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_= - * =-~ ilirliinon. fispatfjy. - y rs»w AltPl* * n*nyignai,KT. I ~, ~»;; v DISPATC9I is served to sub- J ' «V vli :sis;*»:>eonnutul c*nt« run wnsg, 2.itoCarrier weekly. Price for mailing, I r,tt»e • |" t j,., ti \ months, in advance. " 2?«aaMl vr FFK l-V IMSPATCH isiseued I *»• ',• and I'tarta; at ♦».*), in advance. swSjBTVKWtI.V PWPATCI te issuede'nej TfcJ I H<i maud to snlvcrioersat fl per annum. MOKMN<».. .MARCH IV l?M>. »;t; h>l'™ * _ .. _ IjejJtjU AWKMBI.V or VIRGINIA. SI.NATK Wn-ywPAV.Marrh 11, IfUJu, ;,-, .. A M-. the Senate was called to A . '... (1 y Mcntahi n. who spent "\ ' Mgnlnieenrolled hills ,-,. were notified that the House had fto * ... Senate resolutions 10 provide • . ..'... for the Jeerhreoa <?nard. •«•■■; ,' ~'/.■ ti... -The Oomtntsolow,. . H to audit and pay the Harper's ' ' . o i •• we** direci.il to report to the ''' ' h»i ol till ,; 'f i laims allowed by I**'' irf if •' l!1 tI»MN nesw pm paling before v \'„ indited, and a lis" of .all claims >"'' v"• '. ihem and disallowed specifying """, Misethe sature and amount ef ibe r - . ~...,! payments on account of ,~f com nanle«, the report ahull only ugnatioui of the coin; any and • sliowed. They will also, as lar :,... r; the ..rohable amount of ,Uai-S.. roefollowing bills were re , B] >' r French, wiih bave. a bill •■'- rate toe Peteretowa Woollen and a«!of»CtOrinf I .-mpaiiy. in Uiecouti r tlllee; by Mr August, from ~,■ n Military Affairs, a bill to ' as * ' poesed the day of — . I ",',, ~ t making aa appro] nation ol it-tor the purchase and mannlactupeed ;,..,- ii (in Motion of Mr. Oney I , ;[--.• bill authorising the sabs ol freej !o •; .yrv, who ar« sentenced so re- j . ; ;:: .-ii'".enis and impri-onment, } tge of Hohae bill for Hie relief of ■ '■■ ,i o er, of Augusta, was eonaauaica .. Senatehy Mr. ('iiki-tian, of An s.. ,-,,. on motion of Mr. Paxtoh, took ' ..'■ . .. 0 sUvexard Kanawha Company f. Mr Wi< KHaMoffered asuhutitutethere . ■ ...;; b was ordered to be prsatcet On , • aof Mr Paxtox, the hill was Usee) saade • ' ';.;.: ol the da-, lor Tuesday next at ii\. ",. Ohio.— The subjoined later . - mmuuicatlon, with the swonnalMsuy* I .-,...•,:-. yy.-re submitted by the l'i:i;.i| r the Senate. Un Motion of Mr .?-.mn '. were ordered to he printed and re- ( -~:;. :!i.'t' mmitteeol Courts ol Justice. .. rraNitre* m red th.it l.imo extra copses •': " : CEii t nvn l)i-f-ABT\iK\T.( March litn. MSB. ( SVs lit «u.i Huuit <,! /l-'.gu.'.j . pj bda; nl rebruarj hut, upon intorsna . ~.,' to -> reliahie. 1 issued a re.miMti.in „ ,-,, : c authority ol the State of Ohio, Mrrnsm and Owen Brown, two of tiie . ■,!.■ I with John Broom in the raid at I■, - In reply to ibat requisition, I , ' i v iii'Mocation from Oov. Denr.i --r Stat* declining to snrreadei these fa ~ |Uitl •>. for reasons winch are, in my ...-■. is frivolous as those which were as , ... . ij Kirkweod, of lowa, aad which. ..', • • demonstrate a determined pur . • ; :;.c 'i ivarnoisof these States .. i« a compliance with the express provisions . m .j.nii'i.iit. hi of the United States, ami the ex< its those provisions. Kin nfiirnu me that the reasons U>r , B lulll set forth :ri tne copy of an I i , • c Attorney iieneralol Ohio, which he .'. mm 1 t.f liuvemor's letter and that opinion I ,",-.- i-.-c* : irsutnutted for your consideration. Attorns) lienerai <i Ohio assigns tnree I ~'. Bttrbyt -.-.•,."'• ii should not be complied I . ; t bo enactment of this State f Ohio) hen -~.. , . rernor with the authority to surreu . •,,,, State fugitives from its justice. .■ here. Whatever power he may I . hi s derived from the Constitution of the • itdStstes the actol Congress respecting !..-.« from justioe, approved itith February < ;-, and then he states that nader that act, .. .-• live been charged in another 1 ■ id dai :t. w;ta the romuais ■r« isoa, fe • in . or otijer rime. "PJ Kf mail nave tied from that Si.ate to e5 -.... '. . el ;.-•'. inn || r his surrender, accompanied by •■ •• • > ■•<•■:. el ibe indictment or nendavit on •I -.. id ii predicated, meet have l>een ~> >■•!■— itire authority of the State/rem i ■ iiu ~ Si ••&-,. iii-.le. Wi,»r • • ■ irrentt) happen, the power I ~,-■. -~ | must he executed." « Be objects that "there is no allegation, still m n •■- .i c dence, that Merriam ever fled j Stateol v - rriaia." The Attorney iJene tsiss)! 'True, the preamble to the requisition »■-: i * that ii ippear- ' the annexed doeumeets >:•■• -. lafugit re Irom uistice' from Vir- I ■■». tun •:; I recit il does not accord with the fact. i shown whatever up the documents an .')■•: '. fits Attorney General takes the ground that "litre il i itinng to show that he i .Niemann was • ■■■ s the State of Virginia save tiie allegation ■Us .. -iii":i that the offence of which he is ■ d s v there oommitted " srnsoseto eoasidei brieii these objections: !•'. Tucri- ;i no law of Ohio which .authorizes the tori surrender fugitives from justice, if -.. bsso.lt woi. d onll prove that the State of ' i>liuirefuted ornegieotedto comply with th-« -. n&l provision, which requires that "a irged 11. ani State with treason, felony s.wh. ihsllflee irom justice and be ■ in iti<Tßute,shall,ondeusandoftbaEx - ' ■ t tj o| ibe Stats from which he lied. •us • i .• removed to the ite haying i ■ bon oi the crime." i i summed the last revised statutes of ; j ;; utied in MM, and End that from the year BdummOeol me publieatinnof those statutes, 0 n had made ample provision for the '"'■• rof fat itives fiom Justice. This-provision '"■■ ni-. nod la the ninth section ol the act securing lesehtsol labrat rorjnrs. and is in these words: '' nsd, thai :i any citizen ol tins State, or per • sr ssrsDcs, ai any time resident iatheaama, committed, or 1* charged with having '■>• ittsd.snj treason, felony or misdemeanor, in " *"»i-»Ut of the United Mates or Territories, "-'re be (■: sheeughl te be tried for such ogeuee, >* «6f or tie, may I* sent to the State or Tern <"" Mvmr jurisdiction of the offence." But to I ternuned purpose not to comply with ' Mtitntion, that proeinowae repealed by an i-'-i. *c winch 'ue act rcpealeil was "' '■■'■ nmitting the words quoted; and again, ■'•' '":• remisJed act was again repealed, but re rith the same proviso omitted. Ie Rovernoi ol I ihio pleads, through hiv j ..:'•••,.; lienerai, the fact that theie is no law uf I ' «■ :, authorises the Governor tosurrendei ' ■: m mstice. II there beany law of that ■ - uitaorises the Governor Unl*mmmd a i • mtlie justioe of Ohio, I havebeeuasun •»»'. in iii.ding it as Governor lieunison has i t be other. And yet the constant prae- i ■■ Stste is. and it.v present (inreruoi has ithi practice, to demand iiiiiitr.es Irom .'■ Mstn '-' I th* ii. ernnr ol Ohio wered spoeed to ■ ' ilis friendly relations wm.-ii shonld ••■ ,:w, i i ncr States, he might sfiil have as • ■ estatata bookofOUin to justify the i s notorious ohender and to require it to the authorities of Virginia. I find Nevised Statutes, an act coueeraiag ■ itujnstiee. passed in I*M, and the re - h. after the closest scrutiny. I have not te discover, which provides that •'when ' •■'" i belironghl before ;inv justice of ■ eitiua 'his Htiite. (Ohtn,l charged with ii t i-t/y criminal oiieiu-e ages**! r '»• >M.-', or of an) of the Ten to. ■ -i ' fates il shall I* lawful,and it is retliedutj. o| suehjustieeol i!ie pence to «smine such ebarge. and)upon proof by '. - sdsnftj neni to commit such person to „ ; ; :.=.■ i ,uatj in which ■neh •xasniua ' *; take piece, <•> frnvn -nr,, i-r>cn to '-< ssMies/i />• ii". '•<> a« rt • ■ frtptr f'fice <\f iur!.\-lirtion." . , •» ■ -■ ill n force the friendship which ', •• stween Virginia ami the State of . . ■ lerdajsof the Republic ought to ii,'.' V"'" '»'• Goaernor to hare referred the .-_• irgtais to that stati'te. and to have pro '■' m stance inexeonttng its provie , ».-'"' kieea repeateil, then is it another ■•■ ..."■ '■' '"'t'ltie.t purpose to enjoy me iiene w thoul enmpbing with the ohU ., » "."' A rad spe.-tacie, exhibiting a '. ■ " "i i great Coiifeder toy, boued by the ' ' ; impact of Union, deliberately • fbat compact, and repealing laws ..,,.'•' »d enacted to euahle her autaorities . ' 'iiM'-t into execution. But. if it lie wa sitobviouslj oneofthe pievisions • ....: ; "Migncd to c.rccule the clause of the t!,e criminal is " to be delivered to iv* „ f -, 1 ;V ser*"'.5 er *"'. to ** removed »o the rroper jftat irC, r "™|ction." Who so suitable ;i« the •'- if-t'v.'" "•' •ztrenitiee uiid<-! authority '-•'« .ji'i.'.' 1 ' "*' in * inrianietion : who more - n.,'"." '"" liftson whom the tiovernorof ■ »i,c, i, "•* isndedhimtohedelivered: "*»lefi »■,, I"'"'' * 1 1 " " is ma'ie, the person -*a •• „,"V* '■"■' has not been arresled, it Uttoftst S '" r arrest, aud when the war- r r !" v ""'"' '• issvod for tna delivery to ■'•'■■•: is/; .1 r uu<> dsaianding the fugitive, it 1 • * <*l'L ■?, i,r * r > to that agent, who is •• the •hhi o/A'; 'nuuitog. '.■,,. .';- • ta*e r Ohio has shown, in the exe "Oi Urn „;,, " ftiauaal iaws, that does not .' " • ••■ytVsi r ""'* ~ 1 " 111 ~p al'owed t» escape or ' : '"HikiL." "i ere mldrejalitJas or defecu . '""BdVs * *,'"' r *' (! Bhe has provided, in in sot , '"' : ' estWT *'"'""<'* the iienef't of tiie writ of T' 1 '■ Wis, and to be found in *»■«■ ■STii'i] ,he revised statutes, "that if |"Nj ,-.i LTrrJ* ' ••iiui.itted to prison or be in i>l*'"l tin'w.". " r l " !lli i criminal matter, by "' «i« us*,- r"l " T ciimiiiiliiir nt, of any jus V'" ™«c, hazing junadiction i"««sd i, S ,n;i Uer.s,.ch persoS shall not I* '. *«1 t«, ."''' 