Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-01-29

caid, was recently issued and a res
QUESTION made upon the Governor
of Missouri for his arrest and deliv> i
cry. Governor Crittenden issued |
the warrant but afterwards dlrec,ed |
that it be returned without execu
ton, whereupon the following core
respondence ensued:
EXECUTIVE DEPARTMENT,
CITY OF JEFFERSON,
january 8, 1882.
To His Excellency ALVIN HAWKINS, Cover
nor of Tennessee
SIR: Your Excellency's requisition de- !
manding the rendition of John Kincaid and
Thomas W. Smith upon the charge of muir
der said to have been committed by them III
your State was received on the 18th inst. by
the hands of Henderson Rogers, the agent
of the State of Tennessee named in the
requisition. Upon its receipt l at once Is
sued our warrant, commanding the arrest of
the said Kincaid and Smith and their deliv-
cry to your agent.
For reasons which appear sufficient have
to-day directed a revocation of our warrant
and its return to me without execution until
such time as l may more fully investigate
the matter.
The murder is charged to have been COM
mitted in March, 1865, before the close of
the war, by kincaid and a number of others
Such charges ought to be closely investi-
gated before persons are taken from State
to State to be tried upon them.
[ know that your excellency will fully APP
preciate my feelings in this matter, and Will
grant me such assistance as you can in de-
termining the animus of the pros
ecution. To this end l have to
request your excellency to make
such special enquiry into the particulars of
the killing, including the surroundings of
the war, &c, as to your excellency may
seem proper.
l will do everything in my power to
arrive at such facts as may be obtained
here, and will communicate to you any
facts l may ascertain.
With sentiments of esteem I have the
honor to be your excellency; ob't. serv't,
THos. L. CRITTENDEN.
GOVERNOR HAWKINS REPLY.
EXECUTIVE OFFICE
NASHVILLE. Tenn,
Jan. H. 1882
To His Excellency, THos. T. CR1TTENDEN.
Governor of the State of Missouri:
DEAR SIR: Yours of the 9th inst, in
forming me of the issuance of your warrant,
| commanding the arrest and delivery to the
agent of the State of Tennessee, upon nv
requisitiOn of John Kincaid and Thomas
W. Smith, charged with the crime Ct
murder in Tennessee, and of your subse
quent action, directing revocation of your
warrant and its return to you without ex-
ecution, until such time as you may more
| fully investigate the matter has been re-
| ceived and respectfully considered
| You say ''the murder is charged to have
/ been committed in 1865, before the close of
| the war, by Kincaid and a number of
/ others, and then you add, ''such charges
ought to be closely investigated before per
| sons are taken from State to State to be
/ tried upon them" You also request of me
! that make such special inquiry into the
/ particulars of the killing, ''the surroundings
! of the war, ETC." as to me, ''may seem
| just and proper" and you say you will do
/ everything in your power to arrive at such
| facts as may be obtained there, and will
communicate to me any such facts as you
| may ascertain.
| In reply [ beg leave most respectfully to
/ say L know of no authority, and presume
| there is none to be found for the proposed
/ investigation, by the executives of either
State, or for making your action in the
| premises dependent upon the result of such
Investigation, when had
Section 2, Of article " of the Constitu
ton of the United States, provides, among
other things, "A person charged in any State
with treason, felony, or other crimes, who
shall flee from justice and be found in
another State, shall, ON demand of the exec
| utiye authority of the State from which he
| fled, be delivered up to be removed to the
State having jurisdiction of the crime"
BY act of Congress of February r. 1898,
it is among other things provide '"That
whenever the executive authority of any
State in the Union x shall
demand any person, as fugitive from JUS
tlce, Of the executive authority of any such
State to which such person shall
have fed, and shall moreover produce the
copy of an Indictment found or an affida-
Wit made before a magistrate of any State
as aforesaid, charging the person
SO demanded with having committed treason.
felony, or other crime, certified as authentic
by the Governor or chief magistrate of the
State from which the person SO
charged fled, it shall be the duty of the ex-
ecutlve authority of the State to which such
person shall have fed, to cause him or her
to be arrested and secured, and notice of
the arrest to be given to the executive au-
thority making such demand or to the
agent of such authority appointed to receive
the fugitive, and to cause the fugitive to he
delivered to such agent when he shall APP
pear"
Under the authority of these unambigu-
GUS and mandatory provisions of the Consti-
tuition of the United States and of the acts
of Crngress, 1, as the Executive of the State
of Tennessee, have demanded of the Exec
utive of the State of Missouri the arrest
and delivery to the agent of the State of
Tennessee, of Kincaid and Smith, charged
by indictment with the crime of murder in
the State of Tennessee.
/ l must confess that, with my conception
of the duty Of the executive authority of the
State of Missouri in the premises, l am I'M
| able to appreciate the reasons assigned by
! you for your action in directing a revoca
! ton of your warrant and its return without
execution. l know nothing of 'fhe particu-
lars of the killing or of the dnimus of the
prosecutions, and must most respectfully
decline to enter upon the unauthorized in
veslgation suggested by you. and most re-
! specially but earnestly assure your excel
lency that the State of Tennessee will ex-
pect at the hands of the executive authority
of the State of Missouri prompt compli-
ance with the requirements of the Constitu-
ton and the acts of Congress before referred
| to.
Please inform me of your determination
at your earliest convenience
have the honor to be your most obedi-
ent servant,
/ Arv H.x, n