Year: 1860

offence" But to evince determined purpose
not to comply with the Constitution, that pro-
viso was repealed by an act passed in 1856, il


the words quoted; and again, in 1858, the re-
, pealed act was again repealed, but re-enacted


with the same proviso omitted.


And now the Governor of OHIO pleads, thro
his Attorney General, the fact that there is no
r law of Ohio which authorizes the Governor tC
f surrender fugitive from justice. If there b,


any law Of that State which authorizes the
: Governor to demand fugitive from the justice


Of Ohio, have been as unsuccessful 10 finding
it as Governor Dennison has been in finding
the other. And yet the constant practice Of


that State is, and its present Governor has act.
ed upon ihe practice to demand fugitives from
other States.


But If the Governor of Ohio were disposed
to carry out the friendly relations which should


exist between sister States, he might still have


found law on the statute book of Ohio to iusti.


fy the detention of notorious offender and re-
quire him to be sent to the authorities of Vir.
ginia. find in the same revised statutes. an
act concerning fugitives from justice, passed in


1884, and the repeal of which, after the clo-
sest scrutiny, have not been able to discover,
which provides that "when any person shall be
brought before any justice Of the peace within
this State (Ohio) charged with the commission
OF any criminal offence, against the laVe Of any
other State or OF any of the Territories of the


United States, it shall be lawful, and is hereby
made the duty OF such justice OF the peace to
hear and examine such charge, and upon proof
by him adjudged sufficient ts commit such per-
SON to the Jail of the county in which such ex-
animation shall take place, or IN cause such per-
son to beeliverea to some suit e person, to be re-
n'ovea to t1s proper place Of Jurisdiction" If
this law is still in force, the friendship which
once existed between Virginia and the State of
Ohio in the better days of the Republic ought
to have induced the Governor to have referred
the agent Of Virginia to that statute, and to
have promised aid and assistance in executing
its provisions If it has been repealed then 1t
is another evidence Of determined purpose to
enjoy the benefits of the Union without COM
plying with the obligations imposed. A sad
spectacle exhibiting great State of a great
Confederation, bound by the obligations of a COM
pact of Union, deliberately setting aside that
compact, and repeating laws which itself had
enacted to enable her authorities to carry that
compact into execution. But if it be in force,
then it is obviously one of the provisions origi.
nally designed to execute the clause of the Con-
stitution.


BY this law, the criminal is ITO be delivered
to some suitable person, to be removed to the
proper place of jurisdiction" Who so suitable
as the agent who asks his extradition under au-
thority from the State having jurisdiction ?'-
Who more suitable than the person to whom
,he Governor of Ohio might have recommen-
ded him to be delivered? If when the requi-
sition is made, the person charged is at large
and has not been arrested it gives authority
for his arrest; and when the warrant of the
Governor is issued for his delivery to the agent
of the State demanding the fugitive, it author
ICES his delivery to that agent, who is the suit-
able person" intended.


Again: tn, State of Ohio has shown, in the
execution Of her own criminal laws, that size
does not intend that criminals shall be allowed
to escape or be discharged for mere informal-
ties or defects which might be cured She has
provided in an act to amend an act securing the
benefit OF the writ Of hsJeas corpus, passed in
1884, and to be found iu the same edition of
the revised statutes, 'that il any person shall
be committed to prison, or be in custody of
any officer for any criminal matter, by virtue OF
any warrant or commitment of any Justice Of
the peace in this State, having jurisdiction of
such criminal matter such person shall not be
discharged from such imprisonment or custody,
by reason OF any informally or defect Of such
warrant or commitment; provided such war.
rant or commitment shall show, substantially,
criminal matter for which such justice Of the
peace had jurisdiction SO to arrest or commit"
Comfy between sister States would seem to
imply that u friendly Governor of a State ''once
bone of our bone and flesh of our fesh"-once
a part of Virginia soil, and to which State Vir.
gina has ever shown the warmest affection,
should, at least, not permit fugitive from JUS
tice to escape by reason of "informality or de-
fect," for which justice of the peace would
rot he authorized to discharge common often.
der, should induce him at least, to cause the
accused to be arrested and be kept without re-
gard to petty informality or defect in a requi-
sition, when the accused is notorious criml-
pal whose history has been published to the
Worldwide has violated the sanctity of our
soil, and the most sacred obligations Of cti.
zen.


But if all the laws Of Ohio on the subject OF
the rendition Of the fugitive slaves from justice
have been repealed, that State is still under the
jurisdiction OF the Constitution OF the United
States and still bound by the laws of Congress
which have been passed to enforce the Consti
tutional guarantees; and the Attorney General
admits that "whatever power the Governor
may have, must be derived from the Constitu-
ton of the United States and the act Of Con.
gress." The constitutional provision which
have quoted gives ample authority. The act Of
Congress provides that whenever a demand is
made by the Executive Of one State upon an
other ut shall be the duty Of the Executive au.
thority of the State or Territory to which such
person shall have fed, to cause him or her to
be arrested and secured and notice of the ar
rest to be given to the Executive authority ma