'myrison—ntegjrnsjlotly,by ■*i' ,f coiamit-''"'""'"s vnU/ert of each war -2 S ,"w*mskiß* VJ i-rovided, such warrant or •'"'•••ubstaritially. a criminal •i" 1 "* so !.,' • u< '" J"*tice of the peace had ju :*,"»i*r Ht»,l rre " t or commit." Comity be 'i..y"n Kri ,*' ~u ''I «eem to imply that a rX'Hd fissk i ! r "' ■ •"*«•. "once bone of our Xt« .*• »o«« .' But * Virginia has ever •S> :, .»fur,r,•> i H *"' ct * < "i. should, at least, not isli'^iualit.,,;,''",' J "»!,'•? eaoapeliy reason Sfi*»weu&*M*«t.", f"r wh.eh a justice of G?5 °««i.fl* »* *,»«»»oriied to discharge a 'uduec him. at least, to •' WSt.mrV rr f le! !»H ,J « «»t wrilli •usi !•"■ sgli'JCTWf or defect in a resui- h^^^»a i notorMms criminal. ■s&l"'latad nSJiS »« Wished to the world- S«iJ' , *«"i««r itfSinflr**¥• Coantiiatwa h »*W *» •iftirae the H *' l - «n« •••• the Aiu.n.e, Hen ssm vv vrii.tr DAILY DISPATCH. VOL XVII.—NO. 64 RJOHMOND, VA., THURSDAY, MARCH 15, iB6O. PRICE OWE CENT. may have, mnst I* derived Irom the Constitution of the I'nited .Slate* and the act of Congress. The Constitutions! provision which i have quoted sues ample authority. The act of Congress pro vides that whenever a demand is made by the Xx ecntive of one State upon another, "it shall be the dutj of the Kxecotive authority of the .state or Territory to waieh such person shall have fled, to cause liim or her to be arrested and secured, and not ice of the afreet to ha given to the F.xecutive authority making such demand, or lo the agent of such aathortti mpnpnnM to receive the fugitive, and to cause tae fugitive to lie delivered lo such ai-ent »hen he shall appear." This law makes it tne duty of tho Kxecutneof Ohio to cause the per son charged to lie arrested and secured, and no tice ol the arrest to l>e given to the Executive of Vrmnia. ami to cause him to l« delivered to her a»ent. If Virginia has made an omission which is merei» formnl.or whicH may ItOcorrected, if is the duty ol the tiovernor of Ohio tooause the accused to be artested and secured If she hit complied « ith MM law and the accused is in oustody, it is his duty to deliver him to her agent. This is an obii gatton wh<oh should not be tightly viohftod This is the comity between friendly sovereigns, which is contemplated by the law and was well under stood and acted upon b> the sires, whose examples in this and tdher matters, if followed, WOUMren der its an united and a happy people. If. then.the lawauthoriaes it. what ought to have been done by Virginia since she has failed to do that which renders the law inapplicable and without force in the meeent ease? This brings me to con sider the defects or ml irn.alilies which are alleged by the Attorney General b> exirt in the requisi tt'on. That officer states that the accused SB net have been charged bj "indictment or athdavit, with the c. iiiinission of treason, blon*. or other crisps*..— In Ur.x cue the. requisition xvas based upon an in dictment, in which a Grand Jury, at a special tern ol the Circuit Court, of Jefferson county, on the «:h day of February last, found a true bill against Francis Merriam 'Tor advising slaves to relx-1 and ir a!.c i!i«urrec'ion ; for corisp;nr.i; with slaves to rebel and make insurrection, and for conspirm* with certain persons to induce slaves to rebel end nuke insurrection," an otfrncs made felnny oj the laws of this A copy ol the indictment, cer lifted by the Clerk of the Court, whose signature and official character w.,s authenticated by the Judge of tt-.e Circuit, and all authenticated by the sea! of the State, accompanied the requisition — 1 his is admitted to lie a sufficient con pliance with the hist requirement of the lav laid down as es sential. In the next place.it is said, "he meet have fled from that state to escape its justice; and the ob jection is, that "There is no allegation, still less Is thee any evidence, that Merriam ever tied from .irginia." The Constitution of the united States declares that a person charced with crime, "who shall lice fiom justice and be found in another iS'ate." shall be delivered up. The object of the Constitution is. teat when a person has [etttoeju risdiction of* a State, wisere the crime is commit ted. is bo ond its authority, where its ic-al process does not eTfend.and is found in another State, that the State in which he IS found shall restore him to the State which ni* lost jurisdiction, that it may proceed to have lutfi ptirashed. The tact that lie is found in the State ©| which he is de iuanded,jroea to corronoratn the charge that he has fled from justice. The fact that he has been indicted, proves that he has l<een charged with crime. Then, all that is necessary, is to show that he is charged with having (led from justice. It is impossible to show the »•<■ sustnee with which he is found in another Mate, except from the fact that he has coii.mitted crime elsewhere, that he has been indicted for crime, sad that if caught he is I,aide to be punished. Tiie iiitere-ce id the law. therefore, is. tint he has led to avoid thecmse .jiiences of his. crime. The law of Congress does not require the Exeeu tno demanding the fugitive to sta'e that he has lied from justice. It simply requires that "when ever the Executive au'hority o" any State in th ■ I nun.or either of the Territories. North, West or South of the rirer Ohio, shall demand any per son a* afnuilivt from jtntire of the Executive authority of any ttich State or Territory, to which such person shall have fled, and shall, moreover. produce the copy of an ir.i'.ictmpiit found, or an athdavit made before a magistrate of a- y State or Tci ritorj. as aforesaid, charging the person so d» manded with having eowmiitted treason, lefo y. or other crime, certified by *be Governor or Chief Magistrate ef the State or Territory from whence the person so charged lied, it shall be the duty of the Executive authority of the State or Territory to which such person shall have lb I, to cause him or her to t>e arrested and secured, aid not cc of the arrest to be given to the F.xecutive authority making such demand, or to the agent of eueh au thority appointed to receive the fugitive, and to cause the fugitive to t>e deiiv red to such agent, when he shall appear." 1 he requisition which I issued to the Governor of Ohio is in these words: "V.'hereas it appears b» the annexed documents which are hereby certified to be authentic, tint Francis Merriam is a fugitive from tustice from tins State, char-red with advising slaves to rebel and make insurrection, end with eoaspiring with slaves to rcl el and make insurrection, and with eonspirins with certain persons t.> induce slaves to iebel and make insurrection: Now, therefore. I, John I.et'.ukk. Governor ol the State of Virginia, have thought proper, by \ irtu« of the provisions <r] the Constitution of the Tinted States in such cases iv.de ami provided, and of the act of Con gress passed in pursuance thereof. t> demand of the Executive authority of the State ef Ohio the surrender of the aaid Francis Merriam '«.<it/»rgt tirtfrim justif,' to b3 delivered. ' Ac. Are. Now. if as aliened, the da cuments annexed to the requi sition did not show that Merriam was a fugitive from justice, those words in the preamble were a iiierj surplusage ; but those documents did show tint he was charged by indictment with felo ny. The requisition shows, that in making the de mand i aid assert that ne was a fugitive lroin jus tice, and in the very terms ol the act el Consress, "as a fugitive from justice." thus complying fully with the requirements ol the law of Congress, [f these words, ' therefore. 1, John Lctchor, .V.c . have thought proper. Sec. to demand, ic. the surrender of the said Francis merriam ax a /*«»' n>« from isurieg," do not make the allegation that lie has fled from justice, it is diiheult to con ceive what word-- could have been usee that would be more explicit. The allegation, therefore, i« made most distinctly and directly. It is not usual toexbihit with the requisition evidence to prove that the party has fled -indeed, 1 doubt whether an instance can !» produced in which it Ins been hone where the requisition is based upon an indict ment. If he is not touiul in the State ol which he is demanded, that is evidence of the fact that he has not tied there. If he be found, the Constitu tion implies the fleeing, and he in to be delivered up. To show that it. is not usual to require evi dence to establish this fact, where the requisition is based upon indictment, it. is only necei-sary to reler to a demand on this State, by Governor Deanison himself within tho last mouth. It is conclusive on this point. That document accom panies this communication. Ontlisluth da> of February last, I received a communication Irom one of the nistices ol the county ol Warren, informing me that he hid com united Silas Taj lor to jail, under a charge of hay ing committed a forgery in the Sta'e of Ohio. A law of tins state, iv the true spirit ef comity be tween sister States, having made ;t the duty of the Executive to communicate the information I had received to the Executive