Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1861-01-10

Do TOLERATED., LOT IL WOulu leau TO infinite
abuse nor could its obligations bo on
forced.
IL, then. by the "other crime" il was
not intended to make the citizens of eacl,
STATE llaole to rendition at the discretion
oil the Legislature of every other State.
ana more limited and definite meaning.
Is to be given to tho term "or other
crime" where shall that limitation be-
found?
The provision under consideration was
introduced as rule of international law
between the States, AS an international
law 1T must have definite meaning, un-
derstood and recognized when entered
INTO by the States. 1t must have the
same meaning in all the States. It's con-
struction, therefore, must be determined
by The general and accepted meaning of
the terms used at the time the provision
was adopted.
What, then, was the received acception,
OF the words "treason, felony, or other
crime" when the Constitution was
framed?
The common law its Jury Indictment.
rules of evidence, and definition of felony
and other crimes and misdemeanors, was.
interviewer with the criminal jurispru-
dence of all the original thirteen States of
the Union. The Constitution ITSELF moro
than onco expressly, CART. VII. amend
ments, } and every where by necessary
implication, recognize this system as q
part of the national Jurisprudence, and in
the Federal tribunerals it is constantly
appealed to, not as source of iurisdic-
ton, but as the means by which iurs-
diction, when given, is to be exercised,
and as furnishing the rules by which the
grants of the power of the Constitution
are to be interpreted and applied. The
very phrases "treason felony and other
crimes" in the provision now in question
comes to us from the source, and with
ont reference to it, one at least of these
phrases is utterly nintelliagible These
are conclusive that the
Constitution at large, and especially this
clause of it, was drawn with direct refer
ence to the system of the common law,
as alording the guide to its exposition
and administration.
That the offences stated in these re-
QUESTIONS are unknown to the common
law is too manifest to need remark.
Although the rules of the common law
seems to be safe guide in determining
what are crimes within the meaning of
the Constitution, | have not been gov
erned by that alone.
This provision of the Constitution as
has already been stated is a rule of in
Jaw between States. Its con-
struction may, therefore, be very properly
determined by international law. The
extradtion of criminals has never been
extended to purely local offences, growing
out of domestic institutions, and the word
"crime" would undoubtedly be regarded
in an cypress compact between two
States as relating not merely to grave
offences deemed wrong by the general
conciences of the christian world, but as
crimes by the laws and usagos of all civ
llzed nations.
If, then, the crime referred to in the
Constitution are not any acts whatever,
which any State may capricicusly declare
TO be such, the meaning of the Constitu-
ton must be found in what are defined
TO be crimes by the common law, or rec
Dgnized to be such by the law of nations.
1t is clear that neither the common nor
International law, recognizes the acts
named in these acquisitions as "crimes,"
md | cannot admit, nor do | believe any
State will admit that its citizens are sub
ect to requisitions for any act which any
other State may declare to be crime.
In reaching this conclusion | have not
AL g al
which it may sometimes give rise. Oc-
'asionally doubtless it must happen that
IN offender against the local laws and local
policy of one State will escape punish
ment by seeking refuge in another State.
The fortune however, befalls all cotermin-
ous States, and has not been found to en-
all serious mischief, or to disturb the
of their peace relations. Be-
sides, it is infinitely better that an often
should occasionally escape, than that n
State should be obliged to recognize and
enforce the laws of another jurisdiction
Inconsistent with her own policy, and
contrary to the general usages of man
iind. Every rule must be more or less
imperfect, but the one which has seemed
% me to be contemplated by the Con-
tltutiou itself, is, perhaps, as taltless as
my that could be divised. 1t accords
With the principles of natural justice, tho
obligations of good neighborhood, and
he comfy of nations, while at the same
ime, it respects the sovereignty of the
States and secures the citizens has Just
nasure Of protection.
Such are the considerations that determ-
ned my action in regard to the requisit-
ons referred to. Had l been clothed
With the legal authority, would have
surrendered the accused parties.
But my sense of duty, fortified by the
ong established practice of the Depart
nent, did not permit me to treat them as
naefactors for the purposes of extradit-
on. | therefore declined to surrender
hem.
You assemble at period of extraordi-
larry interest to the country. For eighty
ears the people of the several State of
he Confederacy have lived in peace with
ach other. Fraternal ties have bound
hem together, and fraternal offices have
,een mutually discharged to their mutual
prosperity and happiness. During this
period the nations progress has been un-
The great purpose of its