M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1861-01-17

ana in this CONNECTION 10 the phrase
Ology of the last general appropriation
bill. hy which ho has Ipcn prevented
from drawing the compensation slus
his services as arnIorer. The saiariet
OF both the AIju'ant anil Quarlet.
Master General are merely nomlnal.
This ought MOTTO be. Their duties
are arduous and Of great responsible.
Ity. .-h.lp
During the recess of the General
Assembly the State Arsenal has been
completed to the extent provided by
law, under the inmeliate supervision.
of the Quarter. Master G4nerAl. It isl
q substantial editice. Estimates tor
its completion, to meet al the pnrpO.
see Contemplated by its erection, wilh
be furnished by the Adjutant GynSr-'
al. - 3
have thus called your attention 10
such topics in connection with the
State Militia as require the applica.
ton of money. The aggregate is
sufficiently reasonable when it is re.
melnhered that it will bring to the
practical test, the experiment on the
part OF Chic, as State, seriously and
effectively to give animation and
strength to thorough and we'll bal
auced militia system.
ON THE AFRICAN.
During the legislative recess the
power Of the Executive of the State to
surrender ingitives from Justice has
frequently beon invoked, and Though
rs n rule ths class Of cases does not
require special public notice, yet in
tws instances the applications inyolv-i
ed matters OF the graveSt nOmehf.---
The reclamation in one case was
ionnled on charge that the fugitive
had stolen certain slaves, with intent
to detraud the imputed owner: and ia
the other case. the demand was predi.
Gated on an indictment, charging the
accused with aidinga "feInale slave"
to escape from ''her owner and posses.
sor." These cases did NOT, ia NV
Judgment, iall within the scope of thea
authority conferred on me in this be,
hall, and my conclusion, with the rea.
sons therefor, was duly made known
to the Executives by whom the res
pective demands lad been, made. -
Each replied, conrrovrriiDg the rigbt-4
lulncss OF my concInsiop. jtJ
The legislative power yested inthea
General Assembly cdmprehends m /,
lauthority to provide ,iorthe surrender
Of fugitivos from justice in cases not
covered by the Federal Constitution. }
and this consideration. added to the
Importance of tho subject itseIf, SCENE
to render it proper that the reasons
which, N thess instances. controlled
my action, should he laid before you.
The persons demanded by these re-.
clamations were then sGjourners with.
in this State, owing to it allegiance,
and entitled to the cprrclsiivc right Of
protection. Its constitution an lava
secured to them, while dwelling h,re,
the same measure o. personal lree,lUm
and personal security. which belonged
to its own citizens. Speaking the Ian
gnage OF the great charter of Eng.
lish liberties" the State had declared
that no one within its limits "shonld
be deprived OF lie, liberty, or proper.
ty, without due process Of law" The
same principle has, in some form, been
asserted by every other State, and
finds a conspicuous place in the Con
stitntiOn ofthe United States.
Upon the requsitions being made,
| it was my frat duty to enquire wheth-
er the cases were such as called for the
exercise Of the power thus invoked
1t was readily nscertained that all my
aulhor,ty. in this behalf, came from
the familiar provision OF the Federal
Constitution relstingt to the surrender
OF ingtives from justice. lnasmuch
as this provision operates in restraint
Of liberty, it must be rigidly construed
and every case not fairly included
must he l'cld as beyond its scope, and
every doubt must be resolved against
its application. Rigorous as this rule
seems, It's existence and wisdom are
alike beyond question. It is the same
ru!c IN favor Of liberty which has OBJ
taincd for centuries in that country
from which We have drawn our sya,
TENS Of criminal Jurisprudence, and
the same rule which is to-day IN all
the States applet to criminal proceed
ings in every stage OF their progipss.,
Adopted to project the citizen agninst
the exercise Of arbitrary power, the
experience OF many ages has proved
It's value, and it still retains its place
among the chief safeguards Of personal
security. 1t has become a fixed prin.
ciple of law, aud yet. independent Of.
its clear dictates, am satisfied that
no recognized rule Of construction can
the constitutional provision b. made
to cover the cases in question:; = 'E.'
These reclanations presented sub.