of the Brate where the crime is charged to hive been committed, I direct ed the Secretary ol the Commonwealth to rive the neeessars information, ft yvas done, and in a short time I received a communication from Gov. Den ruson, stating that be had received the letter, but askiu-? "' will youobJige me by eemmnaiaating. at soar earliest convenience, in what county ill Ohio Taj lor stands charged with forgery. This will ena ble me to communicate, with the prosecuting attor ney. Ac, by which t> procure the proj;*r papers lor a requisition. If you do not know theeountv, please send me any other information that will enable me to act in the premises." Instead rtf re fusing to give the aid desired, Ihe Beoretnr> of the Commonwealth immediately wrote to tne justice n Warren, who had committed the accused to jail, to give the tiovernorof Ohio the information de sired. And on the 28th of February, I received a requisition from Governor Deamsoa, demand ing the arrest an I sunender of Silas Taylor. This requisition is baaed upon an indictment which, like the indictment in the case i>( merriam, his not one word in it from lieg inning to» ml. show ing that Taylor hail fled from iiistice or had b»en a fugitive from justice, and not a scintilla of evi dence, either by aflidavitor otherwise, to show that he was a fugitive. The only difference t>et ween the to o requisitions is,that the Governor of Ohio in bis requisition, says-: "And it has lieen represented that Silas Taylor fled from the justice of this State." without saying to Whom it had. been icpre seated, by it hid t«een represented, or when ami how it had been icpreseuted. and without proof tc establish it. The requisition from this State de mands the surrender of Merriam "as a fugitive from justice," without proof that he was a fugitive from justice. . VVh.it did the Kxeeutive of Virginia do under these circumstances J Did he refuse to deliver up tiie fugitive because be was not proved to be a lu giti\e,or be- iii-.e Mn. indic.imontdid not assert that he wa.-; a fugitiver No. Relieving that a Bister State would noldcmnml a < riiliinal lor trial un.ess convinced that he had violated her laws, and wil ling to trust that ci miiii.il to the jurisdiction in which tho offence wee charged to have lieen com mitted, I immediately iisued my warrant to sur render the criminal asked for, and he was deliver ed up to the agent of Ohio. County and good fel !o» ship between States living in fraternal concord, under the same union and Government (as I thought J required tins of me. What does the Governor of Ohio do. in a case infinitely stronger—in a case in whioh it has been published t< the world that Virginia had been in vaded uy a >et of de-pcradorg. wfiu were engaged in murdering her unoffending citizens, and in dese crating hei soil, in which the namesrf the offend er* have been and a. reward has lieen offered for them as men who have Jfed from justice, who are known to lie gniltr beyond the possibility of a douut' He coolly sits down and submits a requisition for these offenders, whioh is issued in the usual form, to the aci'teness of bis Attorney General to pick flaws, and search for informalities and defects, to give a eeforof reason to deny the extradition, so that the ollendors may escape fie fore the defect, if it lie a defeat, can be remedied. And, before information is given to me of any de fect. I find it telegraphed to the world that my re quisition has been refused. And, I am told, "whether tins defect can lie cured, is a question which addresses itself solely to the authorities of Virginia." I should feel that the State of Virgi nia would lie humiliated if I should attempt it, af ter objections like these, and after the course she has pursued to the State of Ohio in similar cases. But, 3d. The Attorney .General of Ohio objects, that " there is nothing to show that Merriam ever was in the State of Virginia, save the allegation in the indictment that the offence of which he is ac cused was there committed." Thn first objection i*as, that there was not one word in the indict ment to show that Merriam had fled from justice; and now the objection is that the allegation that he ever wan in Virgisie is found nowhere save in the indictment. Vellere else should it be found.'— The act of Congress provides that the fugitives are to be demanded on the certified copy or an indict ment, because the indictment sets forth the of fence formally. In this case it is expressly stated la the indictment that "ssid Francis Merrfens.be ing a fres person, on the Wth aed 17th day:< of the month of Octolier, in thn year law. t n the county of Jstfersoo and .Common wealth of Virginia, and within tie this court." did commit the offence with which he was charged. What language could be used to express the thought more fully aad sserw explicitly V "~ The Attorney Geeeml further says: " The ne cessity nl insisting upon nifd'proof of flight will not be doubted by any one familiar ivnh Mi, fiet, that it tense eftou eftatos a praetiee has * r v *n up of demanding the surrender as 'fugitives from jus lice from those States,' of |i»r«mn who have never lieen within their limits, on the legal fiction of a constructive presence and con structive llulif It in not known that tins prno* tiec hit obtained in Virginia. n«r is it m»terial to ci quire >vi all other requisitions from whatever Put* l mua be governed lit an uniform law" II ■ui-li a practice has prevailed in any of the States of the I iiion, the Attorney General should have exposed such Ht.-ttes—their names should have been given to Die country. He does not know that such " practice has obtained in Virginia." Then, wh? intimate such a charger Wm it the deliberate purpose en tne Attorney General of Ohio, to add intuit to outrage: Did the (Governor of Ohio in tend to give hit endorsement to the insult so rra fuitoiiMly offered l>y hie Attorney General J This imputation upon the practice of the ftate of Vir ginia is with-tit the slightest justification or ex cu»c. as the Attorney General and the Governor ol Ohio iHith ought to I.now. Ami. now. in conclusion: If the course which ha* lieen pursued by the authorities of the States of Ohio and lowa, is to become the settled policy of the non-staveho.ding States towards us. we must adopt such measures for protection against these outrages upon our rights as will lie suited to the case. We must adopt retaliatory measures, and tr.us show them that we are determined to re«ist. with becoming spirit, every encroachment upon us. and every refusal to comph with constitution al obligations and laws interidfd for our protec tion. W hat 'hese retaliatory measures shall !>e. I leave to the wisdom ol the General Assembly. Kespectlully, JOHN LKTCKEJI. L'.NIrKU Status MyssilAt.'s OFFICK. ) Northern District of Oh o S „ ~ ~ Ciuvrr.AXD, March 9th, KsV.l His Kxcellency John I-KTCHK.n, Kerens** <>t Yir- Sir—The letter of the Secretary of the Common wealth of Virginia, dated the 28th ult . enclosing me re<iu sitior;s upon the Governor o| this Htate for the arrest of Owen Brown and Francis Merriam. were received on the 4th mst. The same diT I proceeded to Columbus, and on the 6th pres'iited the requisitions and accompanying papers to Gov ernor Dennisr.n. He promised to advise me at Cleveland as soon as he had examined the papers as to the course he would pursue, and 1 returned home. I am this niornin - in receipt of a communication fr-un him. a copy ol which I have the honor o( en closing herewith. He declines granting your de mand and has communicated his reasons fur such refusal direct to you. Owen Brown is yet in Ashta bula c.unity, but Merriam has gone from the State. Very respectfully, j *»iri», ' M. JOHNSON. State of Onto. Exnrrflvn Di?r*UTXEXY,t Columbus, March 8, Ittie, \ To his Kxcellono John Lktciif.r, Governor of Virginia: Sir: I have carefully examined the requisitions of your Kxoellenc). and thciraccoinpany ing docu ments, for the extradition of Owen iirown and Francis Merriam. charged as being fugitives from the justice of Virginia, and as now reing within this State, and am satisfied that no sutfi cieat cause is p'e.iented to authorize me to issue either of the warrants asked for. The reasons for this conclusion are fully set forth in the copy of the opinion of the Attorney Generator this State, to whom I submitted the papers in tho ease, which I have the honor to transmit, to you herewith. With sentiments of huh respect. Your obedient servant. W. DXKMIBON. OrrirKoy miTTrtUITGIinAL, I CoI.UMSVS, Ohio, March 7t|i lijtiu. f Sir: —I have thoroughly considered the requisi tions of the tiovernorof Virginia, made upon you as Governor of Ohio, for thn extradition of Fran cis Merriam and Owen Brown, which you have submitted for my opinion. Th°se casas arc essentially alike—the charges against ef.Hi of the parties substantially similar, tho annexVd documents of the same general im port, and the requisition an to each, in precisely nic same form, so that the disposition of the one is. in effect, a disposition of the other. To avoid the needless multiplication of words. 