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

the taker.n All writers on criminal law
say that 10 commit it, there must be tres
pass in taking the goods from The posses.
SION (actual or constructive of the oTner.
Ia the indictment furnished Gov. More.
head, the oraer is said TO be 'the estate
of Benz. w. Sanders, Decd" He shews
that this would produce the absurdity, that
the properly was taken without that es.
tate consent and against that estate riH =
He argues that the indictment must charge
to some person, known or unknown; but
this does not and, consequently, does not
charge the larceny, felony, nor indictable
offence. Therefore, (says he) the Exc
cutiye of Mississippi has no right 10 make
the demand, nor have the right to make
the arrest" This he proves BY reference
to the Rev. Code of Mississippi, whore
possession of the onaer or opners is ex-
presslv required to constitute the offence.
Gov. McNutt admits that bill of indiot.
ment might be quashed for formal de-
feet of not charging to some person. This
Gov. Morehead regards as substantial
defect; and asks with good reason, if the
defendant could not be punished under
such 4 bill, why demand him on that same
indictment
He was at no loss to imagine why James
would be glad to have him arrested. lie
has him bound to Court upon one or more
ca. SaS. for debt, where he is TO appear to
take the oath of insolvency; and if he
should be arrested aud sent away, his
bondsmen would have the money to pay.
Speaking Of the character of James, he
says, /" | am not willing to entrust the GUS
,ody Of a citizen 10 that man, no matter
whose agent he may be, who is his prose-
cutor and enemv--who is entrusted with
documents exercising the highest power
of sovereignty, verified with the Great
Seal of the State, the emblem of that sove.
lcignty, and which, ifthe monied demands
had been settled, he would have burnt -
who, holding up said papers in threaten
ing way, remarked that he, the SAID Ed
ward. would have to go, unless he settled
certain pecuniary demands-who thought
the allidayit sent by his Excelencv needed
CORRECTION, and made it and who might
think the prisoner sent by me needed cor.
rection and give IL"
Abiding TO the articles which had been
rcsorted to to have Sanders carried back
to Mississippi under Executive authority,
he saws: 1.-THE whole difficulty in this
prosecution has been to avoid perjury, and
still to make out an offence. johnson will
not swear that Benz. w. Sanders died in
testate; and whenever they attempt to de-
scribe uhose property L. w. Sanders
stole, they viii be compelled TO say it was
lis ora !"
Believing that Gov. Tucker would view
the matter as he did, as an attempt on the
part Of the prosecutors to avail themselves
Of I" Executive authority F." to effect an adj
iustment of their private pecuniary de-
mands, he concludes by expressing the
hope that his EScellency would withdraw
the demand, and save him the discharge
of an unpleasant duty, in declining TO COM
ply with the request Of brother Execu.
declining nor Urging the ,fefnufYY oar
which virtually wi,hdraws the demand, in
as much as it shews that Sanders had re.
turned voluntarily TO Mississippi, surren.
fered himself to the authorities of that
State, aud had been admitted 10 bail for
his appearance to answer to the charge.
His bail bond, with two sureties, bound in
the sum of $500 each, are enclosed.