The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-09

10 His ExGelleDcy, Robert Lowry, GoVe.n7
Or OF Mississippi :rs11l-'- a7a~'
SRI am in receipt of your letter of
the l4th inst, in which you say: 'Since |
my induction into Office have observed |
several instances, where the charge was
obtaining goods under false pretences, a
manifest disposition to abuse the process
of extraditiOn. This process is provided
for a given purpose and no other, and
when it is sought to be used as an engine
for the collection of Il debt it dwars in
TO an instrument for the accomplish
ment of personal and private ends"
Your letter is so dignfied and courte-
GUS, and its utterances so respectful,
that reluctantly dissent from the posi-
ton you assume-that ] have invoked
the power Of the process "for the collec-
ton of debt" In this, permit me to
say YOU are in error. In my opinion II
is power of such dignity that its force
should never be called into demand ex-
cept as an auxiliary to the administra-
ton and enforcement of the criminal
laws; and even then the crime should
be a felony. Before issuing a rcquisi-
| ton upon the executive Of another State
| require the prosecuting attorney ask
ing for it to make an affidavit that he is
familiar with the evidence and believes
that in the event Of trial the accused
will be convicted; that the party ac-
cuscd Is Il fugitive from Justice; that
the object in seeking a requisition is not
to collect debt, or afford the agent an
opportunity to travel at the public OK
pen5c, or to answer any private end.
Under no circumstances will permit
this process 50 necessary to the pres
ervaton Of interstate comfy, to he
abused or used for personal ends
by any officer of this State. Its OK
istcncc is based upon principles un-
der which the thirteen colonies, then
acting as sovereign and independent
States, established a firm league Of
:. friendship and perpetual union will
each other deemed necessary in the in
tercst of public justice"
The application for your warrant il
this case is based upon an indictment
l. properly found and certified under the
laws of the State, returned by duly
empaneled grand jury, into court OF
competent Jurisdiction, and founded
upon legal and competent testimony
i The prosecutions thereby placed beyonC
4 the personal control of the party injured
: and abides exclusively under the contro
+ of the court and State whose laws hav
= been violated by the offender. ..'
\ If correct in this position, which | pre-
sumo you will not deny, then the contro
versy il no longer personal between tn
!. doGraudcd creditor and dcfrauding debt
y or but is between the State of Missouri
and the fugitive who has violated he
. laws. The indictment being so ccrhtict
~ becomes an authentic record of a State
/ and is entitled to full credit in any othe
d State, in the Union under the Constitu
4 ton Of the United States, and should b
i received without the suspicion or charg
- OF u concealed purpose, 'or for the at
L complishment of personal and prlvat
t. e1ds."
r May assure your excellcncy that
FULLY appreciate these words, contalne
II il your letter of the l4th inst: 81 thin
l. your eNcellency will fully agree with m
is that proper regard for the security O
4 personal liberty would be wanting in al
executive who would permit the cxtra
dition of citizen of his State, not for
violation of law but inability to pa
debts" If Inability to pHy debts wer
the charge in the Indictment | thin
your refusal to recognize the deman
would have been Just and proper, s
V such an Indictment would not only |
unauthorizedrby the law Of this Stat,
d but would be against the common sent
m mept Of mankind. The charge is 0btail
N ing goods uudet false pretences, in
~ that under the laws Of Missouri is +
&c lOnious act and q sufficient cause for a
" Indictment; and upon that charge, an
le that alone, the Indictment was foun
81 and the requisition made on your exec
re lency for the offender. u.
: presume you do not question Il.
~ the ottenceis felony and indictab
y under the laws of Missouri; and til,
y being concededt'it is the right" as sa
u, in Sd Nroom, l4l, sof the sovereign
y whose laws have been violated to decit
u what offences 10 will pursue, and Il
Y, State upon whichathe demand is ma,
y cannot rightfully call in question til
NI decision. "a Should 1 concedev you t
4" right, under the law, to Question t
y honesty and purpose of the criminalpl
y, ccdure in this state against thefugitt,
~ even then the demand for Gensberger
- not without n legal support. In the eli
y of Work VS.. Darlington, 81 Ohio Sta
va Rep. 40, lit is said: ."Still when mon
J. has been cmbezzled or obtained by fa'
tp pretences, the offender is not likely to
w brought to justice unless the injur
~" ,ns party proseoutes; and steps to obtain
~ restoration of the money are not inco
Law patiblc with measures to secure the &
,no victon of the fugitive. The duty of t
VI Governor in cases of that class is, the
Wv fore, one of great delicacy; and all Il
W. w | have said as to his authority in ref
.a ~ ing to issue or obey rcquisition or
, ~ revoking warrant, has relation to ca
III where there is no real intention to pr
1O' ecute criminally if the money demand
,o, satisfied" Ii place the right constr
,as ton upon that opinion, steps taken
sr obtain restoration Of the money c
Wv, III bczzled are not Incompatible with me
, ,b,. ures TO secure the conviction of the fl
Wv, w.. tive. | am assured that the follow
W, Wv letter is the only one written to
NJ fugitive by ID. q. Tut e. Co., touch