1 shah here in consider only the requisition for Francis Mer riam. This requisition begins with a preamble reciting tii at, '* whereas, it appears by the annc:ei| docu ments, which are hereby ceretitmd to i>e authen tic that Francis Merriam is a fugitive from ius t.ce from this State. (Virginia l charged witbemr spir.n : with slaws to rebel and make insurrection; and for conspiring: with certain persons to induce slave* to rebel and make insurrection." and then proceeds in the ordinary lorm to "demand of the I- xecutive ai.thonty of the State ol Ohio, the said Francis Merriam as a fugitive Irom uistice, to be delivered to M. Johnson, who is hereby appointed agent to receive him on the part of this Common wealth." These are the facts of the requisition itself, ma terial now to be noticed. The only "documents annexed" are, Ist. a transcript of certs i a proceed ings bad before the Circuit Oourt. of Jefferson roun 'y, Virginia, fiom which it appears that an indict ment had lieen duly presented against. Merriam. U.i, a copy ol that indictment, in which he is charg ed with the offences mentioned in the requisition Sd.pn attestation by Robert J. H>own. Clerk of teat. Court, under its seal, "that the foregoing is a true transcript from its records," and 4th. tbecer tilioate of Jojm Kenney. "Jadge of the twelfth Ju dicial Circuit of Virginia, holding a special term of tho Circuit Court of Jefferson county," that Hubert J. Brown is Clerk of that Court, "and that his said attestation is in due form." t'pon this sate ol the case, question is made concerning your power to issue a warrant for the surrender of Merriam to the authorities of Vir ginia. No enactment of this State has clothed the Gov ernor with authority to surrender to another State fugitives from its justice seek'iig refuse here— Whatever power ho may have hi tins behalf, must be derived from the Constitution of the Tinted States, and the act. of Congress "respecting fugi fives from.iust cc," approved 12th February 17:">3, since these are the only enactments assuming trt COD fat this authority .which have authority in Ohio. These are so \»el kno*n as to need no recital here. The act of Congress, it is to be noticed. d-.->es not seek to enlarge Urn power of extradition lieyond >he limits imposed on it by the Constitution and any attempt at .such enlargement would be utterly void. Recognizing these hinit.ations.it simply de fines the mode is which the power, as established b\ tho Constitution, shall be executed. Tins power, txitli as to the condition of its exist ence and the manner of ltsex-'rciße. is of the most special and limited nature. Uy their very terms no person can l*i removed from one Stats to ano ther, in virtue ol these constitutional and statuto ry provisions, except on the simultaneous occur rence of three distinct conditions: Ist. He must have been charged in another State, by indictment, or affidavit, with the commission there of " treason, felony or other crnna.*' 2,1. He must have fled from that State to escape its iiistice ; and 3d. Demand for his surrender, accompanied by an authentic copy of the indictment or affidavit on which the demand is predicated, must have been made ol tho F.xecutive authority of the State from which the flight was made. When these do concurrently happen, the power to remove exists, and must l»e executed. Kach. however, is in the nature of a precedent condition, SO that the absence id an* one of them is not less latal than the absence of a.I These and not less than these, are tiie limita tions with which tiie right of extraditiou has been carefully hedge* about by the Constitution and the set of Concrete. In the very spirit indicated by these jealous safeguards, the rigiitoiiglitalways to be exerted. For thjs power wiib-h delegates the citisea to another jurisdiction, and deprives hun of that protection Which,as a general rule, the St*te owes to every sojourner within its limits, is of so high a nature as to exact the utmost care in i's application, even to the prescribed cases Fvery one charged with its execution should sec to it that ail the securities by wmuh it has been so anxiously surrounded, are obseivod with rigorous hdelif.. Kxainining, in the light of these rules, the requi sition for Merriam. it will at once l>o seen that no case is made lor the exercise of this power. The c is no allegation, still less is there any evi dence, that Merriam ever fled from the State of Virginia. True, the preamble to the requisition recites that "it appears by the annexed documents that Merriam is a fugitive from justice from" Vit giuia, but thisvecital does not accrd with the fact. No flight whatever is shown by the "docu ments annexed." These, as previously stated, consist only of the COM of an indictment found against Merriam in a Virginia Court, with such attestation and certificate as was deemed requi site to establish its authentic nature. In all these "documents." from the beginning to the end, there is no word, no letter. Irom which human ingenuity can draw the vaguest hint that Merriam had fled from Virginia. Nay, more there i« nothing to ■how that he was ever within the State, save the allegation in the indictment, that the offence of wtiioh he is accused was there committed — Certainly this is not conclusive as to the fact of his presence, for this fennel aveiinent of vtnm would equally have lieen made, because essential to every indictment, whether the part borne by Merriam in thenlteged conspiracy and offence had bden acted altogether within, or a'together with out the limits of the State. In it' legal effect, this averment la entirely consistent.with the hypothe sis that he haa never been within the boundaries of the State of Virginia. Granting, however, that the declaration imports the actual presence of Merriam at t Replace where the commission of the offence is laid, it still remains true that there is absolutely nothing in the papers accompanying the requisition to indicate that he has since fled from, or otherwise left the State If within it, then he may, for aught that apretrs >n these pa pers, have continuously bided there up to the very moment when the requisition was made, or even until now. Nor is there anything in the rc-niisi tion itself which can supply this defect in its "an nexed deenmente," as that nowhere avers a flight by Merriam. It merely refers to these "docu ments" as giving evidenoe of such flight, and doe* nothing more. These, as has been seen, do not furnish any evidence whatever upon that subject, so that the case stands without even en allegation of the existence of this vital condition. Rut, if it should be admitted that the recital m the requisition is tantamount to a direct assertion that Merriam was, in the language of that recital, "a fugitive from justioe Irom Virginia," the ad mission would avail nothing. That assertion is by ?io means equivalent to an averment that he fled irom that State to elude its justioe. It may lead to en inference of artualjiitht, or it may mean a constructive one onl»- Whether it means the one or the other, it is sufficient to say that this extra ordinary power is not to be exercised on a surmise, or an inference. Beyond this, however, no mere formal unsworn allegation pf flight, be it ever se clear and unequivocal, can be deemed sufficient.— In this, as in all other proceedings which affect the right of personal liberty, every fact on which the power of removal depends must be established by clear and satisfactory evidence. The necessity of insisting on rigid proof of .flight will not be doubl ed by any one familiar with the fast that in some of the States a practice has grown up of demand, v x the surrender as "fugitives, from justice from those States," of persons who have never beeu within their limits, on the legal fiction «,t a conjtructi vc presence, and aonustreetive flight. Ijffnot knownTtbat this practice hat obtained in Virginia, noris it matenafto inquire,as all re, qtiisitions. horn whatever State, must he governed by an uniform law. Moreover, white this custom m!raeienthT vindicates the MonrtetyoT the rule the rule iter ifrestt on larger foondnttwas. U i»m »«) ef the very nature of the power. The immunity ef themtisen ln.» arreet aud exile would stood on i in the land. It is not too much toaay.thata power so arbitrary can have no lawful existence in a free government. These rnnsiderations, it seems to me, are en tirely decisive. Ferlhe reason that the requisi tion, with its "annexed documents." furnixltes no evidence of the flight of Merriam from Virginia, it altogether fails, in mj judgment, to make out a case which will warrant his extradition. Whether this defect can ba cured, is 1 question whioh addresites itxell solely to tiie Authorities of that State. Find in,' one barrier to the exercise ol the authority in voked by this requisition, it has not seemed proper to 1 Tenure as to the existence of any other. For si I present, parpssnju it i« ennueh te know thai, as|the oase now sttnris. the objection is fatal. _Verj respectfully, your obedient servant. To the < ievernor. C. 1\ WOLCOTT. State or Ohio, Exkiitive DrrSRTMKNT.