M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1861-01-17
IhstIlef an ael {. lIlis nature cam hc

'S1olNNANu 10 N'nSi hCdsou, ielODy, +,
or crime" in the sense in which these
phrases are used by the Constitution.
Manilrstly, it isnot treason, and man,
ifestly, it is not felony, according to
the import Of that word when the Cvu,
stiiuiion was adopted. st> C
Does "other crime" include every
ofenso declared to be such by the laws
of0 Statcl l'sO, my duty to surren.
der was placed beyond question. But
this | conceive would be a most mis-,
chicvous and impracticshle interpreta.
ton. For, If Dy "other crime" is
meant any act made criminal by the
law Of n State, then the Executive OF
each State is under constitutional obi
gatinn to remand its citizens to anuth.
er, for any aeG which the legislature
ofany State may designate as Il crilne.
In this sense the word crime has no
other meaning than that which beg.
islature, in its discretion, may give it;
and the constitutional obligation OF
the Executive Of each State would I've
created by the caprice. and the liberty
Hfihe citizen would be deprived. naon
the legislation Of Others. Such aeon.
struclion OF the constitutional pluvis
ion could not he tolerated, Tor il would
lead to infuite abuse; noI could lis
Obligations be enforced.
II, then, by "other crime" it was
not intended TO mako the citizens of
each State liable to rendition at the
discretion ofthe Legislature OF every
other State, and u more limited and
definite meaning is to be given to the
Term "or other crime" where shall
that Limitation be found : SO t
The provision under consideration
was introduced as rule ofinlernaton.
al hw between the States. AZ inter.
national law it must have a definite
meaning, understood and recognized
when entered into by the States. II
must have the same meaning in all
the States. lts construction, therefore,
must be determined by the general
and accepted mea aiming of the terms
nsed at the time the provision was
adopted.
What, then, was the received &C
ceptation ofthe words treason, ielo.
NY, or other crime" when the Conoti.
tuition WAS traned2
The common law, it's Jury, indict.
ment, rules OF evidence. and definition
OF felony and other crimes and misle
meahors, was interviewer with the
criminal Jurisprudence OF all the orig.
inal Thirteen States of the Union. :
Tie Constitution itself. more, than
once expressly, Cart. VII, amend
ments) Rnd every where by necessary
implication, recognizes this system al
apart OF the national jurisprudence;
andiin the Federal tribunals It is cor
stantly appealed TO-, not as II source d
jurisdiction, but as the means by
WHICH a jurisdiction, When given is tt
be-exerclsod, aud as furnishing Z
Irnies By wlnchthe grants Of power o
the Constitution are to be interpreted
and applied. Tsie vssy phrases "trea
son, felony, and other crime" in tn,
provision now 10 question come to de
from that source, and without refer
eueeI6 it, one at least OF these phrasrE
ientterly upintelligible. These con
sidetaAons are conclusive that the
Constitution at large, and especially
this clause Of il, were drawn with di
rect reference to the system Of the
common law, Us affording the guild,
to sss -expJsitiou and administration.
Fiat the offeuses stated in these re
QUESTIONS are unknown to the commot
law ia too manifest t. need remark
Although, the riile OF the commor
law seems TO bea cafe goidaiu a.
termihing what are crimes within tbj
mgoping Of tile Constitution, / bav,
MT been governpd by that alone
This prdyisIon ., the Cn,titntinI
as A,.s dlr,aIy !. en.,rItsd arH'. .
inrosnafioha! laE hctnr,n Stat ,. il
co'slguctiOi may, 'hyr.inw j., v,ri
properly dst,tmipyl hy in'trnarlopa
Law. The pXsra4luon yrmpll> ~
never been cXtyndcl - pnr ly Ioca
otfanses, growing ont OF domestic in
Esitu,ions, and The word crime
would undoubtedly I've regarded, in al
cxpress compact between two States
as relating not merely to grave offtu
ces deemed wrong by the general con
sichcs Of tle Christian world, but a
crimes By tile laws End uSases OF al
civilized nstiors.
il, then, the crimes referred to i
The Constitution ara not auy acts what
ever, which any State may caprIcious
lJ dcclare to be such, the meaning q
ths COnstilu,ionmust bs found in wha
ary defined to be crimes by the com
mon law, or recognized as such b
tue law Of natious, 1t is clear tha
neither the common, nor information
al Law, recognizes the acts named j
,.r.k i