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7 A fS rr-T '-r - i z i - " . ii. f - . . . -.- j. . f iw i l-i yi T-.''-t Y'.--- j-i, iir i-iii -t v . - - 1 i VOLUME XXIII. MOUNT VERNON, OHIO : TUESDAy, APHIL 17, 1860 : . .NUMBER'. 5 r.r r n - . - T.IDCIilU KXXO. - My tool o-dy - , I 7 -: ,-Sailing the VetarUa B; '- -;M wijed boat, A bird afloat. Swim round t&a parpla pkf remote; - Round purple peaks It falls, and aeeka Bine islets and their crystal creeks, " Where high rocks throw, Tbroagb deeps below, X duplicated golden glow. Far, Tagne, and dim, The m on n tains swim; While oa Vesnrias mistj brim, TWith onUtretched hands. The gray smoke stands O'erlooking the voleanio lands. Here Ischi smiles O'er liqoid miles; And yonder, blnest of the isles, - - Calm Capri waits, Her sapphire gates Beguiling to her bright estates. r I heed not, it Mjr rippling skiff Float swift or slow from eliS to eliS; , With dreamful eyes My spirit lies Under the walls of Paradise. Under the walls Where swells and falls The Say's deep breast at intervals. At peaee I lie, - Ulown softly by, L A cloud npon this liquid sky. The day, so mild, la Heaven's own child, With Earth aoi Ooaa reeoaeiled; The airs I feel - Around me steal Are murmuring to the murmuring keel. Over the rail .. Wy hand I trail, x Within the rhadow of the tail, A joy intense, . " The cooling sense Oildcs down my drowsy In Jo!ene. With dreamful eyes My spirit flies -Where Summer sings and never dies O'erveiled with vims, ' . Bhe glows and shines r-Among her future oil and wines. ller children, hid i The cliffs amid. Are gamboling with the gamboling kid; Or down the walls. With tipsy calls, Laugh on the rock like waterfalls. The fisher's child, With tresses wild, Unto the smooth, bright sacd beguiled, : With glowing lis Eings as she skips, Or gases at the tar-off ships. Yon deep bark goesj " r Where Traflio blows. From lands of sun to lands of snows; This happier one. Its course is run-From land j of snow to lands of sun,' Oh! happy ship, To rise and dip,-With the blue crystal at your lip! Oh! happy crew. Air heart with you Sails, and sails, and sings anew! - No more, no more The Worldly shore Upbraids we with its lend oproar! With dreamful eyes Mj spirit lies Under the walls of Paradise! 7 The Great Breach of Promise Case a Decided Change of Front. Our readers probably remember that some months ago, a Miss Carstang, of St. Louis, sued jur.onaw, a wealthy citizen of the same place, for baring broken bis promise to make her his wife. The jury gave Ler the munificent verdict of one hundred thousand dollars damages. She was cootented, but Mr. Shaw was not; so be moved for another tnal, and obtained it It has just been brought to a close, and Miss Carstang gets just nothing at all. It will be her turn now to apply for a new trial, though the - experience of this last one will probably not inspire her with any verv ardnt ifaiM f,sr It d V .w. tlVlUll. Miss Carstang, it seems, kept a boarding house in St. Louis, and after casa ally making Mr. Bhaws acquaintance, cultt-rated it by borrowing money of bins on several occasions. lie became - vt'ti wiaimr ai uer nouse, ana sne as-rta, promised to. marry her.. . Of this promise her sister was the principal witness. Upon this second trial hr whole Hf has been subjected to a merciless scrutiny, the result of which was a conrictioo oa the part o ih. jar 'that her record , was not uESciently spotless to entitle her to dam-''age',"4'' She leaves the court, therefore, not only without any pecuniary solace to her wounded af fections, sot wan the reflection , that her whole life has been scrutinized and sifted and annalr . ed every innocent nictation, every gracious -mile bestowed epoa a former admirer, every act of thoughtlessness and imprudence weighed in the nicest balance of legal criticism ;1 thai she herself has been subject to the mortification of ""ilttln da after day and hearing the uofavoraV b!e comrseati of the opposing counsel npon. her character, and to at! sorts of insinuations: and IT i a ue sues, if cot the Jirect charges that sh Was -a fsmaie ais-entarcs, tbit she bad ensnaredlthe v.:.jD.jina lzt iz.-i (wjia us pqrpose; Of de; tjoUicg tia cf hU' wealth, and that a painfoi tclirify wi3 ksaceiorth attach, to br ?' isccllang. " Tho czprieoe of the Uw whicli Min Cr tang has had will not be without its moral, and it wilt afford no encouragement to others of her ex, whose affections may have been trifled with, t i carry their griefs into- court, unless they feel confident that there is no act' of their past life upon which an injurious construction can be pat, and that they have bees patterns of propriety and miracles of prudence; and naless also they can divest themselves of all sensitiveness of feel iog, and are willing to sacrifice the delicacy of the sex for a doubtful pecuniar j ; compensation of an injury -which loses all its ; hold upon out sympathies when offset by dollars and cents. It was quite time that such a lesson was gir eo, for these breach of promise suits have be come disgustingly common throughout the coun try. Half a jdozen heavy verdicts seem to have stimulated scores of: women, more or leu young, in various quarters, to similar prosecutions. It was becoming absolutely dangerous for a man of wealth to be civil to an ' unmarried lady. We trust they will now breathe somewhat more fret- Y.TvoUt. Opening of an Indian Hound. '' Oo the farm of James . Tippet, in Franklin township, is aa old Indian mound, conical shape rounded up to the hight of 22 feet, and havinga diameter at the base of about 80 feet. . All these mounds have evidences about them of great antiquity, and the most skillful investigators, judging from the trees growing on them and other circumstances; have pronounced that they date back 1000 years. The mound in question has long been an ob. ject of interest arid curiosity, and