Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-01-03

,hould be had -distinctly disavo%ed giving the 4
opinion that his decision vas ever intended to
cover such cag6 hs tlielpro8ent. He knew too
we'll, the immenee inttFests involved u such a
case; the existence Of sociely and the comityof
States being involved In it'd propeg exenntion. [
As counter weight. VIII qubte the master.
ly exposition of Hon Thomas Ewing, who in
a public speech reprehended the action Of the
Republican officers generally, and this act parst
ticularly: He says: GAS examples in our own |
state, Of sexueme party action, witness the at.
tack last year upon the independence of the Ju.
dietary In the person of Juge Swan-the refusal
of the Legislature last winter, when the subject
was before them, TO pass o. law, TO prohibit the
forming or fitting out in Ohio, OF Inafaudingl
expeditions against our sister States The bill
IN form and substance being as nearly as possi'
BILE identical with law OF the United States as
Etonations with whom we are at peace; and,
duced into Ne codas cf pcatly all nations not
riratical; apd az fsfubal 81 our E4tcuiiDe 10 sur
render hgitites from fustics,- -pnysnanttOths re-
Quiransnis of thS Canstitukon, ali vhichindieated
that this party was engaged in a conflict which
must be in fact and deed irytpessibb 80 long as
tand the Union both endure; and that the or
ganic law of the republic had been superseded
by higher oriower law ipsmely, the indvidu
al will, dominant in'the minds OF excited men.
Sach was the condition of things which caused
me to stand aloof from the party, the objects of
whose original organization approved, and to
advance which objects I labored afterward out
of the party earnestly, and i have reason 70 be-
lieve, effectively! nAHt SHW b
And in the note to his printed speech, worth
producing now, as an ingot from q thoroughly
legal mind,-he says, in relation to the refusal
I'd deliver criminals to-. t7r-It.t - NAM,
"This, find, is heresy of como ten years
standings fact which had escaped me, as | was,
too busily engaged in organizing q new depart
ment at Washington, at the time it arose, to
give much attention to passing events Our
present Governor, however, is not responsible
for it, but 1t 10 not the less heresy, and high
ly iDjutious, especially in the connection in
which have placed it. 1t is said, in the opin.
ion of the Attorney General of that day, that
this provision of the Constitution ought not to
be extended; 1st. To cases not within the rule
observedby, thecomjty Of nationsi or I'd, The
cases designated incur treaties With foreign
nations; Sd, Or crimes known to the common
law; 4th, Or such as are recognized as crimes
Id the State called on to surrender the fugitive.
Now, neither one or allthese criteria will serve
as test, for let, There is no comfy of nations as
t5extraditions ofcrminals, as such; Cd. Our trea-
ties designate the special crimes, and among them
are not to be found the highest, namely treason,
nor one halfof the high crimes known TO the
laws of every civilized state and country, as bur-
glary, larceny. rape, bigamy, incest perjury, &c
&c. 3D.. The common law omits, of course, ali
ctmes having their origin in the present chang
ed condition of society, such as the malicious
destruction of canal locks, reservoirs, &C., and
the maliciously placing distractions onrairoads,
with intent to destroy life; and the fourth test,
namely, that it mus. be crime by the law OF
the State called on to make the surrender,would
be subject to the last named difficulty, for Flor
ida, Arkansas and Oregon could not surrender O
fugitive who should be charged captaliy with q
crime against the canals, or railroads of other
States. But the conclusive objection lie, that
the Constitution gives no possible pretext for
any such limited construction. The crime must
he committed in the State making the demand,
by person actually within it; the laws OF that
State, therefore, must govern IL; and as to the
degree of the crime, the enumeration by the
Constitution is in the descending series, -" Trea-
son. felony, or other crime" That is lesser
crime" -e E.."t ~E'
i submit It to you, cir, familiar "a you are
with criminal jurisprudence, If you ever met
with palmer proposition than is embraced in
the mere statement OF the constitutional ques.
tioD. Those who think that the people do not
understand go plainly written all instrument as
the American Constitution, underrate the dis
elimination and intelligence of our people
Those Who think or affirm that they will not right
this wrong done our sister States, underrate
their patriotism and justice. r
But is IL said that there are precedents for
! Gov. Dennison's action, from Kentucky and
other States. Gov. Powell has denied that such
exist. But suppose there were cases where
Governors have refused to deliver, unless the
crimes were such by the laws of their own
State, or unless they were maIum in Sc, or crimes
at common law; what followsl Does it excuse
oG. Governor in the Virginia cases2 Or does
it illustrate the comfy which should prevail in
matters of such sensitive ard momentous i'm
portancs as slave stealing, where 80 much of
property and peace are at stalker
But again il is said, that the case is before the
United States Court, which will decide IT, and
all will be well. Yes, our State was dragged
into Court; but what assurance havo We from
party which sustained Brinkehoff and slaughter
ed Swan, that they will abide the decision Of
the supreme tribanal7 1-. ri1sl H-s
need not refer to the legislation of Ohio
passed at tho last session of the Republican leg
isla;ure. II ia found in the laws of a General
nature, page 81. Under the hypocritical pre-
tense OF renacting a law to carry out the consti-
tuition, they nullify IL. That law limits the sc-
tion CT the Governor to cases whereitisa crime
in Ohio and to such cases only. This mischiey.
Gus legislation was enacted to bolster up a bad
business. The judiciary OF Ohio are not salts
fed to admit negroes to vote. The chefjustic
is not satisfied in overruling the Constitution
as to fugitive slave laws; not Satisfied is the
executive with the bad faith Of bis own conduct;
but the legislature Is called on to smash up the
fragments ofthe fractured compact. For what2
Simply to crafty the malevoence Of sectional
partizans, to feed the hungry NAV OF a raven
Gus hate, which while 1t pretends to live or q
higher law, lives by G law ss rank with hate
and treason as any Pheriseo ever practised in
in the era Of hypocrisy.
If could row, in these moments of peril,
when men go about enquiripg, what they shall
do to save our country If could reach the nee.
Pic Of my native State, would in the urgency
Of remonstrsnce, and with all the pleading OF
prayer, cay to them-"People OF Ohio! You are
on the brink Of border crusade. II has been
brought on, in part, by those acts Of infdelity
to the paramount law and the covenant Of our
Peace. You reprehend Disunion. You flown
on secession. You have no language of toler
alton for the extreme South! Before you turn
your eyes South, clense your own garments!-
Undo the wrong OF your own oficirs WiDe out
the black record OF years! Wipe out the weak
and vain attempts of weak, vain aud frivious
officials, who have tampered with greatintefeelp,
TO minister TO deceased fanaticism 70 Do this,
and then you can call Kentucky and Tennessee
agail to your union love feast. Then YOU can
reprimaDd, or counsel, or denounce South. Caro-.
lima and Mississippi. But until You do this,-
for very shame, seal your lip and hang your
mead. IL is not for you to appeal to the sanctity