Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-06-16
GOV. HARRIS TO GOV. DENx1sox.



Nashville, Tennessee, June 18th, 1860
His Exceuency, W. DENNIsoN, Governor Of the State
Of Ohio.
SIR: have the honor to acknowledge the receipt
of your EXcellencys communication of the I'd INST,
in answer TO which must be permitted to express
my profound astonishment, well as my sincere re
pret that the principle announced by 1t, should
have been adopted and avowed by the Executive Of
a sister State who from his elevated and RESPONSE
bic position is supposed TO reflect, not merely the
sentiments of an individual, but the calm and DIS
passionate judgement of a great commonwealth.
Yo,r FvCeIlencv saws that the crime of negro
stealing NOT being known to either the Common Law
or Criminal Code of this State (OhlO) It Is not OF
that class of crimes contemplated by the Federal
Constitution. for the commission Of which, am
authorised as the Executive Of this State, to sur
render a fugitive from the Justice OF sister state,
and hence L declined TO issue a warrant upon the
reouisition of your Excellency for the eXtradlton
of Stephen G. Kennedy and Mary Ann T. Hatch, alas
"Mary Ann C. Calhoun, charged with that offence
The principle asserted by your EXcelency in the
above paragraph Is that as the offence with which
the fugtives are charged is not crime under the drS
of Ohio. the duty Of surrenderiLg them upon the
demand Of the Executive OF Tennessee does not de-
volve upon you as the Executive Of Ohio, however
highly criminal the offence may be under the laws
OF Tennessee. where it was committed
Your ExceIlency must permit me TO say, that this
decision eectually utilities the second clause OF the
second section Of the fourth article Of the Federal
Constitution as well as the act of Congress, OF Feb
ruary 18th. 1893 The clause of the Constitution
referred to, provides that: 4" person charged In
any State with treason felony, or other crime, who
shall fee from justice, and be found IN another
State. shall on demand of the Executive authority
I" Of the State from which he fed be delivered up
to be removed TO the State having jurisdiction Of
the crime;" and the act Of Congress passed for
the express purpose OF carrying INTO effect TINS pro
vision of the Constitution provides That when
ever the Executive authority Of any State in the
Union. or either of the Territories, ~
shall demand any person as fugitive from
Justice of the Executive authority of any such
Estate or Territory to which such person shall
have fec, and shall moreover produce the copy
of an indictment found affidavit made
before a magistrate of any State or Territory as
aforesaid, charging the person so demanded with
having committed treason, felony or other crime,
certified as authentic by the Governor or Chief
MAGISTRATE of the State or Territory from which the
person so charged fed it shall be the duty Of the
"executive authority of the State or Territory to
which sucb Derson shall have fled TO cause him
Ter TO be arrested and secured, and notice Of the
arrest to be given to the executive authority max
ing the demand, or TO the agent Of such authority
appointed to receive the fugitive and cause the tu
gitive to be delivered up to such agent when he
shall appear
clearly 70 admit of argument doubt or cayll, that
the constitutional duty Of delivering up fugl-
tive must depend alone upon the criminality Of the
offence charged under the laws Of the state where
bic for an unprecedented mind TO arrive at differ
ent conclusion. .
Kentsdv and Hatch were charged with crime, -
y+l crime of negro stealing) IN the State of Ten
-oo NV .. an affidavit made before a magistrate of
go ctate = which was certified as authentic by the
S,,,-synor of the State. They fed from justice.
.sand were found in another state, (the state Of
oI;oN Tlev were d" demanded by the executive
tI,rit, of the State from which they fed and
81. o5-aTt appointcd by the Executive Of Of Iennes-
see TO receive the fugiuVes appeared AZ INC Nap'''l
off Ohio for that purpose. 81.
F,,t instead of obeying the planlette and spirit
e 81 Cstit,ftion and the Act Of Congress referred
"a IL I.I;roring them to be removed to the State
~ ~ Ty.assoel having jurisdiction Of the crime,
IN F,calleDcv refuses TO do so upon the ground that
-, s+,oIir7 not being a crime under the laws o.
-o7,7 STATE Won assume that 1t cannot or shaA not
he crime in any other State, or at all events you
will not recognize it as sueh' as III your o5lHon AZ
:; - 90 tIot class of crime contemplated by the
$500 L. c[s.;tntion for the commission Of which
- - o+I,crized TO surrender fuguye
~ % ;ogIne the authority upon which your
r7 o'l..S. ,-95ertaBes TO distinguish between
Ia-elS - ,,riTne or determine upon any class OF
1850 -, = -,3t contemplated by the Consttu-
49,, :, 49, ,,s,ther the Constitution or the act OF
Con,rars fo the rendition OF fugluFSs from Justice
oEe s7,,- s,,ch distinction, nor 90 uley
70 determine what shall constitute - =. ,l
e-npe enDuloved in the COnsututoA DStle' - -
charged in any State with Eeaso's ~ II and ioes
ir,e Sc was most clearly INTENDED W anu ~.
,- 20 o,s- 5eecriation Of crime, and was ADOPT
0BPy -, 49, 7,,,,1ose than that OF securing
comedy nlsin full and adequate 70 an tliS ,
tbe co1federacv, BIZ which they might Leoa -
Sitiyos as had violated their Respective GRIM
ssI laTs Hence every act that is criminal unleI
The laws Of the State where It IS eomililleu -