one of Mr. Tippet's sons, not satisfied with former investi gations, determined that he would koow what it t'ootained. He accordingly fommeneed to excavate and penetrated from the top to the base. flis discoveries were interesting, though not very different from what he expected. Withia about 6 feet of level ground, the diggers found a bed of charcoal, mingled with ashes, crumbling bones aud clay. This continued down to the base of the mound, and from it were taken a number of hutuan Doues in a good state of preservation. They are now in possession of Dr. Wilson, ami may be seen at bis office. Among them are two jw bouea, two thigh bones and three skulls. The latter are hardly the av-rsge sire, and iudi cate a race of no very (?ret intellectual strength. The percep'.ive region of the head is well devel- cpeu, oui ine loreneau receaes rapiaiy, ana tne region of casuslity and benevolence is very 6a( and mffigre, while the animal region id fully de veloped. With this admixture of cNv and char coal were alio found arrow heads, shell beads and stone whistle. This last is very curious. It is about 8 inches in length, tapering in form, nearly an iuch.sud aho.lf at tbe baseand ;arefullT bored from end to end, with the side hoi near the small end. Though not au instrument of very great compass, it may, perhaps, have been, in the hands of the Chief who used it, quite e-q jal to that of Tubal Cain. But the chief inter-ea. about the remains is the skulls, which afford aome clue to the character of the race which once swarmed on the soil that we now inhabit. Who were thej? What became ofthemfT-Abc-ark ( O.) 2?orth American. Eclipse of the San. The total eclipse of the sun, which will take place on the 18ih of July of this year, will be a very important one in the scientific world.- It will commence iu California, and terminate on the borders of the Red Sea. Passing along about the COth degree of latitude, and quitting the American continent at Oudsou's Strait, it will cross the Atlantic to the Spanish shore, and, for some minutes, something like one-fourth of Spain wiil be in total darkness. The shadow will continue iu course over A frisa, crossing the Nile to the north of Dongola, and finally quitting the earth in Ethiopia. During the eclipse the plan ets Murcary, Veens, Jupiter and Saturn will be visible together, arranged in the form of rhom. boid an occurrence so rare that some centuries will elapse before such a spectacle can.be wit nessed again; indeed, the eclipse itself will be of a character that will be unequalled during the present century. Arrangements are already making by Astronomers of Europe to occupy the most eligible positions for making observations durine the continuance of this important eclipse. No preparations have yet been made by American Astronomers, but it is believed, they will not be behind those of other nations in so important an enter prise; and the distinguished Superintendent of the Coast Survey will be instructed to make the necessary observations in Oregon. It will only be visible as a partial eclipse throughout the United States. Another Oherlln Sensation A Nero is Stripped, Cownided and Driven from the Town, - On Monday last a negro arrived at Oberlin and begged refuge and protection, claiming that be was a fugitive from Kentucky. As some suspicion existed as to his being a genuine fugi tive, he was taken before the 'Mayor for exami nation. The Mayor, after a close examination, could not decide whether the negro was a fugitive or not, and declined havtag anything farther to do with the case. The nogre left the Mayor's office,' but bad oo sooner reached the street than he was seised by a gang of negroes, some thirty .t all, who stripped him and cowbided him until the blood spUted from his face, back end breast n lott'.ntv ' He was; theh released d told to leave e'Ja":'on'c.-"He':aiaW' the .black 4brW' "V ""S with 'whipping him almost to death door, pursued him r twovmile, with club, stones and in thUhrotal affair was o0VEvanstia:negro and ' one of .tha notorioat r Oberii resontral r W cei'e f?6 P" romteriahle citizen of 0 berlin,' wjb? witnessed the "rsWetwoYOber-liarfe- completely ;in thV ;h ends' of the negroes; nd eirgnleV liiV.ii. MlTjti aid olheVpIa-ees where blacks are ia power, is pompous, des-potie asd hntalCIevekatd Flat Dealer. A Beverend Defaulter The Head of a Collegiate Institution Bans Away wita iti Fand. The mere fact of the suspicion, ahsence of Rer. Clemon Frachon, principal of the Catholic Institution at Sandwich, C. W., known as L'As-sumtion College, reached ns .several days since, but in order to obtain the full particulars of the affair, and to avoid originally a groundless rumor, we have withheld the informa;ion until the matter could be investigated '. It is now settled beyond a doubt that this individual has betrayed the trusts reposed in him by the church of his choice, and has absconded with whatever of the funds belonging to the institution over which he presided he could lay his bands oa'. He left Sandwich last Monday evening somewhat singularly, but without exciting any suspicion, and was not beard from until Wednesday, when Bishop Pinssinnault received a note from him purporting to be written in Louisville, Kentucky, in which .he intimated that he deemed it advisable to teko a silent and lasting farewell of Sandwich, to expedite which operation be had drawn upon the oeposits of the college to the utmost extent they would admit of. The date ot the letter was evident!? a sham, and there is no reasonable ground to suppose that the fugitive is within a thousand miles of Louisville. In fact, the authorities of the college are wholly baSed; and can discover no trace whatever to .Indicate the course he has taken. Deh-oii Free'ft-ess. : Dome of the Capitol at 7ashAngton. . Captain Franklin's report upon the dome of the cspitol, which has excited much interest, has been submitted to the Senate. .V He says the pressure of the new dome npoo the fonndation walls is one fifty-sixth of the force necessary to crush the materials of which the wait is built, and the pressure exerted by it on the smallest or weakest section of the supporting walls is less than one eleventh of the crushing. force of the materials. These results are obtained by taking everything in the moat unfavorable state of the dome, and under the worst circumstance. -, No doubt is entertained of the perfect stability of the dome. The whole weight of iron work required, is 3," 700 tons, of which 1,900 tons have been erected during the last three years. The original design laid before Congress was altered iu 1856, and $100,000 appropriated, in August of that year -I aud $500,000 on March 6. 