-balanced militia system.
RENDITION OF FUeIT1vEs FROM JUSTICE.
During the legislative recess, the power
of the Executive of the State to surrender
fugitives from justice has frequently been
invoked, and though as a rule this class Of
cases does not require special public notice,
yet in two instances the applications involv-
ed matters Of the greatest moment. The
reclamation in one case was founded on a
charge that the fugitive had stolen certain
slaves, which intent to defraud the imputed
OwHUTi aud IN the OtheF Case, the demand
was predicated on an indictment, charging
the accused with aiding "female slave" to
escape from cher owner and possessor."-
These cases did not, in my judgement, fall
within the scope of the authority conferred
on me in his behalf, and my conclusion
with the reasons therefor, was duly made
known to the Executive by whom the res
pcctive demands had been made. Each re
piled, coutroverting the rightfulness Of my
conclusion.
The Legislative power vested in the Gen
eral Assembly comprehends an authority tc
provide for the surrender of fugitives from
justice in cases not covered by the Federal
Constitution; and this consideration, added
TO the Importance of tho subject itself, seems
to render it proper that the reasons which
in these instances, controlled my action
should be laid before you.
The persons demanded by these leclama
tions were then sojourners within this State
owing TO it allegience, and entitled to cor
relative right of protection. Its constitu
tion and laws secured to them, while dwell
ling here, the same measure of persona
freedom and personal security, which be
longed to its own citizens. Speaking thu
language Of the "great charter Of Englisi
liberties" the State had declared that ne
one within its limits "should be deprived o
life, liberty, or property, without due process
of the law" The same principle has, il
some form, been asserted by every othe
State, aud finds conspicuous place in tn,
Constitution of the United States.
Upon the requisitions being made, it wa
my first dnty to inquire whether the case
were such MS called for the exercise thus in
voked 1t was readily ascertained that al
my authority, in this behalf, came from tn,
familiar provision of the Federal Constitu
ton relating to the surrender of fugitive
from justice. Inasmuch as this provision
operates in restraint Of libeIty, it must b
rigidly construed, and every case not fairl,
included must be held as beyond its scope
and every doubt must be resolved agains
its application. Rigorous as this rul
seems, its existance and wisdom are alik
beyond question. 1t is the same rule il
favor Of liberty which has obtained for cen
turtles in that country from which VIC hav
drawn our systems of criminal jurisprudence
and the same rule which to-day in all tn
States is applied to criminal proceedings i
every stage of their progres. Adopted t
protect the citizen against the exercise q
arbitrary power, the experience of man
ages has proved its value, and il still retain
its place among the chief safeguards of
sonal security. 1t has become fixed priu
ciple of law, and yet independent Of its clea
dictates, | am satisfied that upon no recog
nized rule Of construction can the eonstitu
tional provision be made to cover the case
in question.
These reelamations presented substantial
ly the same question, and were therefore I
be determined by the application Of th
same general principles. Each of ther
charged tho accused with the commissio
of an act by which IAN owner and master
had been deprived of his alledged 'slAve.
The question was thus presented, wheths
an act of this nature can be considered 9
either "treason, felony, or other crime"
the sense in which these phrases are use
by the Constitution. ManiEestly, il "a nc
treason, and manifestly, it is not felony, a,