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

aHiouht, @hu uos PoPOoc" ~ "e"'S' 'S"'
further prosecution if some pecaniGry ar.
rangement satisfactory 10 himself could be
made by K. w. Johnson or some Of his re-
,atons; that Johnson is man OF bad char
acter and tina; james admitted be proposed
to compromise, but denied that it had any
reference 10 this prosecution-a!so stated
that ID. w. Sanders, as administrator of b.
W. Sanders, had sued hun for $50, 600,
when the estate owed him some $l5 600,
aud tina, L. w. Sanders had sued him for
malicious prosecution.
Gov. Morehead remarks;
at is not 10 be presumed that the Exc.
cutiyes oil the States are informed OF the mo.
,ives which induce prosecutions to be pre-
ierred. All they are presumed to know
about the matter (unless called upon 10 in.
vesiiga,e ) is The charge contained in the
bill of indictment or atfidayit aud upon
that, the high constitutional prerogatiye OF
demanding a citizen is exercised; but pre-.
sumo neither your Excellency nor any 9th.
er Executive of the Union would for mo-
meut think of exercising this prerogative, il
YOU believed the prosecution was preferred
Tor any other purpose than that contem
plated by the Constitution. And MS il may
well be questioned whether the Executive
from whom the demand is made, has any
authority to investigate the propriety OF the
demand and to refuse il, when he believes
it oush, not to be made this consideration
imposes upon the demanding Executive the
duty Of investigating the charge, at least
when invited 10 do so, and Of satisfy ing him.
self that the fugitive is a felon, aud hat The
offended dignity Of his Stale requires his
recall and punishment" Gov. Motehead
then very properly enquiries, why delay 10
prelerrlng bill of indictment was John.
son interested did he fear the investigation
oil Grand Jury Was i, not fair inter.
pretaion Of the act Of Congress under which
the demand is made, that the affidavit must
be resorted TO, when there was no oppnrtu.
nifty Of prelerring bill Of Indictment, and
when haste is necessary? He then quotes
from the first affidavit TO shew lha. the aim
Of the prosecutor johnson was rather to
reach the property, the slave Cook, than
the ielon Sanders and adds, 81 believe
your Excellency has only to believe this,
and the demand viii be promptly with
drawn: That he had a greater desire to
make the slave Cook subject TO the lawful
liabilities and legal claims against the es.
tate Of Benjamin W. Sanders, than TO pro.
,ect that estate against felon that your
Executive authority was invoked more 10
appease the offended creditors Of b. W,
Sanders, decd, than the offended sovereign
ty OF Mississippi was invoked more to have
both carried back to Mississippi, than to
have the ielon alone carried back and 10
shew bis motives, no says expressly ho be
ieves both can be brought back By Erecu
tire authority !"
But it was evident the accused SANDERS
gas no felou. He had some claim to th.
srralo ~yn.s~. .aa.s4, sstsss ssfssa.t
fmanai-wi!h felorious design.
He next adyorts TO the charge That john.
san is the instrument of james 10 effect some
pecuniary arrangement, which be thinks /
matter worthy Of inquiry reminds Gov.
McNuu Of the awkward position in which
he aud the State Of Mississippi had been I
placed by the conduct of his agent in filling
the blank in the affidavit, after he had COT
tilted ii 10 be authentic brings to his notice
the fact that James acknowledged that be /
bad been chaffarns with the fugitive or hs
friends about private pecunIary matters AM /
grievances calls his attention 10 the fat I
tina, the affidavit was still detective, IN IS
much as il did not state in whom the PR.
perIy in the negro was yested-it shou1
charge that the property belonged to soBe
person, known or unknown; treasures hs
Egcellency that he acknowledges slaves
be property, &c; and closes by requestig
Of his Excellency a reconsideration, AID
whether, under the circumsta.
ces, he would deem il his du;y further .
press the demand.
lG. Gov. McNutt's reply, dated 0ct.F,
1871, arguing the legal questions raisd, !
examining the arguments touching the gut Z
II the fugitive, which he is constrained E
acknowledge "afc able !" and concludes V {
ene@lng the demand. 10
II. Another from the same, dated l3l q
Dec. transmitting bill Of indictment, an n
'iIl pressing the demand.
IS. Gov. Morehead's reply-addresseI r,
iay. Tucker, McNuu's successor. Il {
efers to his former letters, and says: b ii
hat correspondence you will perceive ,ha ic
had transplrcd, and facts ia pI
one TO my knowledge between the fla in
emani in March and the second demanI
f the 4'h June, which induced me TO BID
eve that the prosecution had been prefer CT
ed to effect an object not contemplated b
he Constitution. Therefore felt It my DID nj
Y to put Gov McNuu IN possession d dc
hese facts, not doubling but that he woul pi
promptly withdraw the demand, i be wer /
atsied that the pretended fugitive was I'D s.,
Iearly guilty, and that tho prosecution wd I
referred TO effect any other objec, than III ST
punishment of felon." He then recapi,l no
ates the proofs of Sanders innocence o{ Id en-
barge Of felony, and submits TO Gov. TucAp
4 whether he will deem il his duty furlhe &C
0 press the demand ce
10 the event Of his doing so, he draws hi biz
t,enttnn Is tn the lneunicle1cV OF the eyde