1857. Another change wns made last year to accommodate Mr. Crawford a figure of Freedjm, and its pedestal. for the top of the dome, it being larger than the a rat design.- the dome cannot be restored to the origiual plan without large, loss and retarding its completion. The sum of $301. 8G0 41 lias been expended on the demolition of the ol'i loine and progrena otj the new. The biUuee on hand is $398,145 59. The sum of $225,000 is ri quired for the completion. The total cost will be $9d 1,000, and three years more time ia nec essary. -: - , Fight at an Execution. ' ' ' On Friday, the 16ih inst., James Aiken was hung for murder at Kingston, Alabama. While the body was yet suspended, a disgraceful and desperate melee took place, in which were en- -g-Tr- of persons who had come to witness the hanging. - These fights were quite serious in their character. Three brothers by the name of Thacker assaulted and seriockly, perhaps mortally, wounded a man by the name of Wainwrigbt, who resides near the village. He was stabbed with a knife several times in li.e hip and shoulder, and his life is despaired of by J j - I r - tl . . I j . i i nu aiieoaing uuvmuihu. iu mm wnaaiu ut cutting has been arrested. After this fracas, two or three others occurred, which, however, wore not so serious in their nature. : Another inno cent party, unfortunately, in attempting to restore peae, was stabbed with a knife although not dangerously. It is said that these difficul ties did not grow out of anything connected with the hanging of Aiken, but it was doubtless thought a fitting time for the settlement of. old feuds. . Volunteers for tha Defence of Texas. The Secretary of War has notified the Chairman of the House Committee on Military Af fairs that he is now ready to recommend the raising of a volunteer regiment for Texas. It will be remembered that the Senate appended an amendment to the House West Point Appropriation bill, providing for the raising and sop-plying ot the regiment asked for by Governor Houston; but, the House Committee refused to recommend the adoption of the amendment with the sanction of the Secretary of War. That officer now comes forward and favors the prop osition, which will undoubtedly secure a majority of the Committee in favor of it, providing the Secretary in his letter satisfies the Committee, by the evidence ha adduces, that his reoommen-dation has a sound basts. . ' United States Hint. The gold deposits at the Mint iu Philadelphia, for the month of March, amounted to' $144,47 7 88. Silver deposits and purchases, $?3,303 ?3. Spanish and Mexican fractions of a dollar, to the amount of $18,949 17, were received in exchange for new cents, and $3,555 ol old copper cents were received ia like exchange. The gold coinage for the month was $277,010, in double eaglee; $12,525 in quarter eagles; $18,729 io dollars, and $9,177 58 in . fine bars; making a a total gold coinage of $317,451 58. The sil ver coinage was $132,989 01, in dollars, half dollars, qaarters, dimes, half d i m es, t hree ' ce ct pieces aud bars. Cents,' $2d,000. The whole comber of pieces coined during the month is 3,-36,981, of the value of $479;440 59. One of Shakespeare! Heroines, v Notwithstanding Macaalay'e -reputation for conversational power, he appeared -to have ut tered few bon mots, to have roade fiw converse tional points which are repeated and remember ed. " One of the very few good stories'afrent of him is this following : j ' ia said be ntetllr:. Beecher Stowe at Sir Charles 'Trevejlan'r and rauueq iter pn.ner aumirauoa oi ooajtespeare, - HWbich of his characters do joa like beett said, he; f pesdemona, sald the lady.1 ""Ah, of course was the reply, "for-she was the only one who ran after ahlacjc'njaiw ;-i.a:'.T;- ThoThrea .national CohyeivtiQaiCiS ; ' ;lThe three-National Conventions for-the nomination of. Presidential candidates' will be held at the followieg times and plates-! the Democratic tkjnvenuon at Charleston; on lha. 23d. inst; the TJnioa Convention, at Daiii'more, on Wednesday, the 9th of Msy, and tho Eepublican Convention, at Chicago, on Wednesday the 1 6th of Uj. ;v a; .irriya .ljs; Iiio. MESSAGE OP GOV. LETCHEB; " '' " JlecTmr'DsTrAaTa'Ei-' , ' . ' ' ' March 24th, 1850. J Gentlemen yf he Sennte and Bouet of Dele gales:' ' ""V ' ' ' ' - ' Oo the 27th day of February last, upon information believed to be reliable, I issued - a requisition on the Executive authority of the State of Ohio for Frauds Merrian and Owen Brown, two of the persons engaged with John Brown in the raid at Harper's Ferry. In reply to the requisition, I have received a communication from Gov. Denniaoo of that' State -declining to surrender these fugitives from justice, Jfor reasons which were assigned by Gov. Kirkwood, ef Iowa, and which, taken together, demonstrates a determined purpose on the part of the Governors of these States ta refuse a compliance, with the express provisions , of the Coustation of the ' United States, and the lawsmade to execute those pro visions. .. . - . Gov. Dennison informs me that the reasons for his conclusion are fully set forth in the copy of an opinion of the Attorney General of Ohio, which he incloses. The Governor's letters and that opinion are -herewith transmitted far for your consideration. ' The Attorney General ot Uhto assigs three reasons why this requisition should not be com plied with: !