Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-01-07

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seiourners within this staie owing TO II allegiance and
entitled to the coreative right Of protection It's con-
sitution and laws secured 10 them while dwelling here
cury which to H. own Citizens speaking he
language OF the great charter OF EngiAh bertes tne
State had declared that within Its
be deprived Of life, liberty, or property without due
process OF law The same principle has In some iorm
been asserted BY every other sate and
place in the Constitution Of the United States.
Upon the acquisitions being made II was my hrst uuy
oenqure whether the cases were such called for the
exercise OF the power thus invoked II was readily az
certained that oil my authority In this BEHALF came from
the familiar provision Of the Federal Constitutions Iea
ting to the surrender Of fugitves from Justice mas
much as this provision operates nrestIaint OF tery
must be gidy construed, and every case not fairly M
ouded be held beyond its scope, and every doubt
must be resolved against Its application. Rigorous as
this rule seems its existence and wisdom arc alike De-
yond question. 1t Is the same rule In favor OF liberty
which has obtained for centuries In that country from
which we have drawn systems Of criminal lurspru
dence and the rule which is to-day in all the states
applied to criminal proceedings in every sage OF their
progress Adopted to protect the citizen against the ex
ercise or arbitrary power, the experiencesof many ages
has proved Its value and still retains s place among
the chief safeguards Of personal security IL mas be-.
come fixed principle OF law, and yet, Independent OF
ts clear dctates, satisfied that upon no recognized
rule OF construction can the constitutional provision re
made to cover the cases in question
These recamations presented substantially the same
question and therefore to be determined by the ap
plication Of the general principles Each OF them
charged the accused with the commission oil an act Dy
which tan owner and master had been deprived OF his
alleged "saye." The question was thus presented,
whether act Of this nature can be considered as either
treasOn felony, other cTme in the sense In which
these phrases used by the Constitution Manesty
is treason, and manestly not felony, accord
ing to the importof that word when the Constitution was
adopted.
Does 'other crime" include every oense declared to
be such by the laws Of State II my duty to sur
render placed beyond question But this conceive
would be most mschievous and impnctcable interpre-
taton. For, IL by other crime is meant any act made
criminal by the law Of State then the Executive of each
State is under constitutional obligation to remand Its
citizens another for any which the Legislature OF
any State may designate asa crime In this sense the
word 'crime has no other meaning than that which a
hesH in is Iss ss Evs " '1 Of
each State would be created by the caprice,
and the liberty of s citizen would be deprived upon
the legislation Of the Others Such construction OF the
constitutional provision could not be tolerated, for it
would lead to infinite abuse; could its obligations
enforced .... .H.
the citizens OF each State liable to rendition at the dis.
creton OF the Legislature OF every other State, and
more limited and definite meaning s to be given to the
term or other crime, whsro shall that limitation he
found? .. ... :. l
The provision under consideration was introduced as
rule OF international law between the States, As inter
national law must have definite meaning, understood
and recognized when entered into by the States. 1t
must have the same meaning in all the States Its con.
strucon thrfore must he determined by the general
and accepted meaning OF the terms used at The time the
provision was adopted.
What them the received acceptation Of the words
treason feouy, or other crime when the Constitution
was fIamedf
The common law, its Jury indictment, rules Of evi.
dence and definition OF felony and other crimes and mis-
demeanors, was interviewer with the criminal judspru
dence Of all the original thirteen States Of the Union The
Constltion itself more than once expressly ATt VII,
and every where by necessary Implication
recognizes this system as part oil he national Juispru
dence and In the Federal tribunals 1t is constan ty ap'
peaed to, not as source of jurisdiction, but az the
means by which Jurisdiction. when given is to be exer
eised an as furnishing the rules by which the grants Of
power Of the Constitution are TO be inerpretaed 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, at least Of
these phrases is utterly unintegibe These consider.
ations are conclusive that the Constitution at large and
especially this clause Of It, drawn with direct refer
ence to the system Of the common law, as aoIding the
guide to Its exl oston and administration
That the odenses stated in these requisitfons
known to the common law too manifest to need remark
Although the rule OF the common law seems to be a
sage guide in determining what crimes within the
meaning OF the Constitution have not been governed
| BY that alone.
