Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-10-25

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without his knowledge or consent, and
that the act was one of which he was
not only ignorant, but one which he
could not and did not approve. The
authorities of Tennessee have always
been prompt to extend, not only all the
legal appliances, but also the oppor-
tunities and courtesies of the Executive
Department in the arrest of fugitives.
Perhaps no State In the Union has
stood 80 little upon form and ceremony
in this respect as Tennessee. She has
not only sought her fugitives in every
State of the Union and brought them
to trial, but she has also complied with
every demand made In accordance with
the laws Of Congress, without question
or inquiry as to the standing or high
position of the accused parties. Inso-
far as the Republican charges want of
courtesy or an unwillingness to deliver
up fugitives from Tennessee, it does in
Justice to Gov. Brown and the whole
peace department of the State, and re-
fleets without cause or reason upon our
whole people.
That the Governor of Tennessee, as
the head of the Executive Department,
cannot overlap the prerogatives of the
Judicial deparsment and take a pris-
oner from its custody, is a proposition
the correctness of which no lawyer will
question, and it is, in fact, freely con-
coded by the writer of the article above
quoted. The Executive is not superior
to the Judiciary department. On the
contrary, 1t is inferior, in this that it is
alone upon proceeding first begun III
the Judicial department, that the Ex-
ecutive is authorized to act. The Gov
ernor cannot even make demand for a
fugitive, until the courts have first ac-
cused him, nor is his demand then in
shape to be honored unless it is accom-
panied by the proceedings of the court;
the indictment or presentment giving
validity and virtue to the requisition Of
the Governor.
The party being in custody of the
law and in the hands of the judicial
officers, the Governor certainly cannot
pass upon the process by which he is
held. To do SO would be to give him
coordinate jurisdiction with the courts
and the judges, in the hearing and trial
of petitions for hdbeds corpus, one of
the extraordinary and delicate preroga-
tives and duties of the Judiciary. The
prisoner has only to make application
to any judge for hearing, and this is
his proper legal right andremedy. The
statutes of Illinois recognize this fact,
and have provided by several acts for
legal aid and assistance to any of the
citizens who may be illegally kidnapped
and carried away into other States. In
fact, the provisions of the code of Hi
nois upon this matter are so plain and
fit so well in their details the fact of this
case, that we are surprised that Gov
ernor Beverage should disregard them
for the uncertain honor and questiona- |
bic privilege of an executive demand |
by the sovereign power of one State
upon another. And, taking this in
with the fact that the Gov
ernor of Illinois has shown so great |
anxiety for the defense of the honor of |
his State, and so little for the trial and
punishment of a prisoner charged |
with, and without doubt guilty of, a
most hienous murder, We are led to ask
if justice and a due execution of the
law are not looked upon as matters of
secondary Importance in this contro-
versy.
If a fugitive temporarily in Tennes-
see, fleeing from the authorities of his
native State, should be apprehended
and brought to trial for his crimes, in
though it may be, in the alb
sence of an intentional insult to
the dignity and authority of the exec
utive, the Governor OF Tennessee, would,
we are sure, interpose no technical
obstacle to the course IF justice. Gov
ernor Brown did not delay action until
the kidnapped man had passed into the
hands of the judiciary, and then'plead
want Of authority to deliver him. The
prisoner was IN the jail of Henry
county before any information was re-
ceived at the capitol of his arrest. He
was lodged there by his abductors, who
never designed anything else than to
bring him to trial. They were doubt
less legally guilty, under the statutes
Of Illinois, of kidnapping, and being
guilty, would doubtless, on proper de-
nand, be delivered up; but their whole
course shows that they intended no dis
respect to the laws or authorities of
Illinois, and were simply over-zealous
IN their efforts to bring the fugitive
murderer to trial.
WE seek to Judge those only whom we
'egard not; all connected with those we
owe IS held sacred; 10 endeavOr 10 pene-