- ' 1st: That no enaetmsat ' of this State (Ohio) has clothed the Governor with authority to surrender to another State fugitives from its justice seeking refuge here. . Whatever power he may have must be derived from the Constitution of the Utiited States, asd the act of Cooeress re specting fugitives from justice,- approved 12tb February, 179.)." And then he states that un der that act, 1st, He must have been charred io another State, by indictment of affidavit, with the commission there of treason, felony or other crime. 2d. He must have fled from that Slate to es cape its justice. 31. Damand for his surrender, accompanied by an authentic copy of the indictment or affidavit on which the demand is predicated, must have been made of the Executive authority of the state Jrom which the flight was made. "When these do concurrently happen, th power to jremove exists, and must be executed." 2i- tie objects that "there is no allegation, still less is there any evidence, that Merriam iwer fled from the State of Virginia. The At-toroey Genrat says: "True, the preamble to the requisition recites 'that it appear by the annex ed documents that Merriam is a fugitive from jajtice trom virgm.a, out this recital doea not nccora wun ine taci. no aunt wnatever is shown by the documents annexed." 1 21. The Attorney General takes the ground that "there is nothing to show that he (Merriaml was ever within the Stale of Virginia, savb the allegation in the indictment, that the offdnae of which he is accused was there committed. ' I propose to consider briefly these objections ; 1st. There is no law in Ohio which author izes the Governor ; to surrender fugitives fiom justice. 11 this be so. it would only prove that the state of Uhio bad refusei or neglected to comply witW the Constitutional provision, which requires that "a person char ed in . any State flae from justice and be found in another State, shall, on demand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction over the crime. I have examined the last revised statutes of Ohio, published in 1854, and find, that from the year 1811 to the publication of these statues. the State of Ohio had ample provision for the surrender Of fugitives from justice. This provision is contained iu the ninth sectioa of the act securing the benefit of habeas corpus, and is io these words: ''Provided, that if any citizen of this State, or person, or persons, at any time residents in the same, shall have committed, or bs charged with having committed, any treason, felony or misdemeanor, in any other part of the United States or .territories, where he or she ought to be tried for snch oSence, he, she or they may be sent to the State or Territory hav ing jurisdiction of the aoence. But to evince a determined purpose not to comolv with the Constitution, that proviso was repealed by an act passed in 1855, in which the act repealed, was re enacted, omitting the words quoted ; and a- gain, in loos, tne repealed act was again repeal ed, but re enacted with the same proviso omitted. And DJff the Jurovernor of Ohio, pleads, thro his Attorney General, the fact that there is no law in Ohio which aathonzas the Governor to surrender a fugitive from justice. If there be any law of . that State which authorizes the Gov ernor to demand a fugitive from the justice of unio, i nave oeen a uasuecesstul in hodin? ft as w a . J Governor Dennison has been in finding the oth er. And yet the constant practice of that State is, and its present Governor has acted npon the practice, to demand fugitives from other States. .- But if the Governor of Ohio weredisnosed 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 justify the detention of a notorious offender and require mm to oe sent w ine auinorities ol Virginia. 1 find in the same Revised Statues, an act ooncern iag fugitives from justiee, passed in 1831, and the repeal of which, after the closest scrutiny. I have not 'been able to discover, which provides that, whenever any person shall he brought before any justice of the peace within this , State (Ohio) charged with the commission of anv criminal offence anaiast the lava of anv other State, or any of the Territories of the United States, ilehalr be lawful; and it is hereby made the duty of such justice of the peaee to bear and examine such chares, and npon : proof by him adjudged sufficient to commit soeb person to the jaU of the county, in which said examination shall take place, or to eaute such person to be delivered to some suitable perton, io be removed to a proper place of jurisdiction.? J ibis law is still in force, the friendship which, once existed be-tweeu Virginia and IheJState of Ohio ia the better days of the Republie ought io haye induced the Governor to -have referred the surent of Vir- ginisr to that statute, and to have promised aid and 'assistance in executing its provisions'. , If li nas ooen repealed, men it ta another evidence of determined purpesa to enjoy the benefits of the, Union without complying with the obligations imposed. "A- sad spectacle, 'exhibiting a great State of a great Confederacy, boond by the obligations of a compact, and repealing laws which itself had "enacted to enable her authorities to carry that fcompect into execution. ": Bui, if it' be in force, then is it-obviously one c the provisions Onxinany designed, to ezectua the clause of the Constitotion.-, ; ,. i" By this law, the -criminal is to be delivered to some suiuble person; to be removed to the propetrplace, of:joris4iction. -Who ao.suitable as the agent who asks this extradition tinder authority from the State having jurisdiction? ..Who more suitable than the persoa to whom the Governor of Ohio' might he.fecpj3raended him" to bedeKveredf.