The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-09-29
AN AUTHORITY FOR GOV. HAMPTON

AN AAIHURiLI IUh UUN. HAMEItNs
Judge Longwortb of Cincinnati, has re-
Gently had occasion to PASS upon the law gov
erning the extradition of criminals from one
State to another, and we are glad to note that
he places exactly the Interpretation upon the
constitutional provisions regulating the COM
itySbetsTeen the States In this respect which
the DEMOCRAT urged In Saturdays issue in
discussing the action OF Gov. Rice, of Mas
sadkusetts, In the Kimpton case. Judge
LongWorth, whose reputation as a learned
and upright Judge Is national, In the case of
Charles Van Week. an alleged fugitive from
Justice for whom the Governor of Pennsyl-
vania had issued reguisition, decided that
he had no right to inquire into the guilt
or innocence of the accused. but only to de-
termine the legality Of the process, and
whether Che person In custody Is in truth the
person described in thesreuuisition.
This We hold to be the true Interpretation Of
the constitution and the law. In fact, we con-
fess ourselves unableTto see how tt1e'unusu-
ally plain and explicit words of the constitu-
ton can be twisted and turned to any other
meaning. The reasons given by Gov. Rice
for refusing to deliver up Kimpton are GER
taf1lY the absurdes5 Of pretexts for a wanton
disregard of the constitutional command,
which had its inspiration In partisan zeal and
was perpetrated solely for political effect.
We have already denied that he had any
discretion whatever In the matter, and this 1s
|'the view taken by Judge Longworth. This
decision ID clearly based on the provision Of
the constitution Of the United States, to
which 1t entirely conforms. In upholding
this proposition Judge Longworth necessari-
| Iy decides that the direction Of the Internal
comfy between the States, and power Of
legislatng In regard to the extEadition Of pris-
oners from our State to anther, belongs en-
clusively TO the Federal government. The
power to legislate and direct necessarily in
wolves the executive power to enforce the
powers delegated to the Federal a,-
tnorities, and the Judicial jurisdiction to
| inquire into and correct violations of the laws
passed under this general delegation of au-
thority. This process of reasoning leads us
| to the inevitable conclusion that Gov Hamp-
ton Is wrong when he says that the refusal of
Gov. Rice to deliver up Kimpton on his
requsition is violation OF the supreme law
of the land, "rreparable in it's nature, as the
State suffering thereby has no possible re-
Dress The State Of South Carolina has q
redress, and it Is Gov. Hanptons duty to ex-
haust every possible recourse to obtain It,.
His remedy lies in an appeal to the Federal
courts and administration to enforce the
specially and plainly delegated powers con-
ferred by the constitution of the United
States.
It would be an interesting spectacle to see
| tha A. h.,
Federal authority to protect and inforce the
rights Of his State against the contumacy of
the State of Massachusetts see recon-
structed South Carolina, laying aside her
memories of the days of jackson In obedi-
ence to the clamor Of the North, protesting
and demanding protection against the Mas
sachusetts spirit of the days of Madison.
The Dem ocratic party hes been held to a
fearful responsibility for the late civil war,
and It's teachings have been held up as syno-
nym for rebellion. It will be g. queer spectacle
Il the same party which put down the John
Henry conspiracy of 1909 should also assert
the inviolability Of the Federal constitution
of 1873. Here we find Massachusetts actually
MULTIPLYING the constitution itself seventy years
after her first attempt to do so, and against
South Carolina, who is credited with the orig
ination of that schism. This reduces the
'flogic Of events" to the reduCtto dd nbsurd,tne.
1t is reserved to Massachusetts, first and
last, to assert the doctrine of notification.
South Carolina resorted to 1t on the precedent
Massachusetts had afforded her, and under a
Democratic eyangel, but her act was but O
flare and was soon put down by that stalwart
old Democrat, Andrew Jackson, backed by
Martin VanBuren. But Massachusetts sticks
to her original proposition, and now, after
the war provoked by the modified schism Of
secession, actually assumes to nulify, not
| Federal statute based on questionable dele
| cation OF power, but the constitution itself,
This Is virtually the effect Of Gov. Rice's ac-
ton. His action In the Kimpton affair is
nothing less than notification in it's most
fragrant shaDe-a doctrine which the
Calhoun himself was forced to abandon. We
Of the South fell back on the sounder doc
trne Of secession-the right to withdraw
when the Federal compact was violated, as
contradistinguished from the right to remain
Ia the Union and declare null and void any
exercise of Federal power we might conceive
to be outside of tbs authority delegated by
the States AS we have said. it will be o
queer spectacle to see South Carolina insist
| ing upon an assertion, against the contumaey
Of Massachusetts, Of she sanctity of the Fed
eral consultation. Yet this Is just what it is
Gov. Hamptons duty &c do.
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| p0HTpTnM TIT rNT1Tner MI TurpDNoY