* _ . datum' March 8, WW. < M. .loii\t(|yt, Ks'i . Cleveland :-I have examined the requisitions ol the liovernor of Virginia and their'aeeompsnyinr documents for the extradition of Owen Brown and Francis Merriam, which you delivered me on the sth inst.. and have decided not to issue either of the warrants askrd for. The reasons for this conclusion I have communicated to the ft.i renter of Viruinn. Respectfully, }„„rs, WM.DENNISON. Wm. I'en.muox.Govrrnor of nil State or Ohio. To ki* WxtttUmem the liovernor of the State rf Yin in in : It sppears l>y the annexed papers, duly authenti cated according to the laws of our State, that Silas Taylor st. inds ebarged with the crime of forgery, i-oiuinitteil in the connty of Shelby, in this State ; and it has t>een represented that said Silas Taylor •fed from the justice of tins State and has taken re lute within the State of Virginia. Now, therelore, pursuant »o the provisions of the Constitution and laws of the I'nifed States in such case made and prnvided. I do hereby require that the said Silas Taylor lie apprehended and de livered to Joel F.Skillen, who is hereb* duly au thorized to receive him and convey him to the State of Ohio, there to l>e dealt with according to law. I*"**"! Iti witness whereof I hereunto atfix mv it s./name and the great seal of the State of Ohio, at Columbia, this Kd day of Feb ruary. |n the vfiirof our Lord one thousand eight hundred and sixty. W. DENNI3ON. by the Governor: A. T. KtrssELi, .Secretary of Slate. Statkof Ohio, Shelby Cointv.s*. The Court of Common il«as within and fdr the county of Shelby, in the of (."no. of the term 01 l-ebraary. in the year of our Lord one thou sand Mr.ht hundred and sixty. The iurorsof the jury of the State of Ohio, duly empanelled and charged to inquire of crimea and oneness committed within the tiodj of the county ol Shelby, in the State of Ohio, in the name aad by tee authority of jheßtat»of Ohio, upon tln-ir nathsdo present and find that. Si : as ra\ lor. lac of the said couutv, on the Ms. day ol Peceinlicr. in the year of our Lord one thousand meat hundred and fifty-nine, in the county of Shelby, in the State of Ohio, unlawfully did falsely make, for<e and counterfeit a certain promissory note, which said 'false. for,ed and counterfeit promissory rote w of the tenor following, that is to say: "•Of—Niaefj days alter dute I promise to pay Mlas Taylor or order one hundred and thirty dol lars lor value received. As witness my baud at.d se.il this,Mh of I)eceiiilK>r, 1359 Wiu.um.Mcm.-h. (Seal I" and it is endorsed "Silas Tailor." with the intent thereby to prejudice, damage and defraud one William .Munch, contrary to the form of the statute in such esses made and provided, and against the peace and dignity ol tjip.sra'e ol Ohio. Second count : And the jurors aforesaid, at the term aforesaid, upon their oaths aforesaid, in the nr.n.e and t>j the authority of tho State of Ohio aforesaid, do further present and fiml thn! the sai.i S,las Taylor, tare of the county aforesad, oa the fifth day of Ileceinlvpr in the year of our Lord one thousand euht hundred and tiitv-nine. in the county of Shelhy, iv tha..Stit» of Ohio, unlawfully did falser* make, forge and counterfeit a certain promissory note, which saul false, forged and counterfeit pron issory i-.ote is ol the teno. follow ing, that is to say — ••*) V.-Ninetyfdiys after date I prom.se to par Silas Taylor, or order, one hundred and thirty dol lars for value received. As witness my hand and sea! this sth of December, MM. William Mcmh. I Seal. |" and is endors»d "Silas Taylor," with the intent thereby to prejudice, d niiane and deiraud Geor:e, M. Russell, contrary to the lornaofihe statute in such crs»s nwide and provided, and anainst the peace nod i!i< hitv of the State of Ohio. Third count: And the jurors aforesaid, at the term afiresnid. upon their oath aforesaid, in'he name and Uy the authority of the State of Ohio aforesaid, do lurther present, and hnd that the said Silas Taylor, late of the county aforesaid, on the seventeenth day of January, in the year of our Lonl one thousand eitht hundred nnd sixty, in the county of Shelby, in the State of Ohio, did tinlaw lully and falsely either publish and put oil 10 one George M. Russell, with the intent then and there to defraud one William Munch, a certain false, forced and counterfeit promissory note, as a true nnd genuine promissory note id the said William Munch, given for the payment of one hundred and thirty dollars, wlucn aforesaid promissory note then aad there was of the tenor and eilect follow ing, to wit: " $130.- Ninety days after date I promise to pay S.la» Tay lor, or order, one liundicd ami thirty dol lars for value received. As witness my hand and seal this6th of iiecemlier, low. ■ Wn.i.iA.M \tt n. ». [Seal 1" which said note wa-- endorsed " Si!is Taylor." he, the said Silas Tay lor. then and there well kunw iag the aforesaid forged promissory note to be tabe, forged a id coiinterfei*, contrary to the stat ute in such cues made and provided, and against the peace and dignity of the State ol Ohiw. Fourth count. Ami the juror- aforesaid, at the term a'ores-nd, upon their oath aforesaid, in the name and by the authonty of the State of Ohio aforesaid, do further present and find, that the sud "Silas Taylor," Tate of the county afore said, on the seventeenth day of January, in the year of our Lonl, one thousand euht huudrud and sixty, in the county of Shflby.in the State of Ohio, did. unlawfully end falsely,utter, publish and rut oil toone George M, Russell, with the intent then and there to defraud the said George ML Russell, a certain false, forged and counterfeited promissory note, as a true and xeiiuiiie promissory note, ot William Munch, given for the payment of one hundred and thirty dollars, which aforesaid prom issory note then and there was of the tenor and ef fect following, to wit: •' #IJB.—Ninety daysafter date. I ptomise to par Silas I'ayior or order, one hundred and thirty dol lars for value received. As witness my hand seal this6h 01" Deeesnber, 1559. Wa, Hvaca, ISsal.)" which said note was endorsed "Silas Taylor," he, the said Silas Taylor, then and there well knowing the aforesaid promissory note to 1« false, forged and oounterleit, contrary to the form of the sta tute in snc.h case maCe and provided, and against the peace and dignity of the State of Ohio JOHN H. MATHERS, Assistant Attorney Of Shelby County, Ohio. State »W Ohio. Shelby COl xty, «*. 1, Jons Cntints. Clerk of the Court of Common Fleas, within aud lor the said county of Shelby and and State of Ohio, do hereby certify that Ilia fore ■ oing is a true copy ef the original indictment as hied in my office. In witness whereof. T have hereunto set my hand ami siiixeil the seal of said Court at Shelby, Ohio, this lJth day of February, A. I>., 1-00. JON A. COI'NTS, Clerk of the Court aioresaid. BiP< I'afsxl.—Thr following bills were paps ed, viz: House bill amending the 'Id aud tith sections of nu act entitled au act concerning the Overseers of the Poor of Frederick coun ty and corporation ot Winchester, passed Feb. 2»th, 1858; for the payment of a sum of money to John 1\ aad Thomas E. Ballard, (for the entertainment of the Mississippi Commis sioner as the guest of the State:) incorpora ting the Petersburg Havings and Insurance Company : to incorporate the Clover Hill Sa ving* Hank in the county of Appomattox : for the relief of Wm. Skeen, Commonwealth's Attorney of Alleghany : releasing the securi ties ot Andrew J. Hoi-son, late sheriff of Wise county, from the payment of dawapes ; re leasing the securities of John H. Alien, late sherilf of the county of Liec, from the payment of damages: releasing the securities of Samp son Henham, late sheriff of Scott county, from the payment of damages : to incorporate the Richmond (home) Kailroad Company, (the road to run through the streets ol Richmond:) to amend the lltrt section of an act passed May SM, ISVJ, entitled a* act concerning the terms of the Circuit Courts: to amend the charter of the Monticello Bank : providing for the construction and keeping in repair the public road, of Alexautlriacounty: 10 incorpo rate the If ichinoiid, Williamsburg and ('eutral Turnpike Company, in the connty of Henrico: to incorjiorate the Osborne Turupike Compa ny, in the county of Henrico ; for the release of the securities of Wm. (Irass, sheriff of Put nam county; to incorporate the Kanawha Cloth (Company, in the county of Kanawha; to incorporate the Farmers' Savings Bank ot Maniitngton, iv Marion county ; authorizing the payment to Scott A Adams of a sum of money, for work done on the Southwestern Turnpike; to protect the fisneries oa the Po tomac and its tribntarlee. Bank Redemption— The House amendment to the Senate's substitute for thn House bill repealing the redemption features ol the act of April, ISSS concerning Hanks, was called up as unfinished business. The Senate voted down motions to postpone indefinitely and to lay on tbc table, aud the bill was made the or der of the day for Wednesday next, at o'clock, A. M. Engrossed Bill*.