-If, when the reuisi ion ista&de, the person charged is at large and ; .hajj cot tsen arrested if. gives authority f tis - arrest;- and when the warrant1 of the Goveroor is usaei" for bis delivery to the agent of tha Uia deaand-ng the fa g iiiva, it authorizes his delivery to that seat, who if tie "ssitaUa ptnoa' istesdeJ, -. Again, the Staie t)f Ohio has "shown "ia the execution of her own- criminal laws, that she does not intend that criminals shall be alloaad to escape or oe discharged for mere informali ties or defects which, might be cured. She has provided, in an act to amend an act aecwing the benefit of . the. writ Of habeas, corpus, pitted in 1834, and to be found jn the same edition of the revised statutes, that if any peaaoa shall be com. mitted to prison, or be in custody of any officer for any criminal matter, by virtue of any warrant or comitment of any justice of the peace of this Stale having jurisdiction in such criminal matter, such person shall not be discharged from such imprisonment or custody, by reason of any ittjyr-mality or defect of such warrant or commitment; provided such warrant or commitment shall show, substantially, a criminal matter, for which such justice of the peace had jurisdiction so to arrest or commit. , .Comity between sister States would seem to imply that a friendly Governor of, a State, "once bone of one bone, and flesh of oar flesh" once a part of Virginia soil, and to which State Virginia has ever shown the warmest affection, should, at least, not permit a fugitive from justice to escape by reason of "informality or defect." tor which a justice of the peace would not be authorized to discharge a common offender, should : induce him, at , least, to cause the accused to be arrested and be kept without regard to petty informality or defect in requisition, when the accused is a notorious criminal, whose history has been published to the. world-who has violated the sanctity of our soil, and the most sacred obligations of a citizen. - But if the laws of Ohio on the subject of the rendition of fugitive slaves from justice have been repealed, that State is still under the con stitulion of the United States and still bound by the laws of Congress, which have been passed to enforce the Constitutional guarantee ; and the Attorney General admits that whatever power the Governor may have, trust be derived from the Constitution of the United States and the act of Congress." : The constitutional provision which I have quoted gives ample authority. The act of Congress provides that whenever a demand is made, by the Executive of one State upon another, "it shall be the duty of the Executive authority of the State or Territory to which such person shall have fled, to caese him or her to be arrested and secured, and notice of the arrest to be given to the Executive authority tnak-ing snch demand, or to the agent of such authority, appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent, when he shall, appear.' . This law makes it the duty of the Evecutive of Ohio, to cause the per son charged, to be arrested aod secured, aud notice of the arrest to be given to the Executive of Virginia, and to cause him to be delivered to her agent. If Virginia has made an omision which is merely formal, or which may be corrected, it is the duty of the Governor of Ohio, to cause the accused to be arrested and secured. ! If sba has com pi ed with the law, and the aensed is in custody, it is his duty to deliver him to her agent. This is an obligation which ubould not be, lightly violated. This is the comity between friendly sovereigns, which is contemplated by the law and was well understood and acted upon by the sires, whose examples ia this kind and oiher matters-, if followed, would" render us a ooited and happy people. .. . If, then, the law authorizes it, what ought to have been done by Virginia, which she has failed to do, which renders the law inapplicable and without force'io the present case?- This brings me to consider the defects or informalities) which which are alleged by the Attorney General to exist in the requisition. That officer states that the accused must have been charged by "jodict-meat or affidavit, with the commission of treason felony or other crime." In this case the requisition was based upon an indictment, ia which a Grand Jury, at a special term of the Circuit Court of Jefferson county, on the 8th day of February last, found a true bill against Francis Merriam "for advising slaves to rebel and make insurrection; tor conspiring with slaves to rebel and make insurrection, and for conspiring with certain persons to induce slaves to rebel and make insurrection," an offence made felony by the laws of this State. A copy of the indict, ment, certified by the Clerk of the Court, whose signature and official character were autbentica ted by the Judge of the Circuit, and all authenticated by the seal of the State, accompanied the requisition. This is ' admitted to be a sufficient compliance with the first requirements of the law, laid down as essential. " Iu the next place, it is said, "he must have fled from that State to escape its justice:" and the ob jection is, that "There is no allegation, siillles is there any evidence, that Merriam ever fled from the State of Virginia." The Constitution of the United States declares that a person charged with crime, "who shall flee from justice and be found in another Stale,", shall be delivered up. The Object of the Constitution is, that when a persoa has left the jurisdiction of a State where the crime is committed, is beyond its authority, where its legal process does not extend, and is found in another State, that the State io which he is found shall restore him to the State which has lost Jurisdiction, that it may proceed to have him punished. .The fact that he is found io the State of. which he is demanded, goes to corroborate the charge that he has fled fromjustice.