Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1862-12-30


person. not charged with any crime, no matter
by whom or BY whose order the same is made,
is in violation Of the Constitution and the
laws. The Constitution Of the United States
declares that IN criminal prosecutions the ac-
cused shall have a speedy trial by jafy, 10 the.
State or disiriel where the CRIME shall have
bsen oommifted and the seizure Of any per
son, and his removal against his viii from his
State or district, is in violation OF this proyi-
sion Of the Constitution, and IN the eye Of
our statute without lawful authority There
are constitutional and statutory provisions in
relation to f~ugitives from justice. When an
offense has been committed, or is alleged to
have been coehmitted, in another State, and
when the offender has fed into this State,
provisions has been made by act Of Congress,
in conformity with and obedience to c~onstitu-
tional requirements, for his arrest and return
10 the State from which he has escaped. In
such cases the Governor Of the State in which
the offenso is alleged to have been committed
may make a requisition upon the Governor
Of this State, accompanied by the necessary
proofs; and, upor such requisition, the Cover
nor Of this State shall issue his warrant for
the arrest of the fugitive, by virtue OF which
he may be seized and returned 10 the jurlsdic.
ton from whence he has fled. In this way,
and in no other, can he be lawfully seized and
conveyed out of the State.
Any person, whether be be an officer or
not who shall, seize and imprison an alleged
fugitive from justice, Except to await a requi.
%sition,) acts without lawful authority and If
he shall seize and detain him against his will,
with intent secretly to imprison him here, or
to remove him out Of the State against his
I'LL $1,000 49, -nuH rnAntatNtAn and urar.
rant, he is guilty of n violation of the statute
| have read to you, and is liable to Indictment
and Imprisonment Upon the trial of such
indictment, the fact that he acted by order Of
the President, or of any member of the Cab
met or other officer of the Government will
constitute no legal defense, These, gentle
men, are the plain propositions of the law,
which can not be disputed, applicable to our
loyal State, in which the State Courts are in
almost uninterrupted session in which judges
and magistrates are faithful to their oaths to
support the Constitution Of the State and the
Constitution Of the United States, in
which the laws are ample for the punish
ment of all offenders az we'll as for the pro-
lection of all citizens; a State in which the
Federal Courts are in almost daily Sc ssion,
with all their machinery in full operation,
their judges and marshals and deputies
ready to perform their duties; whose process
can a always be enforced and whose judgments
and DEGREES can always be exeeuted-a
State in which the acts Of Congress are never
resisted, and whose people venerate and res
pect the Constitution and the laws. In such
a State. so circumstanced, not being the
scene of actual military operations, not hav-
ing even any solldiery, excepting such as
may be on their way to fight the battles of
the Constitution and the Union, whose laws are
not obstrueted or defed where no form of
the claw martial can, by any construction,
be made applicable to any person not mus
tered into military service, it is my duty as a
Judge to declare to you that the seizure of
her citizens, their secret imprisonment against
their will, their removal beyond her borders
without authority of law, to answer to crimi-
nal or other charges, their confinement in
places beyond the reach OF legal process is in
violation of the rights secured to them by the
Constitution and by the laws, and it is the
right and solemn duty Of the Grand Jury to
indict any person or persons who have in
these respects offended against the law. |
have now, gentlemen, discharged my duty.
| cave you, under the obligations Of your
solemn oath, to the performance of yours. 1t
may not be possible to prevent entirely the
arbitrary and unlawful seizure and removal
of the citizens of our State; but it is possible
to convict and punish those who in this res
pect shall be found guilty Of a violation of our
laws.