Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1861-01-17

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most reliable pledges of continued poscs.---
The ability OF the State TO Summon her cifi-
zens 70 support her peace when threatened,
or her laws when violated, is q silent but i'm
pressive guarantee Of their perpetuity and
supremacy.
It appears that the State has recoived K,-
962 muskets and rifles, and has but sboat
5000 at her present command. VI l,633
cavalry pistols; but T22 remain Of 272re-
volvers, about 40 are supposed TO be recov-
erable. VI 46 brass. cannon, morn thsu
three-fourths were useless, or dangerous for
service, from neglect or bad usage, until tho
Quarter Master General restored them 70
servicesblecondition. The same proportisn
Of loss and depreciation runs through the
whole list of arms received from the United
States, the original cost Of which was $780,,
2O3. ' ~
While the present system of the issue and
care of the public arms preyen Is . similar
result for the future, it is for the General
Assembly TO determine whether the supply
now owned BY the State is adequate TO her
wants Other States under similar circum-
stances, have supplied the loss and wssts b
purcase. 8II
The annual quota receive from the Gem
eral Government diminishes with the acces-
sion of each new State, and Territory, Its
at present less than one Thousand muskses
in value; and when other arms, or the mo-
cessary accessories to keep other arms in ser
| viceable order are substituted, the number
of muskets is diminished to the extentsf
the substitution. 1t is obvious, therefore,
we cam OF look TO the General Government
for sufficient supply Of arms for an efee-
tive State military organization. -
| Nn,r ottopt;o, lso s< Al. dv<xs<~
of the Quarter Master General, and in this
connection to the phraseology Of the last
| general appropriation bill, by which be hss
been prevented from drawing the compsnsk
ion due his services as arm0rer. The 81
aries of both the Adjutant and, Quarter
/ Master General are merely nominal, This
ought not to be. Their duties are arduom
and of great responsibility L..
i During the recess of the General Assam
bly, the State Arsenal has been completed b
the extent provided by law, under tho i'm
mediate supervision Of the Quarter MagoR
General 1t is a substantial ediice. Ed
mates for its completion to meet IL tho puEs
poses contemplated by its erection win b.
furnished by the Adjutant- General. "A
j / have thus called your attention to suo4
topics in connection with the State Militia -
require the application of money. The C.
gregate is sufficiently reasonble when il 3
remembered that it will bring to the pr.cti-
cal test, theexperiment on the part Of Ohio,
as State, seriously and effectively to give
animation and strength to thorough md
ell-balanced militia system. ~
J, I THE RENDITION CASES. -
During the legislative recess the powenX
the Executive of the Stateto surrender f9si.
tives from justice has frequently been invoked
i. ,nd thorgh a. . r,,la th.s .l.~s ,e ..,,- A..
s not require special public notice, yet IN two.
n instances the applications involved matters
, 81 the greatest moment The reclamation
g in one case was founded on . ch@re thst The
~ fugitive had stolen certain dave, Win D.
t tent to defraud the imputed owner and b
y the other case the demand was predicsted
It on an Indictment, charging the accused with
Q aiding q "female slave " to escape from
e "her owner and possessor." Thess c.s.s
: did not, in my judgment, fall within the
It scope of the authority conferred on me in this
e behalf, and my conclusion, with the.rcasons
r therefor, was duly made known to the E3-
b ecutives by whom the respective demands
J, had been made. Each replied, coatrovst
o ing the rightfulness Of my conclusion.
!, The legislative power vested in the Genessl
+ Assembly comprehends an authority tn pro
vide for the surrender Of fugisves from jus
tiee in cases not covered by the Federal Con.
J. stitution, and this consideration, added tG
t the importance of the subject itself, seenl
= to render it proper that the reasons which,
!. in these instances, controlled my action sho'
y be laid before you. r9
= The persons demanded by these reelama
: tions were then sojourners within this State,
4 owing to its allegiance, and entitled to The
u correlative right of protection. Its oonsti'
or tuition and laws secured to them, while dwe1-
o. ling here, the same measureof personal free
. dom and personal society which belonged b
n. its own citizens Speaking the language O
n the great charter of English liberties, thf
n State had declared that no one within il
n = limits should be deprived Of Life, liberty o.
n property, without due process of law" Tht
or same principle has, in same form, bee q q
a, or serted by every other State, and finds con
NJ n: spicuous place in the Consultation Of tn
a United States .s... So. -,..,
-, Upon the acquisitions being made, Il va
my first duty to inquire whether the nse
n, were such as called for the exercise Of II
- =, tanned that all my authority, in this behalf
y " came from the familiar provision Of the Fed
M eral Constitution relating to the surrenderu
q, fugitives from Justice. Imsmuch q thi
nS provision operates in restraint Of liberty,
must be rigidly construed, and every cas
\ not fairly included must be held q beyonl
~ ~ its scope, and every doubt must be resolve
,ar against its application. Rigorous - I'd
IN, liz rule seems, its existence and wisdom u
ans alike beyond question. 1t is the same rul
~ in favor Of liberty which has obtained "a
od centuries in that country from which y
~ ~ have drawn our systems Of criminal juSistf,
I;nn dence, and the same rule which p to-day
~ all the States applied to criminal proceel
~ ings in every stage Of their progress. Adop
~ ed to protect the citizen against the exeyu
s n of arbitrary power, the experience of mar
M a ages has proved its value, and it still retail
H. 'ho its place among the chief safeguards Of ps
.. ~ sonai security. 1t has become fixed pri
lifi S;,i ciple Of law, and yet, independent Of,
III, III clear dictates, am satisfied that upon
nv recognised rule of construction can the %
,;' stitptional provision be made TO cover Il
~. cases in question. 49,
~ These reclamations presented substantial
ion Ln. the same question, and were, therefore,
uea . be determined by the application Of the san
anu general principles. Each Of them charg
~ the accused with the commission Of an 4
~ .ne by which 81 an owner and master" had rs
Ia Ia deprived Of his alleged slave" TheQde
~ ton was thus presented, whether an ~
IN u this nature can be considered as eikRer IN
AUG aon falonv or other crime" in t60 aanna