- The fact that he has been indicted, proves that be is charged with crime. Then, all that is necessary, is to show that he is charged with having fled from justice. It is impossible to show the quo animo with which he is found in another State, except from the fact that he has committed crime elsewhere, that be has been in dieted for crime and that, if caught, he is liable lobe punished. The inference of the law, therefore, is that be bad fled to avoid the consequences of his crime. ' .- .The law of Congress does not require the Executive demanding the fugitive, .to state that he has fled from justice. It simply requires that "whenever the Executive authority of any State in the Union, or either of the Territories, North, West or Sottib pf the river Ohio, shall demand any person as a fugitive from' jutiice of the Executive authority v( any. auob State or Territory, to which such, persoa shall t have fled, aud shall moreover produce, the copy ,of he indictment found, or an affidavit made bet ore a magistrate of any Slate, or Territory as aforesaid, charging the person so. demanded, with having committed treason, felony or other crime certified "by Ihe Governor "or Ch ief. Afagistrateof. the State or Territo'rr frpnj whence, the. person' so charged fldit shall be' the duty of the Executive authority of the State' or Territory to which such person shall have fled, to cause him or her to be arrested , and secured,', and notice, of the arrest io be given ("ta the' Executive authority niaiaogjncOemM sent"Of sack authority appointed to receiva the ugitive, and to cs use the 'fugitive "to ta 'dfcUver&df toaact agent,-wheit he shall appear.' .-;;' J . I ,J The requisition which I issued. to' the Governor:-of ;Ohio,Ui4the80Vwords:-i ;; " j v Whereas it ' hrmears1 ty thef ' aVnexed'docn. mentst' which "are hereby- certified to be korben-1 tic,"that Francii Merriam; is fug!iivefroailQs-t tice from this Statecharged with advising slafes to rebel and maka insurrection,, ,an3; with coi spiring with certain "persons to jadace Blaves to rebel asd ttaakffi3Sutreet;on.'"Koirr.therefore!,, John: Letcher,' Governr f tLaSute pf Virginia, have tbo'aght proper, "ty virtue cf the' provisions of the CoBslUution cf . 3 Unilii E;a.t5j;ia inch cases ma a asd" pre. .--J, and cl i' 3 act of Congress passed ia psrzaance llsricf, to de- mod cf ue ExtcswTe of Ohio the surrender of the said Francis Mer ritm as a fugitive from justice, to be delivered," &d -Now, it is alleged,' the documsLu an uexed to the requisition did not show", that Merriam was a fugitive rrom justice, those words in the preamble were tmere surplusage; : but those docameuU did show that he was charged by in dictment with felony. The requisition 'shows, that ia making the demand,-. I did assert that he was a fugitive from justice, and in the very terms of the act ol . Congress "as a fugitive from justice." thus com plying fully with the requirements of the law" of Coogress.' If these words, 'therefore,!, John Letcher, have thought proper to. demand, 4c, the surrender of the said Francis Merriam as a fugitive from justice" do not make the allegation that he has fled from i us tice. it is difficult to conceive what words could have been used that would be more explicit. The allegation, therefore, is made most distinctly and directly. It is not usual to exhibit with the re-quishion evidence to-prove that the party has" tied indeed, I doubt whether an instance can be produced in whkh it has Ueo done where the requsition is based 'upon an Indictment. If he is not found in the State-, of which be is demanded, that is evidence of the fact that be baa not fled there. If he be found, the Constitution implies the fleeing, and ha is to be delivered up. To show that it is not usual io require evidence to establish this fact, where the requisition is based npon indictment., it is only necessary to refer to a demand on this State, made by Gov. Dennison himself within the last month. It is conclusive on this point. That document accompanies this, communication. On the tenth day of February last I received a communication from one of the Justices of the county of Wa-.ren, ioformiag me that he had committed Silas Taylor to jail, under a charge of having committed a forgery in the State of Ohio. A law of this State, in the true spirit of comity between sister States, having made it the duty ot the Executive . to communicate the informati n I bad received to the Executive of the State where the crime is charged to have been committed, I directed the Secretary of the Com monweaith to give the necessary information. It was doneand in a short time I recti ved a communication from Governor Dennison stating that he had received the letter, but asking, "will you oblige me by communicating, at your earliest convenience, . in what county in Ohio Taylor stands charged with forgery. This will enable me to communicate with the Prosecuting Attorney, 3tc by which to procure the proper papers for a requisition. If you do not know the county, please seud any other, information that will enable me to act in the premises." Instead of refusing togive the aid desired, the Secretary of the Commonwealth immediately wrote to the Justice of Warren, who had committed the accused to iavl. to rive the Governor of Ohio the information desired. "And on tie 25th of February I received a requisition from Gov. Dennison, demanding the arrest tuid Surrender of Silas Taylor. , . , . . . . , .This requisition is based upon an indictment,' which, like t ie indictment in the case of Merriam, has not one word in it from beginning to end, showing that Taylor had flad from justice, or had