The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-02-16
FROM THE CAPITAL.
The Rendition OF Harrison - Gov
ernOr Bakers Action Thereon Ex-
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| INDIANAPOLIS, Feb. Is.
Editors Journal:
| Governor BAKERS attention has
been called to what was said in the
local columns Of thegJ oURNAL, of the
18th, about the hSsingular omis-
sion" to require HARRISON to be
brought before some judicial officer
before confding him to the custody
of the.agentsof the Executive author
ity of the State of Mississippi, and to
what was also said about the CAR.
Isles having been required by Cow
ernor BRAMLETTE to be taken before
a Circuit Judge in Kentucky before
they were surrendered to the agent of
this State.
[ am requested to say that the act of
Congress on this subject peremptorily
requires that where the Executive
authority Of. one State shall demand
any person as fugitive from justice
of the Executive authority of any
other State, to which such person
shall have fed, and shall, moreover,
produce copy Of an Indictment
found, or an affidavit made before
Magistrate of the State or Territory
from which the fugitive escaped,
charging the person SO demanded
with treason. felony, or other
crime, and certified as authen-
tic by the Governor or Chief
Magistrate making the demand, the
Executive upon whom the demand is
made shall cause the fugitive to be
arrested and delivered to the Agent
of the Governor making the demand.
In HARRIsoN's case the require
ments of the Act of Congress were
strictly complied with, and the only
thing Gov. BAKER could do, was
either to grant the application orTre-l
fuse it. There is no law, State or
national, which authorized or en-
powered him to require the alleged
fugitive to be brought before any
Judicial officer for the purpose of es- 8
tablishing his identity, or for any
other purpose.
And if an order had been issued
requiring HARRISON to be taken be-
fore Judge for any such purpose,
the order would have been void for
want of authority to make it, and the
proceedings of the Judge under it
void, for want of jurisdiction. 3fls
In this case. precisely the same
course was taken that has been pur-
sued in every similar case since the
admission of Indiana into the Union.
In Kentucky there is State stat
ute authorizing and requiring the al
legged fugitive to be taken before
Circuit Judge, for the purpose of
Identification before he is surrender
ed to the State claiming him.
If HARRISON has been made the
victim of perjury, it is deeply to be
regretted, and may furnish a good
reason for additional State or Con-
gressional legislation on this subject,
but assuredly could furnish no justif-
cation for the assumption Of legisla-
tive power by the Executive Depart
ment of the State Government. mr. q
In conclusion permit me to say, en-
tirely on my own responsibility, that
Governor CONRAD BAKER is the last
man in Indiana to be suspected of
I" singular OMISSION wheregthe lib
erty of fellow citizen is at stake, and
to suggest that knowledge of law is
very essential qualification for safe
and successful comments on legal
matters. II you'd also beg per.
mission to remark that the assiduous
cultivation of spirit ofuniversal diff
fusiveness will invariably result in an
invasion Of unexplored regions where
the explorer is peculiarly liable to find
his nasal organ in other peoples bust |
ness. The old proverb relative to
;, edge-tools " may not inappropriate
ly be suggested to the article under
consideration MARK TAPLEY.