The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1878-09-05
VOL XIV---NO. 8
TaE K1MpyON ExTRADITION CASE.

OF Governor Hampton, involve principles
and facts of so much importance that we
take from the stenographia report of the
Boston Advertiser such passages as show
the position Of Attorney General You
mans. the leading counsel for the State
of South Carolina.
Ii opening Attorney General Youmans
said that he could make his argument as
brief, as compact, as conclusive rs Dean
Swift's famous charity sermon: 9He that
giveth to the poor lende:h to the Lord.
If you like the security, down with the
dust" His text would be the fourth
second section) and sixth articles Of the
constitution of the United States, and the
argument on that text would simply be
that there is no more TO be said. Inde,
pendent of evidence, independent of
rhetoric, independent Of statements of
fugitives, he etood there on the constiGu-
ton. $50. d.t,.
''The constitution is the supreme law
of the land it is the @gis under which,
from one end of this country GO the other,
rights, liberties, property and everything
that men hold dear or sacred rest. 4 At
does not belong to Massachusetts, or to
South Carolina, but it extends from the
ice.bound regions of the North to the
the northern snows where the trapper
hunts for his game to where the Mexican
Gulf rolls, and from ocean TO ocean, from
the ocean that roars to the ocean that
sleeps, outlines drawn by the finger of
God for the residence of q giant people.
Strange, passing strange, pitiful, won
drous pitiful, and yet tits true shat am:
required by the line of argument which
has been adopted, required iu the home
of the Adamses, of Sumner, Of Webster,
to make plea for the supremacy of the
constitution Of the United States of
America over the laws of any State.
Well, can any doubt as to its true con-
struction7 Nice distinctions may be in
troduced as to when the word may
means shall, and the word 'shall' means
may; but in Cooley, In Sedgwick, in ell
the text books, it will be found that the
words of the constitution are mandatory
and Imperative 1t does not leave it in
the discretion Of the Governor, it does
not leave it in tho discretion of council.
The constitution, the supreme organic
law of the land, on which our rights and
liberties rest, speaks with the voice Of
authority: aud says, as 1t has right to
say, 'shall:'" ..s'
Mr.. Youmans, in support Of his posi-
tion, quoted fancy, Story aid Kent as
the highest a priori authority "a to the
| proper construction of the constitution,
and "every time, in every court anywhere,
without exception, the courts have 5us-
tanned the construction nut in advance
by Story and by Kent upon this clause of
the constitution" Continuing, he said
u do not come here for the purpose Of
getting Afr. Rimpt0n as aUitness. I come
here, bearing this requisition, to carry
MIR. Kimpton back to South Carolina fer
his trial for @ crime. I come here in
obedience to the mandate OF the Execu-
tive of South Carolina, dated August IS,
in which he says;
MY Dear Sir: AS deem it of inn
1 portance that you should represent the
State in the matter of the feqaisieion foFf
! II. II. Kimpton before the courts in Mas
sachusetts, l request you will go on at
] your earliest convenience. I hope that
| you will press for an early decision, and
that you will urge upon the authorities
\ OF Massachusetts prompt compliance
with this requisition.
| every respectfully yours,
| WADE HAMPTON, Governor.
"Hon l.. T. Youmans, Attorney Gen."
| THAT is why 1 came on, and that is
what came for, and the statement that
| this is an abuse of civil process, that this
is to carry out an agreement, that this Is
degradation of process, that this is for
any other purpose than in fair, open,
| frank, good faith-those statements are
all false. There is not one particle of
| evidence to support them. intend to
take up that mass which has been brought
before you and briefly to dissect it, and
4 - -
| lsfaction and to the satisfaction of his
Excellency the Governor, and to the sat
| isfaction of every reasonable mind, that
not only has there been no bargain, not
| only has there been no attempt to abuse
| process, but that the conduct of Governor
Hampton throughout this whole matter
has been fair open, square, noble. kind,
| generous to the .fugitiye who begged the
interpOsition of the President of the
United States in his behalf, and say the
evidence demonstrates it, ana that the
statements to the contrary are false
What matters it whether he testifies in
the bond cases or not? BY their own
statement we could have got his testimo-
ny in New York. Why was it we did
not arrest him. we were asked, in New
York; 1t was, as my friend Judge Alb
bott said, that the State of South Caro-
lima Under her present regime, and with
her present authority, regards its piighted
word as strong as human obligation can
make it. II was because the faith of the
State had been pledged to him for fifteen
days that he was not arrested. The
pledge was carried out in good faith
My friend quotes from Lord Mansfield
and l will quote from him, too. Justice
Is all we want-..fat .jststitia rpdt czyssD,.
Now, good deal has been, said about
these bond suits, and an atsenips ha.
been made to obfuscate your minds lJy
tho looso and reckless assertions az c0tfS
sci. Whom these gentlemen talk abol
questions of constitutional law ws hey,
seen that they are entirely at sea. WheI
they talk about principles of muninipa
Law their doctrines need only to be STATED
to competent legal authority.to be refu
ted. But when the gentlemen talk abou
South Carolina politics and the Soutl
Carolina government and the South Car
olina bond suits, they talk about some
hing not only of which they know meth
ing, but of which they can be:expectet
to know nothing. Now, SIR, good dea
has been said about the bad faith o
South Carolina. From the time of re
construction until that momentous eloe
ton IN 1875, which reenltad in sha laiaa
Of the distinguished gentlemah who "a
here yesterday and then left, Mr.. Cham
berlain, and who comes back to lTassh
chusetts to traduce and slander his polit
ical rival who had been victorious owe
him IN the hearts OF Republicans, in th
hearts of Democrats, and in the heart
of blacks, aid in the hearts of whites