The weekly Lancaster gazette. (Lancaster, Ohio) 1860-1863, 1861-01-17
LANCASTER, OHIO, THURSDAY, JAN. II 1861

, l..
involved matters Of tie greatest momep
The reclamation in one case is found. d o
a charge that fugitive had stolen Ger
tam slaves, with intent 10 defraud III
imputed owner; and in tie other case
the demand was predicated on au indie,
ment charging the accused with aidipg
female slave to escape from he
owner and pcssGsot" Tbesc cases di
not In my judgment, fall within the soon
OF the authority conferred on me in tlii
behalf, and my conclusion, with the rea
son therefor, was duly made known +
the Executives by whom tie reepoctiy,
demands had been made. Each replied
eontroverting the rightfulners Of my con
clusion. wa
The legislative power vested in tb,
General Assembly comprehends an au
thOrlty to provide for the surrender OF
ingitives from justice in cases not covered
by the Federal Constitution. and tbi.
consideration. added to the Importance of
the subject its'lf, seems to render it prop.
er that the reasons which, in these in.
stances, controlled my action, should @
laid before you.
The persons demanded by these recla.
nations were then sojourners within this
State owing to its allegiance, and entitled
TO the coreIative right of protection. It's
constitution and laws secured 10 Them
while dwelling here, the same MEASURE Of
personal security viii h belonged 10 its
own citizens. Speaking tho language of
the great charter of English liierlies /"
the State had declared that no one within
its limits "shoull be deprived of life, lib
erty, or property, without duo process of
law" The same principle has, in some
form, oeen asserted BY every other State,
and finds conspicuous place in the Con.
s'itution Of the United States.
Upon the requisitious being made i,
was my first duty to inquire whether the
cases were such as called for the exercise
ot the power thu, invoked. 1t was read
ny "scertained that all my authority, in
this behalf, came from the f,milar pro-
Vlslcn OF the Federal Constitution relating
% the surrender of rugltives from Justice
Inasmnch as this provision operates in re.
lralnt OF liberty, it must be rigidly con
trued, and every case not fairly included
must be held as beyond its scope, and ev.
ry Gouot must he resolved against its
pp'ication. Rigorous as this rule seems,
is existence and wisdom are alike beyond
Iucslion, IL is the same rule in favor of
Iberty which has obtained for centuries in
ha! country from which we have drawn
ur systems Of criminal jurisprudence and
he same rule which is to-day III all the
dates appr.ed to criminal proceedings in
very stage of their progress. Adopted
o protect the citizen against the the ex-
rcIse OF arbitrary power. the experience
many ages has proved its value, and it
TILL retains its place among the chief safe.
yards OF personal security. 1t has be.
om9 fixed principle of law, and yet, in
ependent of its clear dictates, l am sat
ihed that upon no recognized rule of con.
.ruction can the constitutional provision
made to cover the question.
These rerlamations presented substan-
ally the same question, and were, there a
ire, to be determined by the application a
the sante general principles. Each of I
lem charged the accused with the com. T
'ssion Of an act by which ian owner n
nd master" had been deprived of his al i
ged slave" The question was thus f
'esented, whether an act of this nature O
IN be considered as EITHER ''treason, fel- u
", or other crime," in the sense in Ii
hich these phrases are used by the Con- Ii
tuition, Manifeslly, it is net treason, n
ID manifest'y, it is not felony, accord. e
g TO the import Of that word when the n
institution was adopted o
Does "other crime include cvery of. h
nse declared TO be such by the laws of a p
ate? II SO, my duty to surrender was o.
iced beyond question. But this con. fe
nceive would be most miscbievous and d.
practicable Interpretation. For, if W
'ther cline" is meant any ac. made
IminaI 10y the law of a State, then the III
,ecutive oil each State is under conslitu. ii
NAL obligation to remand its citizens to III
other, for any act which the Legislature 10
any State may designate as a crime III
this sense the word "crime" has no IN
Ter meaning than that which Legisla- p,
re, in its discretion, may give it; and OF
constitutional obligation of the Exec. re
We Of each State would be created by he
caprice, and the liberty of the citizen is
uld be deprived, upon he legislation ty
The others. Such construction of the bi
nstitutional provision could not be tol co
ted, for it would lead to infinite abuse;
could its obligations be enforced. nc
Ii, then, by "otbcI crime" it was in. ed
ded 10 make the citizens of each State by
bic to rendition at the discretion of the uI
gislature of every other State, and pI
re limited and definite meaning is to he ac
cn to the term "or other crime" where go
Ill that limitation be found? Ia
The provision under Consideration was wi
reduced as a rule Of international law ce,
ween the States. As international law ''v
must have definite meaning, under. tic
cd and recognized when entered by the isl
ties. 1t must have the same meaning trc
all the States. Its construction, there co
G, must be determined by The general FIRE
accepted meaning of the terms used se
he time the provision was adopted.
What, then, was the received accepta fel
of the words treason, felony, or tr,
tr crime, when the Constitution was the
ned2 in
The common law, lis jury. indictment, Sh
IS of evidence, and definition Of felony Ma
other crimes and misdemeauors, was me