Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-01-08

NtaNr AANlA tAN .sAtiItIaII ItlfNalNl lH kaN NEl-
eral Constitution relating to the surrender Of
fugihYe1 from justice. inasmach Is this pro,
vision eperates IN reatrsint Of liberty, q must
ne rigid.y construed, and every Csc not
AIRY included must he held as bsyOed ils
soopa ana eferT doubt must be resolved
ageinet i1s application. Riocrora as this rule
leems. ila eEis.e1ce and wisdom are alike be-
yond question. Is e Che same rule IN favor
etloeliy Which has obtained ior cealnries
Ia that ceuHtry f,om which We have drawn
our zgsssms @ egininsl julispgadencs, ard
'ne same fuie which is to-day in all ths States
epplea 2 cEminal proceedings m every stage
oi t1eif pfogrel Adopted 70 protect the
esezen agasnst Tie exorcise ofaFhiiEary pow
e, The experience Of many ages has proved
in value end it siill retains i8 plaee among
the chief safeguards Of personal security. lt
hss become fred principle Of law, ard yet
Independent Of Sc clear dictates. I an salts
bed that upon uo recognized rule Of consrpo-
ton can tho constitutional provision be made
20 cover lhe cases ip question.
These raclcmas0ns presented substantially
the same question and were fheleio1e % b
determined by iho application Of tie same
general principles bach ol them charged
the accused with the commission Of an act b
which q au owner and MASTER bad been de-
prired Of bis alleged slave The question
was thus presented, whether au act oi ibis
naiure can be considered as either treason,
felony, cg golase crime, 10 the sense in which
thele phrases ere used BY tie Constitution
Aaniiesly, B = NOT treason, aud mahifestly
i Is not felony, according to the Import Of
that Word when The Constitution was adol ted.
Does ''oihef crime" include every oIense
declared % Be such BY tie laws of q State Q
II 60, my duty tu surrender was placed be-
yond question. But this conceive would
bs . mischievioua and impEaetieable interpre-
talion. Fer Il BY ''other crime" IS meant
any act made criminal By the law Of a State,
then Tie Executlve of each State is under
Constitutional ohiieaiioa % remand It's eih-
zens 20 another, iof any act which tie Legis-
lsture Of any Sta1s may desisnnls IS crime
Ia this sense the Word ''orine'' has no other
meaning than ihst which Legislature. in is
discretion, nay give It's andthe copstitutiop-
sl ohiratoa Fl the kxecn6Yeni each stale
Woull he created hg the caprice. and the lib-
erty q lte 1ia1en would De- deprived. upon
he legs is'ation 81 tho Others. 6uch censfrue
tlou u tde cohsdtGtional progiaiea co1ld DOT
d tolerated, FOR Il would lead to inhniIs
abuse; nor c0ulai6 obiigatioai he enforced.
II, then, BY i'6ther crime Il was not in
tended TO make the citizens ofeach STATE la
be 70 rendition d the discretion Of the Leg
islatnre of every other State, and more lin
ited and de6nite meaning is % be given 10 the
terln scr other crime where shall that lilni-
tadoa Be foundi
The provision under consideration was in
tFoduced as 8 rule Of international law be-
tween the Sistes. As international law il
must have q definite meaning understood and
Eecognized when entered into By the States.
at must have the same meaning - al the
Stataa Itz construction, therefore. must be
es,elmined 6F The general and accepted
mearirr of lie ferm7 used al the tiue the
provision ives adopted.
Whist then, was the received aecsptstion
Of the words s'treason, felony or other
crime, when the Constitution Was framed
The common law, its jury indicimentr rule
Of evidence, and definition Of felony and 9TH
er esimes or misdemeaners, was interwoyen
with the criminal iurisprudsuce Of all the
original thirteen States Of the Union. The
Constitation ITSELF mere than once expressly,
fkrE VII, amendments( and eyerywhere by
noeessFy inplication, recognizes this system
asaparf Of the national Jurisprudence and in
the Federal tribunals it IS constantly appsal-
&c To- not n. . 1lasll VI t1llrlAltluAl R4t -
the means BY which 8 jurisdiction, when
given, is 70 be exercised, and IS furnishing
the rules BY which the grants Of power ofthe
Constitution are 70 be interpreted and applied.
The very phrases s'ireason, felony, and other
crime IN the provision now in question comes
70 rs from that source, and without reference
toit enc at least Of these phrases is utterly
rnfnoalig gfble. These considerations are cOns
elusive that the Constitution at large, and es-
pecially this clause Of It, was drawn with di-
rect reference to the system Of the common
law, as aforiing the guide 70 its exposition
and administration.
That the odenses stated IN these requisi-
aipns are unknown to the common law IS too
manifest 70 need remark.
Although ths rule Of the commoR law
seems to be q safsguide in determining lwhat
srs crimes within The meaning of The Con-
sfitGtiOn, / have not been governed by that
alone.
This provision Of the Constitution as has
already been siated, is rule Of International
law between States. Its construction may,
therefore g very properly determined by m
ternational Law. The extradition Of crimi-
mails has never been extended 10 purely local
offences growing out Of domestic institu-
'edly be regarded. in an express compact be-
tween two States, as relating not merely to
grave offences deemed wrong by the general
conscience Of the Christian world, tut as
crimes By the laws and usages Of all civilized
nations
u then, the crimes referred % in the Con-
stitution ara not any acts whatever, which
any State may capriciously declare to be
the meaning Of the Consultation must be found
in what are defined % be crimes by the COM
mon law, or recognized as such By the law Of
nations. ltisclsar that neither the common
nor international law, recognizes the acts
named in these requisitions es crimes, and
cannot admit nor do ! believe any State
wsuld admit that It's citizens are subject to re-
qulsitions for any act which any other State
may declare 70 be a crime.
In reaching this conclusion / have not been
mnmindful OF the Inconvenience to which it
may sometimes give rise. Occasionally il
must doubtless happen thst an offender against
the local laws and the local policy Of one
State viii escape punishment BY seeking re-
fuge in another State. This fortune, how
ever, befalls al cotermin nous States, and has
not be found 10 entail serious mischief, or to
disturb the harmony Of their peaceful Iela-
uons. oe-lue.l MS lnnhltely oetter tnat an
offender should occasionally escape, than
thai q State should be obliged 70 recognize
and enforce Che laws Of another jurisdiction
Inconsistent with her owu policy, and con-
trary to the genernl usages Of Inanlind.-
Every rule must be more or less imperfect,
but The one which has seemed TO me 10 be
Contemplated BY the Constitution itself is
perhaps, as lsnltless as any that could be de-
visad. i acoords with the principles Of nat
ural justice the obligations Of good neigh
borhood. and The comfy Of nations, while
1saIae time, il respects the sovereignty
of ghs State, and secures the citizen his Just
measure Of protection.
Such are thseonsideations that detsrmined
my action in regard TO the requisitions re-
ferred to. Had been clothed with the legal
authority, would have promptly surrender