The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1861-01-16


The legislative power vested in the Cen
kral Assembly eomprehends an authority
70 provide for the surrender OF fugitives
from justice in cases not covered by the
Federal Constitution, and this consideration,
added to the importance OF the 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 reclaima.
tons we're then sojourneFs within tbis State,
owing to it allegiance, and entitled TO the
correlstive right of protection. Its Consti-
tuition and laws secured to them, while
dwelling here, the same measure personal
freedom and personal security, which be.
longed to its own citizens. Speaking the
lsneusge Of the "great charter of English
the State had declared thst no
one within its limits "should BE- deprived Of
life, liberty or property, without due process
Of law" The same principle has, In some
form, been asserted by every other State,
and finds conspicuous place in the Co52u-
tuition OF the United States.
Upon the requisitions being be made. it
was my first duty to enquire wh' ther the
cases were such as called for the exercise OF
the power thus invoked. 1t was readily as.
Certained that ell my authority, In this be-.
half, came from the familiar prsyi,ion in the
Federal Constitution relating to the sur.
render Of fusitves from justice. Inasmuch
a. this provision operates in restraint OF
liberty, it must be rigidly construed, and
every ease rot fairly included must bo held
as beyond its scope, and every doubt must
be resolved against its application. Rlgor,
Gus as this rule seems, its existence and
wisdom are alike beyond question. Ii is the
same rule in favor of liberty wAith has ob.
tanned for centuries in tn: ccua;ry frem
which we have drawn our systems of erin
inal jurisprudence, and the Same rule which
is TO- day in all the States applied 10 criminsl
proceedings in every stage of thsir progress.
Adopted 10 protect the citizen against the
exercise OF arbitrary power, the experience
of many sges has proved lie vs'ue. and ii
still retains its place amorg the chief safe
guards OF personal security. II his become
q fixed principle Of law, and yet indcpcDd
en-, Of its clear dictates, am ssti.ied tha
upon no recognized rule OF constrU clion car
the constitutional provision be made to cove
the csses in question.
These reclamatiors presented substaatiel
" the same question, and were therefore tt
be determined by the Hrplcation Of the s9me
general principles. Each Of then charged
the accused with the commission of an &C,
by which "sn owner and master" had been
deprived of his alleged "slave." The qucs
hon was thus presented, whether an act o
this nature can be considered IS eithe
"treassn, felony, or other crime" in th'
sense in which those phrases are used BY
tha Constitution. Manifestly it is not trea
son, and manifesty il is not felony, accord
Ing to the import OF thst Worl when III
Constitution was adopted.
Does "other crime" include syary offence
declared to be such BY the laws of State
II so, my duty to surrender was placed be-
yond question. But this I conceive wou'c
be most mischievous and impra ctcable ia.
terpretation. For, if by "other crime" is
meant any act made criminal by the law Of
q State, then the Executive Of each State il
under constitutional obligation toremand its
citizens to another, for any act which the
Legislature Of any State may designate as
a crime. In this sense the word "c.ime"
has no other meaning than that which a
Legislature, in its discretion, may give it {;
and the constitutional obligation OF the Elk.
ecutive Of each State would be created by
the caprice, and tho liberty OF the citizon
would be deprived. upon the legislation Of
the others. Such construction of the
constitutional provision could not be tolera.
ted, for it would lead to infinite abuse; nor
could it's obligations DO enforced.
II, then, by "other crime" it was not in.
tended to make the citizens Of each State
liable to rendition at the di,cretion of the
Legislature Of every other State, sad mere
limited and definite meaning is to 5s given
to the term cor other crine," where shall
that limitation be found !
The provision undsr consideration wss
introduced as q rule of International law
between the States. AS international law
it must have deflnite meaning, understood
end recognized when entered into BY the
States. 1t must have the Same moaning in
ell the States. lis construction, therefore,
must be determined by The general AID ac.
cepted meaning of ths terms used at the
time the provision was adopted.
What, then, was the received sccepta.ion
of the words "treEson, felony, or other
crime," when the Constitution was framed :?
The common law, its jury Indictment,
rules Of evidence, and dafGi!on Of felony
and other crimes and misdemeanors, was in.
Ierwoven with the criminal jurtpruGencs Of
all the original thirteen States Of The Union.
The Con stituton itself, more than once ex.
pressly, Cart. VII, amendmsnts) end every.
where by necessary implication, re cogu'z g
this system as part Of the national iatis
prudence; and in the Federal tribuaals it is
constantly appealed to, not 0s a source Of
but as the means by which o
Jurisdiction, when given, is to be ex rcised
end as furnishing the rules BY which the
grants Of power Of the Constitution are to
be interpreted and applied. The very phrs.
ses "treason, felony, and other crime'' in the
provision now in question comes to US from
thss source, and without reference to it, one
ct least OF these phrases il utterly uniDtoI.
ligible. These considerations are copcIu
sive thOt the Constitution at large, and es
Pecislly this clause of it, was Grgwn with
direct reference to The system Of the com.
mon Law, as afordins the guide to its expo.
.Eition and administration.
That the offences stated in these aeouisi-
tons are unknown to the common law il too
manifest to need remark.
Although the rule Of the common law
seems to be safe guide in determining
what are crimea within the meaning of ,he
Constitution, | have not been governed BY
that alone.
This provision of the Constitution as ha
already been stated, is rule OF internstion
81 law between States. lis construction
may, therefore be very properly determine,
by international law. The extrsdition O
criminalshas never been extended 10 pure
local offences, growing out Of domestic In
Etitulione, and the word Mcrime,I ,nnnlI I'm