The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1878-09-12
Auaessos susglligeltcer,
A REFUGE FOR TnIEYES.
views OF Leading Journals of both Parties
From Me Boston Transcri,,l

From Me Boston Transcript
Governor Rice refuses to surrender
Kimpton, giving only o. conclusion and
carefully withholding the grounds for It
stating only tsss TIC :::e::. Ec:.
III South Carolina does not appear 10 10
for the purpose Of trying Kimpton for
the crime charged against him, but for
different purpose" and therefore with
holding, in his discretion, warrant for
his rendition. In taking this extraordi-
nary course he gives no points, no sum-
mary of evidence, and does not even in.
dicate what that different purpose" is.
Two provisions of the national constitu-
ton have been violated. One provides
that "a person charged in any State with
treason, felony or other crime, who shall
flee from justice and be found in another
State, shall, on the demand of the eyeca-
tive authority Of the State from which he
fed, be delivered up, to be removed to
Another provision declares "full faith and
credit shall be given in each State to the
public acts, records and judicial proceed
ings of every other State" Our Execu-
tive refuses to deliver up person charged
in another State with crime, and denies
full faith and credit to the judicial pro-
ceedings of such State. The case Is ag-
gravated by the consideration that the
party claimed is not citizen of Massa.
chusetts, but lately an agent of South
Carolina. Whatever suspicious or irreg-
.ular action independent nations pursue
towards each other, the States of tliis
Union aio bound to treat each other in
this regard with the most absolute faith
and confidence. Governor Rice's action
is directly in the teeth Of the judicial
decisions. The Supreme Court of the
United States, the final interpreter Of the
constitution, has solemnly held that the
Governors duty is not discretionary but
merely ministerial, ana that he has no
right to look behind the papers presented
Howard, 66, 1867 The Supreme Court
charged in 1869 with swindl;ng and
claimed by the Governor of New Hsmp.
shire. held the same way. e Vroom's
Reports, 141.) We have Governor who
sets himself above the constitution and
law as construed by the tribunals appoin-
ted to construe and declare them. Mas
sachusetts, for this violation of two pro.
visions of the constitution and Of good
faith between States, will have to pay
dearly. She will be paid in her own
coin. The State of South Carolina will,
in its discretion, be tempted to refuse
credit to the documents of State which
denies credit to hers, and the Ponds
Winslows and Chaces, as we'll as other
criminals, can in forty-eight hours reach
an asylum which retaliation is most likely
TO provide.
FFom tas Nau York World.
Section 5,278 of the Revised Statutea
Of the United StnS:aa seems to be the law
foreshadowed in the constitutional pro-
vision:
Whenever the Executive authority Of
any state or Territory demands any per-
son as o fugitive from justice of the Ex-
ecutiye authority of any State or Terri
tory to which such person has fed, and
produces copy or an indictment iounG
nr ON affidavit made before q magistrate
Of any State or Territory charging the
person demanded with having committed
treason, felony or other crime, certified
as authentic by the Governor or Chief
Magistrate of the State or Territory from
whence the person 80 charged has fed, II
shall the duty ofthe Executive authority
of the State or Territory tos.zhich such
person has fled to cause him to be arres-
ted and secured, and TO cause notice of
the arrest to be given to the Executive
authority making such demand, or to the
agent of such authority appointed to re-
4ceiye ahe fugitive, andfto cause the figi-
tive to be delivered to such agent when
ho si.ssi. appear appear
It is not claimed TINT the Executive
authority of South Carolina failed in any
way TO comply with tho terms Of tbis law.
aud, under the Fetlsra, constitution and
st i.ltes, 1t was the dui,, of the Governor
of Massachusetts to surrender Kimpton.
The fundamental law regulating the in
tercourse Of the States denied him the
privilege which Great Britain assumed in
refusing to surrender fugitive under the
eEtradition treaty. He could not CUES.
ton the good faith of South Carolina.
1t is hard to see how any State statute
can make the extradition of fugitive
from justice matter Of discretion In the
face of the law, ~ given above. To
carry such system OF interstate relations
to q logical conclusion would render the
punishment of criminals Ia our commu.
nifty discretionary With the Executive
authority of another, since communities
zion between the States Is &c easy chat o
fugitive with few hours' atart would be
be at an end, State borders would have
TO be guarded and our various comnon-
wealths would be- 20 each other like !se--
eign nations. If Governor Rice In an
oyerizealons anxiety for the preservation
of State rights mud merely asserted that
the surrender of Kimpton was O matter
discretionary with himself, and t;,en in
. the interest ofjustice remanded the pris.
oner to South Carolina for trial, we might
have admired him IA conscientious but
wronghAaded theorist. But wien the
assertion.of the right to exercise his dis.
cretion is followed by the liberation OF
The. kfiaTs, we must regard him as tho
willing friend of q malefactor, the ally or
the plunderers Of sister State, the &C.
Cess0ry after the fact Of the worst knave.
ries of the carpet-lag governments. So
far as the future relation Of the States 10
concerned, the main question is whether
the attitude of Massachusetts, is coustitu-
tlonal. So far as Governor Rice is con.
cerned, it Is no matter whether he had
discretion or whether he believed he had
discretion, since he is accountable for the
use which he made of the discretion he
assumes 60 havo, The revelation OF his
prejudices would rot have been more
startling Il he had Eefised To recognize
Wade Hampton as Governor Of South
Carolina and handed Kimpton over to
Iiia cv,i5oi, Ga s.5s
shat that gentleman was the ds lure Ex-
ecutiye of the PROSTATE State.
From the Boston HTaEs, md.
The decision of Governor Rico refusing
q warrant for the rendition oe Hiram H'
Eimpton on q arequisition from Governor
Hampton, Of South Carolina, is based on
fItss'es 49,