The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1861-01-18
es are arduous and Of grea. responsible.

sembIy, The State Arsenal has been COM
pleted 20 the extent provided by law under
the immediate supervision OF the Quarter
Master General. 1t is substantial edi-
fee. Estimates for its completion TO meet
all the purposes contemplated by its cree.
ton, will be furnished by the Adjutant.
General.
have thus called your attention TO
such topics in connection with the State
Militia as require the application Of money.
The aggregate is sufficiently reasonable
when it is re membere6 that it will bring
20 the practical test the experiment on the
part OF Ohio, as State, seriously and el-
Iectively 20 give animation and strength
10 thorough and well balanced militia
system.
During tho legislative recess, tho power
Oltho Executive of the State TO surrender
fugitivos from justice has frequently boen
invoked, and though as a ruo this class of
casos docs not REQUIRE special public notice
yot in two instances tho applications in-
yo!vod matters of the gravcst moment The
reclamation in ono case was founded on u
charge that tho fugitive had stolen certain
slaves, with intent to defraud the imputed
owner; and in tho other case, tho demand
was prodlcatod on an Indictment charging
tho accused with aiding "femalc slave" to
escape from "her owDor and possessor. >
Ihoso cases did not, in my judgment, fall
within tho scope of the authority conferred
on mo in this behalf, aud my conclusion
with tho reasons therefor, was dcly mado
known to the Executives by whom tho re.
spective demands had boon made. Each
replied, d,controycrting the rghlfulness of my
conclusions.
| The legislative power vested in the Gon-
eral Assembly comprehends an authority to
provide for tho surrender Of fugitivcs from
Justice in cases not covered by tho Fudorai
Constitution, and this consideration, added
to tho Importance of tho subject its oil, seems
to render it proper that tho reasons which,
IN those instances, controlled my action,
should be laid before YOU.
Tho persons demanded by these reclama-
tions wore thon sojourners within this State,
owing to it allegiance, and entitled to tho
correlativo right of protection. Its Const-
tuition and laws secured to them, whilo
dwelling here, the same measure of personal
freedom and personal security which be-
loDgod to its own ctizqns Speaking tho
language of tho great charter of Eoglish
liberties" the State had declared that no
ono within its limits "should bo deprived of
life, liberty. or property, without due pro-
cess of law" Tho same principle has, in
somo form. been asserted by every other
State, and finds conspicuous place in the
| Constitution of tho United States.
Upon tho reqnisitions being made, it
was my FIRST duty to inquire whether The
cases wore such rs called for tho exercise of
tho power thus invoked. 1t was readily as
certainea that all my authority, in this be-
| half, came from tho familiar provision in
the Federal Constitution relating to tho
surrender of fugitives from justice. In
asmuch US this provision operates in restraint
Of liberty, it must be rigidly construed, and
every case not fairly included must be hold
as beyond its scope, and every doubt must
be resolved against its application. Rigor-
Gus as this rule scoms, its existence and
wisdom arc alike beyond question. 1t is
tho sanio ruio in favor of liberty which has
obtained for centuries in that country from
which wo hayo drawn our systems of crimi.
nal Jurisprudence, and tho same rule which
is to-day in all tho States applied to crimi-
nal proceedings in every stage of their pro-
gress Adopted TO protect tho citizens
against the exercise Of arbitrary power, the
experience of many ages has proved its
value and /; still retains its place among
tho chief safeguards Of personal security.
Ii has become fixod principle of law. and
yet independent of its clear dictates. am
satisfied that upon no recognized rulo OF
construction can the constitutional provision
be made to cover the cases in question.
, These rccamations presented substan.
, TALLY tho same question, and were therefore
, to be determined by the application of the
samo general principles. Each of thoul
charged tho accused with tho commission o
an act by which "au owner and master" bad
, boon deprived of his alleged "slave." The
question was thus presented, whether al
act of this nature can be considered as either
E ''treason, felony, or other crime" 10 the
aunse in which these phrases are used by
tho Constitution. Manlosly, it is no
treason, and mauifestIy it is rot felony, aG
cording to tho import of that word wher
tho Constitution was adopted.
D1cs "othor crime" include overy ofIensc
declared to DO such by tho laws of a State
2 If so, my duty to surrender was placed be
. yond question. But this l conceive would
be mIschevous and impracticablo inter
probation. For, if by "oihor or mo" is meant
any act made criminal by tho law of State
then the Executive of zach State is undel
constitutional obligation to remand its citi
zohb 10 uEOtDCr, Tor any act WuCu inc LeglS
laturo Of any State may designate as q crime
In this sonse the word 'crimo" has no Other
, meauing ;han that which Legislature, in
its discretion, may give il; and tho consti
tutionAl obligation of tho Executive Of each
State would bo created by the caprice, and
tho liberty of tho citizen would DO deprived
upon tho legislation of the othors. Such a
construction of tho constitutional provision
could not DO tolerated, for it would lead ia
inhnito abuse; nor could It's obligations be
enforced,
II then, by "othor crime" it was not in.
tended to mako the c;izons of zach State
liablc to rendition at tho discretion of the
Legislature of every othor Stato.and a more
limited and definite meaning Is to bo given
! to the term Tor other crime" whoro shall
that limitation DO found?
Tho provision under consideration was in.
5 troduced as a rule Of international law be.
tween tho States. As international law il
must have deinite meaning understood
and recognized when entered into by tho
States. II must havo the samo meaning in
A all the States, It's construction, therefore,
Q must DO determined by the general and &C.
cepted meaning of tho terms ussd at tho
timn tho provision was adopted.
What, then, was tho received Hccopta tion
of tho words "trcasOu felony or OlhoT