The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-10-09
THE KIMPTON CASE.
A SUBJECT OF GREAT INTEREST IN
THE NORTH.

EEOw Gov. Rlce's Action Assists the Demo
cratic Canvass~-Ht IL Criticised AS u.
logical, Contrary to Usage, Lacking II
Courtesy, ana Observation-Disclosures
of Attorney General Devens AM
others.
Especial Correspondence Of the Democrat1
WASHINGTON, October g. 1873.
The correspondence between Cows. Hump
ton, Of South Carolina, and Rice, Of Massa
Chusetts, on the subject of the thief KmptDn il
rapidly becoming the leading topic of interes
inpolitCnl and legal circles up here. In view o
the circumstances the case becomes invested
with peculiar political Significance and Rice'e
action in using his powers as o Radical State
executive TO protect
FUGITIVE RADICAL FELON
from process of Justice has already been uset
with effect in Democratic speeches In Ohio.
Pennsylvania, New York and New England
have to-day conversed with several promi
nent Republicans one Of whom Is high law
officer Of the government, another actively
concerned In the management Of the cam
paign, and third % distinguished iurist now
on the bench OF one Of the Federal courts
Attorney General Devens very naturally de-
Clines to express an opinion now, in view OF
the fact that, in case Gov. Hampton pursues
the matter to o test before the Federal al1-
thorities it may become his duty to advise the
President in his official capacity. Gen. Devens
says simply that hitherto tho practice of
requistion and surrender of criminals has
almost entirely been governed by
THE DICTATES or INTERSTATE COURTESY
and by the common desire of oil to promote
rf
when disputes have arisen In such cases they
have generally--in fact, uniformly-been
settled by the courts Of the States under the
operation of habens corpus, so that there is
apparently no exact precedent for the pending
case
It is evident from tho manner Of Gen. De
VEINS, rather than from what he Is willing to
say, that he does not regard Gov. Rice's ac-
ton MS based either upon sound principles of
Jurisprudence or upon good grounds of expe-
diency He could not hazard any opinion as
to the methods which could be followed by
Gov Hampton in seeking redress or remedy
OF the hands of the Federal government, but
there was no doubt that the power to arbitrate
In this, MS In any other conflict between States,
resided in the Federal courts. The whole
tenor Of
GEN. DBvENs' GUARDED OBSERVATIONS
WAS that the case Is substantially q new one
and that 1t may, Ii followed up by the in
terested parties, give rise to grave questions
as to the, rights Of States and as to inter-
State comfy.
The prominent Republican politician with
whom cOnversed said that the behavior of
Rice was deplorably il-judged and calculated
to furnish the Democrats with unlimited sup
plies of their favorite ammunition.
,p4,,
upon it, said this gentleman, 'is that Gov.
Rice has strained his powers aud warped the
customs OF the country to shield an accused
person from arrest because of party at1iia-
lions. Such 2 construction can easily be
borne out by the Appearances, and have no
doubt 1t will hurt the Republican cause.
Moreover" said he, Exemption Is o carpet
Dagger, by all accounts one OF the worst oil an
exceptionally bad lot and the Northern
people have no patience with the carpet
baggers anyhow. I very much regret that
Gov. Rice look the course he did. And I am
very much disposed to think the whole affair
was fixed up by the Democratic managers
Tor political effect, anticipating just what has
/ said | thought nothing of the kind, and
called attention to the fact that the matter
had eliminated IN due and ordinary legal
course, without
ANY INTERVENTION or POLITICAL MANAGE"
MENT.
w GIL, Shiu u6, IL iblCS would leu Un6 fflGU-
tor drop, or II he hadn't rushed into print q
second time, public attention would not have
been 80 specially directed to the affair. But
Rice is excessively vain and couldn't resist
the temptation of airing that little retort
about the sarcasm involved In the spectacle
OF South Carolina lecturing Massachusetts
on the subject of the constitution. In short,
Rice, as everybody understands who knows
him, Is a. stuffed ass and has made q bad
political blunder."
known T
Only by reputation, which is enough. I
have never believed it to be good party policy
to. defend or extenuate those thieves or their
crimes. We have lost immensely by it. We
when we had 1t. The North was solid then,
or substantially SO, and the carpet-baggors
were always useless supertluity In Congress.
Through their bad behavior they not only
lost their own seats, but lost the party enough
strength In the North to turn the scale. There
was never worse Investment than that the
Republican party made In the cnrpet-baggers.
1t seems we are never to hear the last Of it,"
Revolving these remarks over In my mind,
! betook myself to the domtcile of
THE EMINENT JURIsT BEFORE MENTIONED,
and, after the customary prellmlnaries asked
Massachusetts had to say to the Governor Of
South Carolina"
"Yes, I have"
"What do you think about it?
tlt!ih oLAC WIblS VI NON, htCS . Ut-
hayior ill-advised. The practice of requsitiop
and surrender, as applied to fugitive crimR
nails from one State to another, Is one Of the
most important features Of our system of
jurisprudence, and is not to be tritIed with"
After some further talk to the same purport,
showed the Judge a copy OF the DEMOCRAT
of Sunday last and called his attention to the
editorial on the subject under discussion. He
read 1t attentively and then said:
Il suppose Judge Longworth's decision was
made thA Of
the case came before him on hdbens corpus, as
the rule is He could not have taken cogni-
zance OF such a case In any other way. 1t
frequently happens that the Governor of
State grants the request embodied in a reuul-
sition, and then the papers constituting the
application for writ Of habeas corpus. N In In
the case of Van Week, cited here, Gov. Bishop
must have complied with Hartranft's requi-
sition upon the face Of the papers, and then
the prisoner must have applied to Judge
Longworth fora
WRIT OF HABEAS CORPUS.