been a fugitive from jastioe. and not a scintilla of evidence, either by affidavit orother- wirt, to snow mat he was a fugitive. " The only difference between the two requisitions is that the Governor of Ohio in his requisition says, "and it has been represented" that Silas Taylor fled from the justice of lhi -State,' without saying to whjuaMndTXeen replnretf,""jby whom it bad been represented, and without proof to establish it. The requisition of this State demands the surrender of Merriam "as a fugitive ftom justice." without proof that he was a. fugitive trom justice. - What did the Executive of Virginia do nnder these circumstances? Did he refuse to deliver up a fugitive ecanse he was not proved to be a fugitive, or because the indictment did not assert that be was a fugitive? No Believing that a sister State would not demand a criminal for trial unless convinced that he had violated her laws, and willing to trust that criminal to the jurisdiction, in which the offence was charged to have been committed, 1 immediately issued my warrant for the surrender of the crimiual asked for, aud he was delivered up to the agent of Uhio. L-omity-and , good fellowship between States living in fraternal concord, under the same Union and government, (as I thought,) required this of me. What does the Governor of Ohio do ia a case infinitely stronger in a case in which it has been published to the world that Virginia had been invaded by a set of desperadoes, wbo were en gaged in murdering bet inoffer.ding citizens and in desecrating her soil, in which the names of the offenders have been established, and a re ward has been offered for them as men wbo have fled from justice, who are known to be guilty beyond the possibility of a doubt? He coolly sits down and submits a requisition for these offen ders, which is issued in the "usual form, to the acuteness of his Attorney General to pick flaws and search for informalities and delects, to give a color of reason to deny the extradition, so that the offender may escape before the defect, if it bo a defect, can be remedied. And, before information is given to me ot any defect, I find it telegraphed to the world that my requisition has been refused. And, I am tcldr "whether this defect can be cured is a question which ad dresses itself solely to the authorities of Virginia." I should feel that the State of Virginia would bebemiliated if I should attempt it after objections like these, and after the course she has pursued to the State ot Ohio in similar cases. ,". :':: But, 3d. The Attorney General of Ohio ob jects, that "there is nothing to show that Mer cian ever was tn the Mate ot V irrinia, save the allegation in the indictment that , the offence of which he is accused was there committed.. The first ct-jection was, that there was not one word in the indictment to show that Merriam had .fled from justice; and now the objection is, that the allegation that he ever was in Virginia is found nowhere save in ' the indictment. Where else should U be found? . The act of Congress provides (hat the . fugitives are to be demanded oo the certified copy of an indictment, oecause Qhe indictment sets sorth the offance formally. In this case, it is expressly stated in the indictment that said Francis Merriam, being a free persoa, on. the JCh and 17ih days of the month of,October.ia the year 1839,' in the county of aeoersoB suiu uumoDnweiiia oi v lrginia, ana within ihejaaaliciloiip mit-theofience- -with- which he was charged. What language" could " be" used" to espreuthe thonght'more fuHy ahd more explicitly? ; " ' The-Attorney General further says: "The aeeassity cf ina'iting upon, rigid proof of flight will not be do&bted by any oca familiar with ths fact, that in some of the States a practice has 'grown upofdemaDdiDgthasarrendr as Hagi-lives frem; jumice froa tiHseSratea,';tf persons wbo have never been within" their limits, on the Tegal "fiction f a constructive presenee sind a 'constructive CighLr -v ' ' ' --:'-yri - It is not known that thisf practice has obtained 4 in VrginTi7TioTlspx:itDalenaTlo"Tnq a" requisitions from whatever State must be governed tytt -aliform law.! - If kseh a practice has prevailed, in any. of the. Futes of the Upiooj the Attorney Genersl - shou! J. live exposed such Siaie3--iLfeir names, bbould have been giveo'lo tha country. ,; 1 1 ', T " " Ce doe net ksow t! it sacV MFractce has oh-txlizi hi-TI.-riai.Tifa, ty latiaate' each a charge? Was it the deliberate purpose of t9 Attorney General of Ohio, to add Usuh to strait? Did the Governor of Ohio intend to give his endorsement to the insult so gratuitously offered by his Attorney-General? This imputation npon the practice of the; State of Yirgiaie, .;tkmi iK .lio-htpst iustificatioaorexcess. as the Attorney General and the Governor of CL1 both ooght to know. r- ' ' r" And, now, in conclusion. If the coarse which b tha aathoxkies of the Statrt of Ohio aod lewa, is to become the settled policy ot. the non-siavenoiaing omiea iwrui w must adopt such measures for protection against these gross outrages upon our rights as will be suited to the case. We must adopt retaliatory measures, and thus show them that wears determined to resist, with becoming spirit, every en croachment upon us, and every refusal io cob ply with constitutions and -laws intended fur our protection. What these retaliatory measure shall be, I leave to the wiadom cf the General Assembly.. ' ; , Respectfully, . Jnx Lrrcssa. Unnecessary Torture. Facta" for the Ia-' credulous. " The agony suffered by the limping pilgrim who neglected to boil the peas he carried in his shoes as a penance, was nothing to the horrible twinge the rack iog tortures which rheamatte patients soger. We pity the obstinacy, or the ignorance or the prejudice, whichever it may bewhich has thuS far prevented them from resorting to those greatspeciScs for