New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-09-02
HLRAM H KLNPrONs RELEASE.

THE REASONS OF ATTORSEY-GENERAL TRAIN FOR RE-
COMMENCING THAT HE BE NOT SURRENDERED.
BOsTON, Aug. 31.-AttOrney-GeneTa Train
has made 10 Governor Rice his report on the Of
Hiram H. Kmpton, whose rendition asked for by
Governor Hampton Of South Carolina with reference
the assertion OF the counsel for the State Of South Caro-
lima that there discretion repNsed Ia the Gov
Of Massachusetts, and that IL his imperative
duty forthwith to issue warrant Of extradton, and
the respondent to be delivered TO the agent OF
South Carolina. The Attorney General says: Should
adopt this doctrine, and advise your Excellency
the statute OF which has now
been in force for period Of scventyve years. aid OF
the provisions Of the Constitution OF the United States
for the rendition Of ugityes from justice be uncOns
tutonal law Many Of the States have no statute upon
the subject while many Of them have statute substan
tally like our own, ard 1t is Pot improbable that t1e
statute Of the State upon this unnecessary But
shall not presume TO declare ancient q law our
own TO be unconstitutional, disturb the practice
under it. which is we'll settled and thoroughly
The authorities which are relied upon by the learned
counsel sOath Carolina entitled TO great consider
alton but they controlled by decision
In the case OF Taylor agt Tainor 10th Wallace, 1861
In which II s distinctly held That the Executive Of the
state may exercise discretion IN the rendition OF fu
tive from justice. bound by the law OF that case
well by our statute TO inquire and report whether
the party whose rendition required is held in custody
Oris under recOgnizanee 10 answer for any offence
against the laws OF this state or OF the United states, or
by force Of any civil process; and II clear that
partyis held, the Executive may, at his discretion
decline To comply with the requisitiOn. % Upon
tile most careful consideration which am able TO give
the question presented feel bound advise your Ex
ceenoy that Chapter ~ OF the general statutes
sutuuonal and that IL Is yOur duty 10 exercise sound
discretion in ITS administration. In the present
find, aud report 70 your Exccllency that reqns
ton is In due form Of law, and that KimptOn is
lot held IN custody, uuder recOguZance
for any offence against tie laws this
or United States by any civil process
Were this the whole Of tho case should advise your
Exeeeucy that a warrant Of eXtTadtiOn might properly
ISSUE but find. further, that The crime with which
KimpsOn stands charged committed IN April, 1872
and that attempt was made 20 prosecute him his
eo-defendants until August, 1877 does IL appear
that there present Intention try them upon the
indictment it does appear that for many months ne
gotiatiOns have been going between the authorities
OF south Carolina and this respondent under which he
was offered immunity II be would return TO that State
and volunteer witness her courts, and that this
offer renewed after bis arrest acre. Upon all the
evidence, am Of opinion that the indictment when
found was for Interior purpose which does not APP
pear aud not for the purpose Of trying him Tor any sup
posed crime against the laws OF that State. therefore
advise your Excellency that II 10 not expedent com
ply with tne request