Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1878-10-23
THE Comfy or STA TES.

he COuiI VT % Il 10.
Massachusetts, appears to decided
disadvantage in the recent controversy
between her State authorizes and those
Of her old opponent, South Carolina,
in the matter OF the demanded return
Of the refugee Kimpton, from his hid
ing place in Boston, to the authorities
of the law against which he had offend.
ed. He is charged with henious of.
lenses in the history of the infamous
misrule in South Carolina proceedings
have been begun against him, an in
dictment hangs over his head, and on
ly his flight to Massachusetts saved
him from trial for his offences lnas-
much as the Constitution OF the Uni.
ted States declares that every State
shall give full faith and credit to the
judicial proceedings of every other
State, and that fugitives from justice
into any State shall on demand of the
executive OF the State from which they
fled be delivered up to tho State hav-
ing jurisdiction OF the crime, and as
the courts Of the land have decided
that every person thus fleeing shall be
delivered up without even an inquiry
into his guilt Of the crime with which
he was charged, il was quite natural
for the South carolina authorities to
expect that their demand for the re.
turn of Kimpton would be promptly
honored. Massachusetts has affected
such regard for the law oil the Union
she has so proudly claimed that the
war was successfully fought to uphold
1t nay, she has 80 bitterly chided
South Carolina for her failure to OBJ.
serve it that there was no fear that this
paragon ofcorreot conduct would make
her commonwealth a sanctuary for the
fleeing thief, and even so widely ex.
tend her sheltering arm about him as
to violate the Federal Constitution in
the act.
Governor Rice and his Attorney
General claim TO have discretionary
power in the matter, and exercise it to
refuse to deliver Kimpton to South
Carolina and release him from deten-
tion. He goes unwhipt of justice, be-
cause the Massachusetts, Governor de-
fies the Constitution and spits upon
the comfy OF States. Even coneeed.
ing his discretionary powers, his abuse
Of them is manifest by his own comics.
sion His best reason is that kimplon
was not prosecuted for i've years. al
ter his alleged ofiense, and that he ia
not really wanted Tor the purpose Of
the indictment against him. The rea-
son that ho was not sooner indicted is
that his friends and associate thieves
had in the meantime all the machinery
Of South Carolina justice in their hands.
How can the Governor of Massachu-
setts know, or what right has he to sus-
pect that he is wanted for any other
purpose than that which regularly APP
pears in the proceedings against him
on which his extradition is demanded
The Massachusetts, Governor has no
discretion, no power but TO obey the
Federal Constitution. His duty is thus
expressed by Chief Justice Savage, of
New York, in the case of Clark, re-
ported in 0 Wendell, 1l9 Every per.
son who is charged with an offence in
any State, and shall fee to another
State, shall be delivered up. 1t is not
necessary TO be shown that such person
is guilty, it is not necessary, as under
the comfy of nations, to examine into
the facts alleged against him as consti-
tuting a crime; il is sufficient that he
is charged with having committed a
crime"
The "higher law" set up by Rice is
that his authority shall be the protec-
tion and his Commonwealth the refuge
of thieves from other States. There
may they find sure and safe retreat.
By this act he breaks down between
Massachusetts, aud her sister States
that comfy which the Constitution
enjoined upon them. He overridcs
the supreme law of the land as il has
been affirmed by its highest tribunal.
He originates policy that if carried
into effect would establish interstate
relations scarcely less courteous than
those existing between hostile nations,
and he would create the necessity for
every State to guard her borders lest
her criminals might gain impunity by
crossing over them. |
These chickens may come homo to
roost. Massachusetts, nowadays fur
nishcs about as many criminals to the
square inch as any State in the coun-
try, and just the kind of sleek rascals
that can evado her justice beyond her
own borders Let her sister States re-
fuse to her the privileges she has de-
MED South Carolina and give to her
authorities, claiming the return of her
flying criminals, the same answer that
Governor Rice sends Governor Hamp.
ton. 1t will not be long before VIC will
hear Purtanical howl for the "comi.
ty OF States and Massachusetts, will
vigorously appeal to the Constitution
for which she has always SO little re-
gard save whom it can be enforced to
her own advantage.-Ldncaster Intel
ligencer