This provision Of the Constitution as has already been
stated Is rule OF international law between States Its
construction may therefore, be very peopery determn
ed by international law. The exradition criminals
has never been extended to purely LEGAL oenes, grow
Ing out OF domestic Institutions, and the word "cTme'
would undoubtedly be regarded In express compact
between two States, relating not merely to grave Of
fences deemed wrong by the general conscience of the
Christian world but crimes by the laws and usages OF
all civilized nations.
IT, them the crimes referred to in the Constitution are
not any acts whatever which any State may capciousy
declare to be SUCH the meaning of the Constitution must
be found In what defined to be crimes by the common
law recognized as such by the law OF nstons 1t
clear that neither the common nor international law
cognizes the acts named in these Tequi1ons crmes"
and cannot admit, nor do believe any State will ad
nit that its citizens to acquisitions for any act
which any other State may declare to be a crime.
| In reaching this conclusion have not been unmnd-
full Sc the inconvenences which II may sometimes give
RISE Occasionally 1t must doubtless happen that an Of
fender against the local laws and the local policy OF
State will escape punishment by seeking refuge au-
other State This fortune, however, befalls all coter
mnous States and has not been found entail serious
mischief or to diSurb the harmony OF their peaceful
laons Besides, II is infinitely better that an offender
should occasionally escape than that State should be
obliged to recognize and enforce the laws Of another
Jurisdiction inconsistent with her policy, and con.
rary to the general usages Of mankind. Every rule
must be less the one which has seem
ed to me to be contemplated by the constitution ITSELF
is peTeaps as fauless as that could be devised 1t
accords with the principles Of Natural Justice the obe
tOns Of good neighborhood and the comfy Of nations
while at the same time, respects the sovereignty of the
State, atd sscureJ the citizen his just pro-
lection
Such are ke considerations that dcrmned INV action IN
regard 10 the acquisitions referred to. Had been
clothed with the legal tauthoty Iw0ud promptly have
surren red the accused parties But my sense OF dutv
fortified by the long established practice OF this Depart
ment did not permit to treat them maefsctors for
he purposes OF exraditon therefore declined to sur
reuder them.
You assemble at period oextraordnay interest to the
Country For eighty years the people OF the several States
OF the Oonfederscy have lived peace with each oer
ties have bound them together, and raterna OF
hees nave been mutually discharged 10 their mutual pTos
perity and happiness During this period the nations
uninterrupted The great purposes Of It's
formation have steady pr Of sumaon The
wise policy by which, for the most part thas been govern
ed in cherihng our and vating peace with
all the world has elevated character abroad and con-
hrmed our prosperity at home. From people feeble
In numbers and resources at the beginning we have he
one Of the leading powers Of tie world EIn arr
culture manufactures, commerce. and navigation 10 All
The useful arts we are in the front rank Of nations while
the influence OF our civil Institutions founded on the con
sent Of the people and recognizing the equality of all
men before the law and their inaenable rights 10 life
liberty, and the pursuit Of happiness is modeating the
de posm OF other governments and arousng the oppres
sed naonates Of the world to the assertions Of their
rights At home the Republic has given 70 It's citizens
an extent prosperity and happiness not enjoyed by any
other people, while abroad the title Il copfe "a of Ane
citizen nobler credental than was that Of Rom
citizen when the esars ruled. -
But great, prosperous, and powerful as Is the Repub
c at peace with all baIlons ard the deserved object Of
universal hdmiration, tits threatened with imnent
pers from internal dssentons The public tranquility
Is seriously diaturbed The patriotism of the Country il
Justly alarmed. The unity OF the Government 10 denied
Doctrines subsersye OF ts existence boldly advocated
and made the basis Of State action. Under the
right Of sste TO secede from the confederlcy al s
piessure 70 peace or war constitutional liberty is i'm
penled, revolution s medated and treason Is unned
We may well pause 10 enquire, why these dlscontents
ment.
Ambitious In Republics who lind n eit aims hwart
ed Ly the regular and peaceful workings OF
swaysieek pretexto disturb is easy progress however
prosperous Party, sectional, personal prtjudices the
grow Of dyenitIes 10 local Institution habits and pnr
suits are seized upon by such men TO create hoste,
between the various classes Of Country;
BY common Interests, bnt whose union gives them gran
deur too imposing TO be grasped BY malcontentJ who
without merit &c reach the highest authority In great
Commonwealth, would reduce Il to fragments TO becom.
masters 10 part sneh conSpiraton disclose the
secret motives Of their but farcate
for dissatisfaction among ths masses they would move BY