The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-10-09

seal Of the State and the formaity Of the
recitation In the process itself, Is all that the
requjsitioned Governor can scrutlnize Why,
even In q case OF international eXtraditiOn no
longer ago than last Winter-the case Of the
Massachusetts forger who abseonded to Eng
land-the Massachusetts bar itself held that
the British government had no right to stip-
ulate how the prisoner should be tried 1t
was held by the British authorities, you may
remember, that they were not bound to ex-
| tradite the prisoner except under q pledge
that, when landed In this country, he was not
to be tried for any oifense other than that
charged in the. indictment under which tho
demand for extradition WIS made But all
our lawyers held that this was D violation Of
the spirit Of the extraditon treaty as it was.
"This parallel between the two cases." con-
tinued Judge -, "lies In the similarity Of
the prejudgment of motive. The British
authorities undertook to PREJUDICE TINT the
| United States wanted that forger - the Rev
what -his-name - for other purposes than
those specified In the papers, and on that
ground refused to extrndte him But
THAT DOCTRINE WAS NOT ADMITTED ON THIS
SIDE.
In the same manner Gov. Rice assumes that
Hampton wants Kimpton for something else
besides what is set forth In the process. This
one OF which led TO the other. Instead Of re-
ferring the matter to his Attorney General
he should, II he desired to test the case, have
granted the requisition upon on understand
Kimpton's counsel should be allowed
courts for writ q haJeas corpms.
which would have brought the case before
the proper tribunal for review. And In the
second place, II he was determined to assume
discretionary power, he should have attacked
the matter or form of the papers themselves
and not the motives of the South Carolina au-
thoritjes. Really the attitude of Gov. Rice Is
absurd and untenable from O legal point OF
view"
"Will you be good enough, Judge to tell me
II =. Hampton has any remedy ! said.
Undoubtedly he has. No State In this
Union can be made
a SANCTUARY FOR OFFENDERS
by the whim of Its Governor. II that were
the rule what would be the use OF having
courts? You ore aware that the District
Courts Of the United States have orig
inal jurisdiction In cases arising be-
tween States, or between State, and
citizens OF different States. Primarily,
this Ia civil Jurisdiction, and perhaps Gov
Rices legal advisers have told him that the
case OF Kimpton, being criminal case, can
not be reached under that statute But I'M
less ]. am very much at fault as to the prac-
tice OF United States courts, an application by
Gov. Hampton to the District Court of the
United States for that district, praying for q
mandamus upon Gov. Rice or for writ citing
him to show cause why he should not deliver
the body OF Kimpton, would be entertained as
Q civil case arising out Of u breach of inter-
State executive comfy"
"What do you suppose would be the result
of such proceeding, Judge p inquired.
"Ah, now you are asking me to judge of the
facts. | cannot do that. I have simply been
stating to you the law rs might do II were
charging jury. You know 1t Is the duty Of
the judge to know and expound the law. He
cannot deal with questions of fact except by
agreement of counsel. do not know any
thing about
THE FACTS IN KIMPToN's CASE.
He may or may not be subject to reauisition. |
But that is question for the courts to deter |
mine upon hearing; not for an executive to
decide arbitrarily"
/ need only add that the learned iurist
whom have quoted is o Judge of one of |
the Superior Courts Of the United States, |
appointed as Republican by Grant. It |
would not be proper for me to give his name,
iish his rendering of tho law he expressly |
stipulated that | should not put It in the |
form OF regular interview on the ground |
that 1t would be indicate for q Judge, &c
lively upon O bench before which the case
might possibly come on appeal, to rush into |
print with his opinion in advance.
To Judge from the way the affair la talked |
about here 2. In the highest political and judicial
gravity Of the points involved since
THE DRIED SCOTT DECISION.
PUBLIC opinion, without regard to party. Is |
substantially unit In favor Of Gov Hamp-
ton, and that official will sorely disappoint |
both his own friends and the believers In the |
constitution generally IL he does not exhaust |
all methods of redress. If the Federal courts |
decide that Massachusetts Is sanctuary for
fugitive Radical thieves from the South, 1t
may be good thing for the next census of |
that state; but even under that philosophy it,
would be better to make sanctuary Of some
part Of the country where additional popula-
ton Of the light-fngered variety is more
needed than In massachusetts, for exam
pie, Alaska! A. G. 3.