rheumatism, Holloway'e Oiat-meat and Pills. It is curious, ia a country where almost every one can and does read the newspapers, that facts of the utmost importance to the health of thousands should be overlooked or disregarded by any of the suffering class ' Thorn tbey immediately concern. - Yet, so it isC - Almost daily we see persons moving patntuSy through the streets, with contracted limbs' and joints rendered 'rigid by disease, to whose lhi penetrating and laxative negoenl invented - ly Professor Holloway would be worth its weight la diamond dust. Ia the Eussiaa hospitals, U has superseded every other external remedy 'fir rheumatism. Nothing else, esy the French surgeons employed in those institutions, seems to have the slightest effect on the terrible forme of the malady which exist in that inhospitable cli mate. The results of its nseia this country are, we are assured, no less satisfactory. Warm fomentations should, in all cases, precede its "application, as by thia means the pores of. the skin are opened, and the process of absorption great ly facilitated. The rapidity with which the Ointment disappears nnder the hand while being rubbed in, is astonishing. Tha inflamed .fleshy-cr indurated muscles seem to driuk in the coolirg, soothing, relaxing unguent, as swiftly. as the desert sands imbibe the genial rain. As aa auxiliary to tha Ointment in rheomalio cases, the Pills are said to be invaluable, and we can readily believe it. All external disorders more or leas interfere with the functions of the internal organs, and the presence of disease on the surface always involves a bad, condition of the secretions and the blood. It is by the correction of these, functional derangements, we presume, that the Pills assist the cure. Such is theJheo-ry of the distinguished inventor of the remedies, and as it is consistent with common sense, (which is more than, can be said of all medical theories,) we have nothing to object to it. ' One thing is certain with regard to rheumatism iu this climate: ; In; nine cases out of tea it defies the "regular' treatment. Colchicam, the stereotyped prescription, is more paneful to the constitution than merenry itself; and though it may, by its paralysing influence, so far benusnV the parts affected as to alleviate the pain, w have never known an instance in which it has thoroughly eradicated disease. On the ofhr band, it is tliimed that Holloway "s reroed:e t pel it utterly; and this claim is fortified by volumes of direct and uncontradicted testimony.- "Periodical Critic." . Inventions and Improvements are not Confined to Mechanics. There are others, not perhaps so outspoken and noisy, that occupy a deeper strata of aocie'y whose improvements are not less palpable, aid whose silent influence upon the comfort and haj-piness of society not less striking. True, the advent of a sewing machine, a reaper, or a plow, ing machine, which at once does the labor of score Of hands, is an event so notable, an improvement so manifest, that all are impress d with its importance. In almost all such cases the result is gained not so much'by the discovery of new powers as by the : new application ao-i combination of those long known and understood. What is yet more remarkable is, that the aew application is so simple and efficient that we won- ier it had not been thought of and applied loaj before. - ' ' - . r r. Such were bar reflections -on seeing- onetf Prof. Humphreys' famify cases of Specie Corn eo pat hie Medicines.' Comprised - in a small case, which is a handsome ornament for a ledy'e table, von have twenty specific remedies, appto-priate for almost every ailment -or disease wUwh may occur in sv family, together- with a concise little manual of directions for reference awl us. The whole arrangement is simplicity itself, aal . the remedies are so arranged and labeled ih any intelligent person may apply them at once successfully, and thus, In the moat important, sense, become their 'own physician. - Ito accu rate investigation or etndy. oo balancing of pro Debilities, is necessary, Here ia the ailment. there the pleasant, sugar-plum remedy. . All this ; simplicity and certainty is attained by the mere combination of the best Homeopathic Usiicinea according to Prof. Humphreys' theoiy and die covery. So simple and common, sense, and ye so efficiety. does thehoiearrangemeat appear, and so obviously does it meet the wants of aftn-ily,-tha!we wonder the profession had act ago availed themselves of it, and that just soeb simple and pleasant remediee had riot tu giv. en to the people long. ago. . If thia. new iil;cv-ery and arraBg-ment shall have the -tza wr ' :J it promises to do, of driving froo ne ti destructive and deleterous drugs so Toe j ia sc.-and inducing a reliance on ctsre arl i.c'j means, it mast be cossidsrsd en. kS iL tr:J joswrtant iwprovewer.ts. rf the ag,e-l f a "which a sofferiog and overdssed worli ssi'- rt quire.""--.- ;' ,' . -:; ' " r : ' in,,' - ' i- - ' Tis Ctatr" Tilrv - i- '-rsThe Dajtoa fJose hears Tamor tLst Cm State, Board contemplate la recooslieratioa cf the dSc'uiod in favor ef Haytonas the f'lca fcr-haUing the Stair Faitv The reitr-;! t,'. , ; ; b, t;hat the Ur-ited Slates Talr will be I . Cl3r cinntic jhe,weck previous, and tlat it 'vV-, necessarily, greatly interfere wlih ths Cua L-Ir if located at Oaytoa. Soert l oa tie ,w3 le ie?dc:ed. '
|Title||Mt. Vernon Democratic banner (Mount Vernon, Ohio : 1853), 1860-04-17|
|Place||Mount Vernon (Ohio)|
|Date of Original||1860-04-17|
|Source||LCCN: sn86079142, Mt. Vernon Democratic banner (Mount Vernon, Ohio : 1853), 1860-04-17, Vol. 23, No. 52|
|Submitting Institution||Knox County Public Library|
|Digitization Information||300dpi, 8-bit Grayscale, Model: NextScan Phoenix Upgrade, Software: iArchives, Inc., 3.240|
|Source||Reel number: 00000000003|
|Submitting Institution||Knox County Public Library|