—A large number'of bills were ordered to be engrossed. Aiijoummtut— Pendiug a motion of Mr. Nkwman to reconsider the rote rejecting thn bill to limit the light to make an entry or bring na action to recover lands, or the pos session thereof. West of the Alleghany moun tains, the Senate, on motion of Mr. Clai noßHß,adjourned till Thursday at il o'clock. HOUSE OF DELEGATES. Widmmmt, March it, isk). The House was called to order at IU o'clock, A. M., by Speaker Catrrt nriKLD. A communication was received from tbc Senate, through their Clerk, notifying the House of the Senate's agreeing to the Uoaae amendments to Senate hill more effectually to preveat dealing with slaves: also, the reeolu tions from the House of Delegate* concerning Revolutionary and other claims of Viiginia on the O-overanient of the United States: also, that the Senate had passed a Mil for the relief of John J. l*aey. Sheriff of .New Kent; aad | that Went. Oov. MoNTaotra had signed a aam bar #f earelhrd UIU, whisk wtra rttarhed with the communication to the House for fur ther signature. Jiiih PeepsdWiThe following bills were pass, ed, vir.: House bill for the relief of Simon Oor rier, ol Augusta county 5 House bill refunding a certain sum of money to John IV Faut, ol Rocaiugb.im connty. Mr. Skddon, of Stafford, offered the follow ing resolution : R'tolveil, That a joint committee of nine on the part of the House and five on the part of the Sen ate, be raised to take into consideration the Bank ing wvs of the State, with authority to sit during the recess of the General Assembly, and report thereon to another session of the present, or te the next session of the lienerai Assembly of Vir ginia Mr. Drc-KWALL moved to amend by adding that said committee have leave to sit but once. Mr. Cow an proposed to amend the resolu tion by making the committee on the part of the House Aye, and on the part of the Senato three. A vote being taken on Mr. DtTKWAtI'B amendment, It was lost. The vote being then tnken on the resolution as amended by Mr. Cowan, it wa.; lost—ayes 23. nays IS. Thf. ii .nrral To r Bill —The bill imposing taxes for the support of State Government came up as unfinished business. The subject of merchants' licences and the amount ot taxes to be imposed thereon, was discussed for seve ral hours. The «d reierssg principle was final ly adopted. It charges I per ccut.on the sales ol mercaants, exempting entirely all goods ol direct importation and all goods made or bought in Virginia. Pending the discussion, the hour of :i arrived, and the Speaker vacated the chair. ■ News from Tkxas, Ac- The Austin (Texas) Intelligencer publishes official dispatches be tween Oov. Houston and Secretary- Floyd. (rov. Houston writes February 13: "I have used all necessary caution and prudence, and may now act ii|>on the facts before me. Unless prompt measures are adopted by the federal government, circumstances will compel Texas to adopt the course she desires to avoid. Texas cannot invade with impunity ; but if thrown upon her own resources, she may not only re sist, but adopt means to prevent a recurrence of outrages," Ac. Secretary Floyd replies on that im mediate action will be taken by the govern ment and able officer* dispatched to take com mand of the department of Texas. A Strong reinforcement will also be sent as soon as the season opens. Governor Houston has also sent a dispatch to Colonel McCulloch, saying that there will be stirring times on the Bio Grande, ere long. At Houston, on the Kithult, two squares and thirty houses were destroyed By fire. Loss $275,00(1. A grave and serious difficulty has occurred between American and Mexican settlers at Mesilla, Arizona. Several have been killed on both sides. The Mexicans outnumbered, and were surrounding the Ainericau-, who had sent to Fort Fillmore lor assistance. Medical Graduatix.—At the commence ment of the Jefferson Medical College, Mon day night, there were i;;» graduates. The fol lowing ure among the number: Virginia.—l*. P. Bailer, M. S. Barkedale, J. F. Bass, B. Campbell, J. I>. Cooper, J. I>. Crawford, .I. M. Dennis, J. C. Iliinlap, J. K. Ferguson, .1. M. Games If. 1)., T. P.Hereford, Jr., 0. J. Hunter, G. W. Hunter, G. A. Jack son, M. Jones, W. W. Morris. O. B. Morton, T. W. Kelson. G. A. Owen, W. T.Owen, J. A. Sale, j. T. Van Baskirk, F. Walker, W. c. Warren. Ifortk Ca-oUnc— W. G. Cteodeahs, F. G Data, B. G. Duulap, S. Fulton, W. W. Gaether, I>. M. L. Graham, J. Hedgepath, W. A. Ingram, I». W. ILewi-, I*. W. Robinson, I. F. Shaffner. 11. W. Shaw, L P. Warren. 7v»i n,vo.._T. B. Bass, M. M. Butler. K. O. Coch ran, S. H. Hyads, B. F. Lackey, J. B. Lester, W. J. Modi it, N. C. Pyles, I). Thomas, A. J. V.'eldon, 1. K. Wingo. genie Osrofi**.—P. H. Adams, C. M. Burkhalter, J. B. F. Lever, W. Q. Mace, W. T. Thomas. Oeergssiv-A. E. An drews, M. Bishop. J. E. Blocker. J. A. Butts, B. F. Child-", A. C Hagerson,O. M. Hanks, G. M. Kerns, W. King, Jr., J. M. Loftin, J. L. Mapp, J. F. Matthews, E. J. Morgan, 11. W. Nicholson, W. H. Roberts, B. F. Rndisil, F. Walker, Jas. Wilcoxson. Mi kperh in Sr. Lotis, Mo.—The St. Louis lit -publican records the following murders, in its issue for Friday : On Thursday night the house of a man named Henry Myers was entered by burglars, and when hearing their oi>erations, he arose and went in pursuit; he was shot gad killed. Frederic William Smidt, native of Hanover, aged about 88 years, was found at about three o'clock yesterday afternoon, lyiug dead in a pool of blood, in a boarding-ho use kept by Hubert Feustall. Hiß head was nearly severed from his body, and a more ricken lug,'horrible sight than the deceased, butchered as he was, surrounded by all the evidences ol a terrific struggle, could not easily be conceived. There was no testimony of any kind which would serve fo account for the awful deed. Fort Union Thkratknkd by Indians and Mexicans.—The Santa Femail to the l.'tth ult. has arrived at Independence. The remains of Lieut. May are on the routedestined for burial iv Washingtou city. Serious appreliensisons were felt at Fort Union of an attack from Indians and Mexi cans, who are reported as leagued together to capture that post. Preparations had been made lor their reception. Nu hostile Indians were seen on the route, hut large bauds ap parently friendly were met. A company of troops was met at Cow Creek, who will escort all the mails remaining at Pawnee Fork into Santa l'e. The Poisonino Cask in New Orleans.— The coroner's jury In the case of Miss Eleanor M- O'Beilly, whose sudden death some weeks ago, io New Orleans, La., caused suspicion of foul play, returned a verdict on the tith inst., stating that Miss O'Reilly's death was the re sult of arsenic, willfully administered to her by JosephGtaleeran, (her seducer,) and they strongly censuie Dr. Kama Vionuet for giving the certificate of the cause ot her death with out any inquiry inio the matter: and they call upon the grand jury either to deprive the doctor of his license to practice medicine or indict him as an accessary. ifler the act. Hyatt in Prison.—Thaddeus Hyatt, com mitted by the Beaate to tha jail of the District of Columbia, occupies a large room, which has been furnished with furniture by his friend*-, and he will be supplied with food and other comforts, bo that he will suffer only from a want of exercise. He will probably apply fora writ of a«e>uj rerpus, which will bring the case before the Supreme Court. If the Court sustains the Senate, Hyatt cannot escape imprisonment, otherwise thau by purg ing himself by testifying, unless the Senate backdown and release him. Another American Steamer Afloat.— The Adriatic, one of the famous Collins'line of steamers, is an 11 _> 11 need shortly to bo once more engaged in active service on "the Atlantic ocean, and ply between New York and France. The enormous and steady increase of our commercial relations with France has fully taxed the capacity of the one American steam ship line, and the Admin will figure rather as a companion than as a rival of the Fulton aud the Arago. Later from Mexico.—The schooner Arro mant. from Vera l.ruz on the 'id inst., has ar rived at New Orleans. Gen. Mtramon reached Sum Juan, which la three leagues from Vera Cruz, ou the.d inst., and wa- threatening au immediate attack ou that city. Two vessels had been fitted out at flnmpearhj and sent to Vera Cruz, toasnl.itthe Liberals in the trans portation of provisions aud munitions ol wr.r. Mt-Nicir-AL Flections at TnsNoßT'i.—The Municipal Election in Belfast, Maine, has re sulted in the a Democratic Mayor. The Republicans, a year ago, had in majority. At Weatfleld. Conn., too, "the whole Demo cratic ticket was elected." At Riddeford, Me., the Democrats also elected their Mayor, the Republicans have the Council. At Baugor the Republicans have the Mayor. steamboat Burnt and Life Lout The steamer Belle of Peoria, bound from Peoria to St. Louis with a full cargo, was burned fo the water's edge, on Sunday, at noon. Two Are* meuand one deck hand were lost, and the se cond clerk was severely injured. The boat was insured for * I.:«,«*•. Heavy Verdict.—At the last term of the Court of Common Plena of Belmont county, Ohio, the Crescent Manufacturing Company of Wheeling, Va., obtained a judgment against the Cincinnati, Wilmingtou aad /.auesville Railroad Company for gM^MBL Tobacco.—Mrs. Charles Bland raised oa twelve acres of lend near Sardls, Mason co , Xy n the present season, 'JUyjiW pounds of to htcco, and five acres of the twelve raised lUyjoo pounds. The tobacco was the "fpd Beu ley,"—and it is said to be of the best quality. Coxißißutions for tbb PorE—The Ger man Catholics of Ciucmnau have coalrito uted *l-y,"iAi to replace in the Pope's treaaary "the funds sequestered by the aaacbiuatious ot th* usurpers of the rights aad patrimony of the Holy See/ AaasaT roa Fouuaav—E. L. H. Gardner, City Comptroller, aud Robert Lynch, Oity Clerk of Mllwnokie, Wis., were arrested Mon day aad oommi tted to jail oa a charge of forrt n* city orders, aud other malfeasance in olßce. Thera *«re «* deaths iv Hew Turk last w/ssja. FOREIfIN NEWH. The Italian Qwe«tlea-\njle-Preach fern* irirrclnl Treatf-Treriblela Italy, Ac. The contents of the America's malls f Liver pool.'Mth nit.,) are more fully telegraphed. Tbe following iea summary: THRU ALIAK (Jl'KaTlO*. The definitive reply of Austria lo the Lug lisli proposition for tbe settlement of tbe Ital ian question ii issued. Reasons are given Why Austria cannot accept England's pro iiov.