The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-01-08


forgers and counterfeiters and allows them
to go I'm whipped of justice. His first act
was 10 violation of the solemn pledges and
conditions upon which he accepted nomin-
alton to office, and his last act Is in viola
ton of the comfy of states. With his first
act we have, now, nothing to do, any fur
ther than to say that however right he may
have been in the abstract,it was more than
countcrbalanced by the wrong committed
in violation of pledges without the making
of which he could never have become gov
ernor. As to his last act, in that 1t was
contrary to the comfy of states and its eff
feet being to turn loose notorious criminals,
we consider it wholly without excuse or
justification. There is a comfy existing
between tho different states of the Union
as much known, assented to and practiced
upon, as is a similar comfy between ma
tions. Between Independent nations this
exists by international law and is further
recognized and enforced by treaties. All
wars between civilized nations are founded
upon 1t or on a breach thereof, and are
conducted according TO its dictates. 1t is
due to this comfy, as supplemented by
treaty, that extradition is made, and per-
sons accused of crime brought from foreign
countries for trial in the place where the
crime was committed. Between the seve-
raj states, this comfy is, rs with nations,
matter of courtesy between equals, and
is, also, constitutional requirement as
well as the subject of legal enactment. The
national constitution declares that "a per.
son charged in any state with treason, fell
ony, or other crime, who shall flee from
on demand of the executive authority OF
the state from which he fed, be delivered
up, to be removed to the state having juris
diction of the crime" 1t will be seen that
the provision OF the constitution is express
and without any limitations or exceptions
1t declares.that the executive of state. on
the demand of the governor of another,
shall surrender for trial any person charged
with crime, who has ''flcd from justice
and shall be found in the state. Custom
however, has made exceptions to- or rather
limitations TO the sweeping mandate. These
exceptions or limitations are that the crime
charged shall be Il crime in both states, and
that If the alleged criminal Is already in
execution for another crime in the state 10
| ,x.I,i ,l, ba hoc Nol mud x,.bo hs io f,npl
before requisition is received from the
| executive of the state where the crime is
| alleged to have been committed, then the
| executive of the former state may exercise
| a reds0aoJls discretion, and either retain
the Grimm al IN confinement until the eX.
piration of his sentence, or may grant him
a pardon and, then, deliver him up fol-
trial in another state.
1t is the refusal of Governor Talbot to
exercise this reasonable discretion that
thwarts the ends of justice. He could, OF
course, pardon or refuse to pardon "Spence'
Pettis as he pleased, but if his discretion
was unreasondJly exercised. If its tendency
Was pau, ii ilS tcsult hii' piopuDiS; oioiV
protection to the most skillful of forgers
and counterfeiters and a great wrong bt
committed on the commercial and financia
interests of the larger cities, then does HI
violate the provisions Of the constitution
disregard that comfy which ought to exis
between sovereign states, and subject him
self to merited criticism. Look at tn
facts. 1t is generally conceded by thos
having the best opportunity Tor knowing
the facts that Pettis is not naturally
criminal, but has been made The tool o
others However this may be, he is nov
confined in the Massachusetts, state prison
on an uneXpmed sentence pronounced TO-
an alleged crime. He is guilty, by his owl
confession, of having aided band Of bont
forgeis and counterfeitcrs in preparin!
their forged bonds and in placing then
upon the market. AS we understand it, i
is not claimed that he is an adept at cilhe
forgery or cOunterfeiting, the most that !
charged being that by his pleasing manners
his address, and his respectable connections
he had extraordinary facilities for dsposln
of fraudulent securities without suspicion
The other members of the band ore expert
in both crimes. and their forgeries haye
even, "passed muster" with the companie
whose securities were counterfeited and tn
men whose signatures We're forged. Thes
forgers are now awaiting trial, a jury hay
ing disagreed on former trial. 1t
claimed by District Attorney Phelps tina
the testimony of Pettis, corroborated as
is by other testimony will secure the COL
viction of these men, who have grow
wealthy and defiant by means of the
would be impossible. Upon these ground
application was made by the district attol
ney for pardon, the petition was endorse
by Governor who, also, made requ
iton for Pettis as fugitive from justice
and had the support of the leadin
financial men Of New York. as we
as number of Boston financial an
business men. The chief oppositio
to the pardon is believed TO hay
been inspired by the criminals who fear
, be confronted by his testimony. Moreoye
if the confession of convicted criminal
TO be believed when he has no personal il
terest in the matter, Pettis is suffering frol
, an unjust sentence, being innocent of Il
9 crime with which he is charged. This ID
trct Attorney Phelps distinctly states, an
p the statement is based upon the confessio
. of person convicted aud now undergor
+. sentence for the same or similar crime
I Yet upon this state of facts Governor Ia
e bot, on the last day of his official term, r
G fuses to further justice by granting pa
y don to Pettis and delivering him up to Il
G authorities of New York to answer indie
|, ments there pendi Ig against him. No Ri