The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1842-06-16

Washington City, with this defect, but
when returned by bin here, the blank was
filled. No emendaiion to legal instru.
meut OF that character should be tolerated
.. Gov. McNr,t's certificate was not con
iormable to tue acquisitions of the act OF
Congress, being uuaccompauied by his Of
fetal seal, or by the great seal of MIssIssip'
pi. Gov. Morehead very properly COZ.
cludes by reminding McNuit ,ba. ibis pow.
er "oyer our fellow citizens IS ttemen
dous one, and should not be exercised only
in the StricteSt manner"
g. Letter of X. W. James to Gov. More
head, dated Wilmington, March 20, 1871
requesting the return of the papers or co
pies of them, that he might send them &c
Mississippi, and have them corrected.
Z. Gov. Moreheads letter 10 Mr.. james
sending copies, aud pointing on; various err
rors IN the papers. They we're not full
no. sufficiently specific. The affidavit die
not directly show that the Justice admins
tered the oath in his own county-nor di,
i, charge the theft so directly as perhaps
Il ought. The affidavit should make The
charge directly that be stole, and if the af
fan, should refuse to do that, he doubted
whether Gov. McNuii would make the de
mand.
s. Letter from r. W. James TO Gov
Morehead. dated Wilmington, 3rd April
lS4l, making another request for the orig
NAL copy of the affidavit.
0. Gov. Morehead's reply declining 70
give it.
10. Letter TO Gov. Morehead from Rob,.
Strange and James 6. Wright, Esquires,
dated Wilmington, April %, ls4l, inform
ing the Governor of proceedings had before
Judge Dick, against the said Robt. W.
Sanders, at the instance of james, who
they say, seemed determined to "use ere.
ry means 10 render The principles Of comfy
e.riSting 6etueea The States of 'diS Union
instruments for ,credkiag his priudte rem
geancs." They further state that James
held pecunary claims against Sanders. and
declared, unless he paid or satisfied him oil
his inability TO pay, he would have Sanders
carried to Mississippi, TO answer 10 the
charge of negro stealing Sanders was
arrested upon his affidavit; and after pa.
iieni hearing, Judge Dick was satisfied tina,
no felony had been committed, and dis.
charged the prisoner. Believing that
James, not satisfied with this, would push
the matter lorther, they would put Gov,
Morehead on his guard, "that a rcspecia-
bic citizen Of the State might no. be made
the victim Of oppression"
IL. Coy. Morehead's reply to Messrs.
Strange and Wright, in which he suggests
The pFopriety of their writing to Gov.
McNutt, informing him Of the facts tina, il
appeared upon his trial "that the design Of
Mr.. james to take Mr.. Sanders back to
Mississippi upon charge of negro steal
Ing, was not SO much to have the criminal
law Of that State duly executed as it tcqS to
enforce the collection of some debt or to
crafty some malignant feeling entertained
towards Sanders expressing lie belief
hat NO aGoeeraor uould, NTH This kRo,el
''e' NON -,s.n~ "a iha d.
dated Wilmington, Juno I, ISL,
stating that he had, in consequence of the
nformality Of the first, sent to Mississippi
nd procured second affidavit, which he
nclosed, and expressing the hope that the
Governor would !" transmit to the Sheriff OF
New Hanover the proper precept te enable
lin to discharge his duty as agent of Mis-.
iissippi."
13. Gov. Morehead's reply, dated 22nd
June, declining to take any action upon the
second affidavit" because "no requisi.
ion Of the Governor of Mississippi accom-
panied H." "lt was scarcely TO have been
expected (says he) that any action would
axe place upon former requisition which
rad TO be supported by an affidavit made
'ome moathsttere0ffer. when.
yer the requsilion is made according 10
aw. it will be promptly attended TO-"
"One thing may be remarked, however,
. this case, CONTINUES he.) 1t is a ln.le
able, if this felony was committed in
let. 500, and that too TO the certain knowl.
dye of the affilnt, James W. johnson, that
0 step has been taken 10 indct him in the
ounty Of Holmes, where an opportunity
as offered 10 prosecute felon according TO
Ie usual course of the law, aud the prose
uior failed to do SO, but preferred to rely
u the unsupported affidavit of single per
IN. | should hesitate TO make reqns-
on on one Of the Executives Of any OF the
iates unless some good reason was offered
by the usual course was not pursued"
II. Letter from Gov. McNutt 10 Gov /.
Iorehead, dated June 4, ls4l, enclosing
e second affidavit Of johnson, with his GER
ica,e 10 the same, and making second
.nand for Sanders-expresslng the hope
at I" both the form and substance OF these
,cumenis would be satisfactory to his Ex
llency."
10. Cav. Morehead's answer TO ibis de
and, laying before Gov. McNull divers
cts winch had been brought TO his knosl .
Ige, which, says he, 81 deem il my duty
lay before you, and request Of your Ey
,lleucy reconsideration Of this case, that
our Eycelleucy may determine whether
ou deem il ynur duty further TO press this
smaud." He then proceeds TO stale, that
,orlly after he declined issuing process,
lmes had Sanders arrested on this charge.