-tl ac a basis for an arrangement, t 'oaat Kechberg explains that tbe proposal doe* not only esseniialiy aiief the basts of tho Euro jiean e'juilibrinm, which w.ls fottnded hy the treaties of 181.', but it is also in open opposi tion to the fundamental principle upon Which the legitimacy of governments ingeueral, aad especially the Austrian monarchy, is founded. In Hie third instance the proposals destroy the rights of tbe Italian Princes, which were placed under the guarantee of Europe, and which the Emperor Francis Joseph has a sacred duty to protect in his quality of chief of the House of Hapsburg. If induced by all theee motives, Austria declines the proposed negotiations, she declares, never theless, that for the present she will not en deavor to undo by force of arms that which she cannot prevent, although reserving to herself full and entire liberty of action for tbe future. The tone of Count Rechberg'e reply Is exceed ingly courteous and moderate. A Vienna dispatch of the tilth given further particulars of Rechberg'* reply to Eugland'e propositions. It is dated IT th. He ex presses the high estimation of tbe Emperor at the communication from France, and say* the Austrian cabinet recognizee that in the present circumstances there is no opportunity either for Austria or Frai.ce to interfere iv Central Italy. The application of intetvenlion ap plies to France, Austria having withdrawn from all parts of Italy not under bet*domin ion. The organization of Yenetla must re main quite extraneous to the negotiations be tween the Powers; but the Emperor loyally maintains all promises of Villafranca, and if they have not h"eti realized the fault can only he attributed to the Italian revolutionary party. Austria confines her»elf to the expres sion of her conviction that the re-establish merit of the former dynasties and the reali zation of the project of an Italian Confedera tion would be a much better guarantee to the future of the Peninsula. A Paris dispatch confirms the statement that Russia and Prussia bad joined iv a proposal for a conference of the Aye great Powers. Ne gotiations between the Powers on tbe Italian question were, it is said, being rapidly carried on. ORF.AT BKITATJt. In the House ot Commons on the'lth nit., Mr. (Hailstone made vai iousexplanations rela tive to the French treaty, after which tbe ad journed dehatnon Mr. liucane's motion oppos ing the budget was resumed. The principal speaker wa- John Bright, who eloquently defended the French commercial treaty, aud predicted that incalculable advan t.ige would be derived from it by England. He argued that free trade with France would raise itself to the level of the United States, the new tariff with France being as liberal as that with America. Mr. Can Id well spoke in a similar strain, and pointed to the results of the great Intercourse prevailing between England and America, rendering vvar all but impossible. The same relation might fie established with France. Sir. F. Baring and other members spoke against the budget and the treaty, when the debate was further adjourned. Ihe debate was resumed on the following evening, the speakers including Me«ers. Ba ring, Walpol and Disraeli in favor of Mr. l>u cane's motion, acd Messrs. Milner, Gibson, Gladstone and Palmerston against it. The House divided, and the resolution wa? rejected— 339 to SO: majority for the govern ment, I Id—a ministerial gain of 1:1. Sir C. Wood slated that the total force to he sent from India to China would be Euro peans and 1,600 natives. Mr. Hadrleld called the attention of the House to a petition complaining of a medita ted breach of the peace between a British subject and an American citizen, for the so called championship of England, aud asked whether the government intended to take any steps to put down tbe fight. SirG. C.Lewis said the subject bad been brought to the notice of the Chief Coramio sioner of Police, who would take steps to pre vent the fight within the Metropolitan Police District, but no pledge could he given as to the steps which would be taken beyond that limit. Lord Diuigaiinon moved a resolution con detnniiig the performance of divine worship in sundry London theatres. After adebate. in which several bishops urged non-interveution iv the movement, the resolutiou was with drawn. The London Times, in an editorial on the French commercial treaty, refers to the im mense impetus which will tie given to the cot ton trad-, and says .—"lf France be imitated by Germany and Italy, if America be shamed into lollowing their example, there is no rea son why Lancashire should not double its number of looms within tbe next five years." It also predicts a great impetus for almost every other branch of manufacture. The estimate of the sura required M defray the expenses of the China expedition dm lug the year ending 31st March next, is CbatyWW, ' jueen Victoria held the second levee of tbe season on the Stth. Capt. McClintock, com mander of the last Arctic expedition, win pre sent,!! and received thn honor of kuighthood. Wm. Atherton, Solicitor General, is made a Knight. The Loudon Herald gives a rumor tbat the government is about to testify its gratitude to Mr. Bripht, hv making him Postmaster Gen eral, vice the Earl of Elgin, whose appoint. m«>iit as Plenipotentiary Extraordinary to China was announced by Lord John Russell. PVAIN. Tbe Correspondencia Autograph mentions that Marshal O'Donnell hail remitted to tbe Moors the following basis lor the conclusion of peace- Possession of all the territory conquer ed, iaclaaiag Tetaaa, an indemnity af •Jiai.ooo,- Oim reals,an engagement to respect theCatbolic religion, and commercial stipulations favora ble to Sfiain. A delay terminating ou the '.'ltd, wa* granted for a reply. It was doubtful if the Moors would accept the terms. The correspondent of tbe Lmdon Times, at the seat of war, writes that tbe opinion there was that tho Spanish government would not show itself deiLieiit in generosity, and that tbe war was as good as over. Tbe Moorish lose In the battle of the 4th was estimated at one thousand. Upon their defeat the Arabs committed great excesses, and could not be restrained, although sixteen were put to death ou the spot. Muley Abbas, with his defeated force, was halfway between Tetuau and Tangier-. At the latest date no reply bad been received to the conditions of peace, and O'Donnell was preparing further ojwratious. aisthia. The Londoi. Tunes announce.* that it has N'eu suppressed throughout the Austrian em pire. Copsesarrreiag by post had been «•»!» ed,aud it was proclaimed that the Times would no longer be suffered to cuter the Austrian ler rifory. r raOVBU IN MAI'LKp-. A decree of the Minisier of War orders offi cers ou leave to join their regiments oa ibe.'.th of March. Pari ot the Municipal Guard have been mobilized. Agitalioii prevails in Paler mo and iv the Abbru/./i. THK MOils CO WAR. Mauri ii, Feb. 'i.\ |i-no.- Tbe Spanish squad ron hae left Algebras in order to bombard tbe seaport towns of Morocco, and will probably commeuce operations by the bombardment of Arphille Tbe Paris iffcn"-vr announces tbat the two Mourish depuiie- arrived yesterday nt the camp of Marshal O'Douueil, with a" view to propo»«an interview between Marshal O'lhjn nell on the part of Spain, and Muley Abbas and the Minister Katcb-Kaioh thepnrtof Mo rocco. This interview took place oa tbe road lo Tangier*. The first point discussed was the occupation ofTetuan by the Spaniard*, which was objected to hy the Moore, whereupon Marshal O'Donnell was on the point of break. lug up the conference, but at the request of Muley Abbas It was continued, without, how ever, producing any result. The Moors asked for a further delay, which was refused by Mar shal O'Donnell, who declared tbe truer* to he terminated. The Marshal returned to Trtuan.nnd imme diately sent for the commander of the Spanish Navnt force, in order to concert with him fur ther active preparations. THE LATEST. I By the North American. I The London Chronicle repealed the state meut of tbe Russian and Austrian alliance. The Loudon Herald at first regarded the state meat as at leant premature, hut la aaahee has deetded to renew her alliance with Ana- Ur,a ' J* > w UwU3r l " - y* l kwa ••f***. •« there uao doubt aa to tha renewal of frteedly rem- The Independence Beige utterly eisbelievse the auneuacameai, and the news is also dis credited iv tha Pari* journals. The remainder of thaladiaa •übsaarme ca ble has beta laid, aad Atoiaadrie la aew ia telegraphic eommausoauaa with Oahtattaaad other ladkta ciues. In tha British House off* Couuuoaa the Budget was progressing favorably. 