Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-01-24
THE ARREST OF JOHN B. KINCAID
Legal Questions in Regard to His
Arrest Discussed.

to the arrest, in Missouri, of John b.
Kincaid, by the agents of Tennessee,
for murder committed in Claiborne
County, Tenn, in 1865, and his res
cue by his Missouri friends, and the
revocation of the warrant by the
Governor of Missouri, I ask space
III the columns of the CHRONICLE to
discuss the legal questions suggested
by the peculiar circumstances Of the
case, as it certainly presents ques-
tions Of law of vital importance, not
only to Tennessee, but as to the
comfy between the States, and their
relations and duties to each other
and responsibility to the general
government.
These questions of law will be
better understood and more intelli>
gently discussed by statement of
the facts, about which there can be
no controversy, and which are as
follows:
John B. Kincaid stands indicted
in the Circuit Court of Claiborne
County, Tenn, for the murder of
David Cawood. CAS- to the fendish-
ness Of the crime, although we
know something yet we pass that by
and as to Kincaid's guilt that is a
question to be tried by competent
and honest court and jury when he
is brought back and arraigped fer
trial. He fees from Tennessee and
takes up his abode in the State of
Missouri, when after an intervene of
II years, his whereabouts become
known. He thus becomes in law
fugitive from justice from the State
of Tennessee. The Governor of
Tennessee makes requisition upon
the Governor Of Missouri, for his
arrest and appoints Henderson
Rogers, the agent of Tennessee. to
demand Kincald and arrest him and
transport him to the proper author
tiles of Claiborne County to answer
the charge of murder there standing
against him. The executive If
Missouri honors this request
and issues his warrant
to said Rogers as the agent for the
arrest Of said criminal. The agent
thus authorized makes the arrest,
and starts on his way to Tennessee
with his prisoner, when the friends
OF kinca,d come ont and stop Linn,
aud demand OF the Governor Of
Missouri q revocation of the warrant
Ior Kincaid's arrest, which he grants
and calls IN his warrant, and thus re
fuses to turn over to Tennessee, or
to her authorities, a man charged IN
one Of her courts with the high
crime OF murder.
These are the facts, now what is
the law?
Section $40 of the Code of Ten
nessee provides:
the Governor may appoint an
agent TO demand of the executive
authorizes of any other State or
Territory, any fugitive from justice,
or person charged with treason,
felony or other crime in this State"
Now, this is exactly what was done
in this instance, and for the Cover.
nor of Missouri to refuse to deliver
up the criminal is not only disre-
gard Of the rights of the State of
Tennessee, but a clear violation Of
his duty, as will be seen by section
5279 of the Revised Statutes of the
United States, which is as follows:
Whenever the executive authority
of any STATE or Territory demands
any person as fugitive from justice,
of the, executive authority of any
State or Territory to which such per-
son has fed" (this we suppose will
include Missouri), land produces o
copy Of an indictment found or an
affidavit made before magistrate of
any State OF Territory, charging the
person demanded of caving commit
ted treason, felony, or other crime,
certified as authentic by the Governtr
or chief magistrate OF the State or
Territory from whence the person so
charged has fed, it SHALL BE THE
DUTY" (this is the voice of the United
States addressed in this particular
Instance to Governor Crittenden) "of
the executive authority OF the State
or Territory to winch such person
has fled, TO cause him to be arrested
and secured, and to cause notice of
the arrest 10 be given to the execu>
We authority making such dema d,
or to the agent Of such authority ap-
pointed to receive the fugitive, AID
to cause the fugitive to be delivered
to such agens when he shall appear"
| quot to take the fugitive from such
AGENT.
Now, we insist, with the statute
Of the United States before us,
and as our authority that not only
did the Governor of Missouri, in re-
flu ing to deliver up Kincaid, dlsre-
gard the rights Of Tennessee and fail
to do his duty, but he actually vio>
lated the statutes Of the United
States, which required Of him not
only to arrest the fugitive, but to
cause him to be delivered up to the
agent Of Tennessee. But Governor
Crltteaden not only failed to do this,
ou6 he became an accessory, after
the fact, to the murder with which
John kIncaid is charged, if Klncaid
be guilty when he turned him loose,
Not only this, but let us see what
S 5279 OF the United States statut s
says ON rescuing: Every person
who, by force, sets at liberty or res.
cues the fugitive from such agent
while SO transporting him, shall be
fined not more than $500 or impris
oned more than one year. How
much did Governor Crittenderl mss
violating this statute when he lber.
ated John B. Kincaid .by force" O
his official powerg Not only this, but