11 was reported that the aaaeaatioa of Tun •ear la Piedmont hae beea ahaadoeed. Tim Parte Pays also dense* the eteteeaeal la Kard to aa ellleaee betweta maesla aad •Wfjh* ■-"*■' Jifjrajttt, ~&t\mf- TMMtn OFA»tMUrt9lIf. teea*re.ldar 4414 •*£••• f «ara,_MJß Lntgmr \%t+tt\um**t i* t.rtnttpfptrnmt. am rassrtisa. eadmaoam fat mi iiiaamnaaaa, Aeeordtag to a Berlla dlepaicb of tha fill), a ne W proposlth>a for a Conference of tho fivw s™** Power*.tailed mainly beeanso Knafaadl ftatlinerl to allow «>sentnaHr the freedtsemv awn of the treaty of l«sd. The Constitution.,,,,, publishes a dhnjmtrbj from t*>unt Tbouveuelfdated on th* Jfirt of January, addressed to the French Amhaesador at V lennn. to beeontwoin tented to fteeabrrg. fen regard to Central Italy, ihetnJßaMtaatelm>«lnat refused to recognize their former sovervsnae He appeal* to the con. illatory spirit of ire* Krgllsh pro|m*al«, as regarru it*. f|n manna. and he expresses regret thai in* Pom aMowyeZ the state of things there to become so aenrrav vated. France won hi ptill, however, conseat to a less radical comb*nation than one pro posing the dismemberment of the States eftae Obnrch, oa tha condition of the principle of oon-interveution being maintained. A Turin dispatch say* the Russian Ambas sador, in the name of his government, repre sented to fount favour the heavy reepjoael. bility that would fall npon Sardinia, If, at tha very moment the European Powers were en deavoring to make tha otate of things lean threaten Ing*, *he were to take steps for tha an nexation of Central Italy. It » said, la ooe xequence thereof, an* following tbeadvlcaof France, all the pro fee tool Sardinia la refer ence to Central Italy will ba suspended for the present. A circular has been Issued tor tha fthrdlahlU Minister ot War to facilitate tha coasoiidntkna and organization of the Lorabardo.Bardialaa j "Mh|< LOCAI* Mm\XTm\m\m. Attempted Snitidr.— The runaor oa tbe etreet last Tuesday, that Mrs. R. J. Blunt bad *U ■■ tempted suicide the evening before, we are as sured by her brother in entirely without fou dation. We received our In forma lion from a> number of gentlemen, who had heard tha re l>ort from, as they eupposed, reliable sonreea. aud ac the act was- said to have beea at tempted whilst the lady was suffering froaa temporary derangement caused by family af flictions, those who heard the report gavecre deuce to it. (Pur Informant further states that be was with Mr. B. the greater portion af hie time from Friday evening to the hoar ef bis death, and that He made no admiselea. of having used improperly the name of aay one. His financial embarrassments caused him to uike the poison—an act which he duply regretted afterwards, and on Saturday mora ine, believed that he would recover Irom its effects. Mrs. Blunt is said to have borne Bar bereavement, up to this time, in a becoming maimer, and has the deepest sympathy Of am who know her. Hutting* Court.— This bodr was In session yesterday and transacted a' large amount af baslaees. The Commonwealth's cases arena. follows: Alexander Taylor, preeented for remaining ;in the Common wealth contrary to law. NoUi ! pesssfl entered and tho party discharged. Alexander Seldeu,for remaining la the Com monwealth contrary to law, found guilty, bat sentence deferred till next term, to give tha prisoner nn opportunity of lea\ ing the State. Nicholas Yandervall, iaeicted for assaulting and beating Mary Tracy, was found guilty. fined «£"», and ordered to be imprisoned act exceeding six months on Ice* the fine la paid. To-day has been fixed upon for the trial af the Screamersville rioters, and it to to be hoped that the Court will either force the parties lata trial or have the cases stricken from tha docket. Scores of witnesses have beea la at. tendance every term since November last, aad il is time that they were relieved from the an* noyance of appearing at Court one week la every month. The Char'e,ion f'lsi-oih'os.-Ws observe that it is iv contemplation to charter tha magnlfl cent steamship Yorktown for the ronveyaaea of gentlemen to the Convention that will ha held there on the jm proximo.by the Demo cratic party. This certainly i* a wi»e provi sion, n* we understand ilmt this fine ship Into be appropriated to the use and accommoda tion of the gentlemen that take passage en board ot her whilst she remains there. Tha crowd will, no doubt, be large li. Charleston at the time, and board and lodging may ba very difficult to obtain, even at advanced prices: therefore it is a judicious move on the part of those who intend to go to provide themselves) against any and every contingency. And let ns ask, who would desire better board aad lodging than will be furnished on board af this floating palace 1 She is the erackShip of the line, and, we believe, the fnsteet out of the port of New York. The veteran Parrish, too, will be iv charge of her. stnhbin" —James W Cbewning wan again befoie the Mayor yesterday morning, to an* swer the charge of stabbing Wm. W. Shields, on Monday night. The evidence showed that (he parties bad a misunderstanding about a street hack, which both of them desired to en g ge—that rough language was need by each of tbem—that Cbewning first got into tha hack, but was ordered out and abused by Shields-that after he left ibe \ehicle Shield* and his company got into it—that Cbewning then returned to the back and bad some words with Shields—that Shields got out, pulled off his coat aud struck Cbewuiug and that C then ttabbed or cut him iv the left arm with hi? pocket-knife Tbe Mayor, after hearing wiiues*e« on both side*, remanded t he prisoner for further examination before a Court of Jus. (ices. CWeaghif! t < ■*.- The assistant clerk ef tha Second Market made a large haul ol fresh shad yes ier iluy morning, catching foriy-oddof tbem iv a single haul. At an early hour of tha morning the clerk of tbe First Market saw a little luaiiiruvriog between a fish hauler and a huckster, which induced him to believe that the finny family, after being purchased in his district, were to be sold in another, aad he thereupon dispatched a messenger to hie brother clerk to be on the look-out, la tha course of tbe morning one of the hucksters— James Ford-ottered the shad for sale, ac ex pected, ana straight way they were captured, and he wu* called before the Mayor, mho fined him $5, and confiscated the entire batch af shad. .t/;.'»fiOo« H-'ituj— The CJlty Council,'at it* la.-.t meet ing, refused to grant ooeof tha y vilun teer companies the use of a portion of tha Clay ef. school-bouse as a drill room, because tbe flooring was not sufficiently strong for tha purpose. Tbe City Engineer, after examining the building, re|>orted adverse to the peti tion, and gave smh reasons as were entirely satisfactory to the Committee on Schools far Monroe Ward, and to tbe Council, why tha petition should be rejected. Whea tha new military hall is erected, most, if not all tha companies can be accommodated in that, and iv the First Market Hall. Broad Streti Koobtrm —l lav id Sch river, a lad, charged with stenlteft 9»m la money from hi* employer. Daniel O'Donnell, oa Monday met: Joeefh Griffin, charged with receiving tha same, knowing it to have been stolen, nnd Mary K. Hardeman, charged with receiving to.'i of the same money, were before the Mayor yesterday morning; but owing to ibe absence of witnesses*, the examination was postpoaea until Friday next, and the parties remanded to prison, Griffin says he can prove why It was ihat he visited Petersburg about the time of Ibe robbery, nnd Miss Hardeman declares that she bus never seen a cent of tbe money. /r.oiv Fuss.—Before the Hustings Court yea. terday, J. B. Marshall, indicted for cruelty to a slaw named Sebin, the property of fillet Cary, was found guilty by the jure, fiaed tH> aud costs, and sentenced by the Court to thirty day* imprisonment in jail. Mr. A.fi.Outgon the counsel for the defence, filed a Mil af ex ceptions, aud made application fur a eager. cedees, which was granted, thus rellevlag the accused from the Imprisonment, at least until the Judge can hear the evidence aad argumen t. Th' Ch. iter Msrriag i < to take place oa Friday next, whea nil persons who have takes smell in the boot and shoe factory to be established at that place, or who may design dnlaf ea, will be furnished with free ticket* toandlrom tha place of meeting. Whatever tha company de signs doing, should ha done quickly: fat the Son th are bow prepared to pat realm tjeetheru manufactures, aad should be compelled to rely upou the North no longer thaa la absolutely necessary. Mr. and Mrs. ii. Vam<Unk»g give their first Dramatic Reading to-night. Tie programme promisee ample entertainment an well as in tellectual profit, aad Mr. V.'s iindirleg ef tbe great Trial of Bardell «>. Pickwteh. In said to he a woader of Protean versatility. To night aad Saturday night are their oaly area. Inge. Mrs. Vandanhoff la a native of Savaa nnb, and comes to her native South erowaed wltb Northera laurels. _____ fruMOMs ctmtk* are becoming so mthioaa blewiih halasss mea that the fMbwfaa la different pans of the State find It hspaaMbia, with theirpreeen t meillUee. to fill the vaeieae orders that pour in upon them. Oar peipU i era learning to discard arinhhlulha aad) panel, meres, aad w adopt in ywsaroieaaa the beau*, ful Southern g£*« wbe seaa ea rjje tMaatg every hoar la the day. moraaam luaam fmll dw, of Henrico couaty, alsaTfhifi hy IWte bieThomns, held an fan. ueat over the Up af Mlahael bmeaivear, ally •hoi at tha reatfiaaee af M*. m^wTSL