The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-16

me q sufficient justification of my re-
fusal to surrender Gensberger. | would
content myself with a respectful ac-
acknowledgement of yours of the 23d,
adding that it had not shaken my con.
victions of duty nor changed nay pun
pose; but for the fact that it was
given TO the public through the press
before it had reached me, and being
thus public criticism of my official
conduct, | am constrained to set the
public right, since that tribunal has been
appealed to.
In the first place, you will excuse me
for saying that there is nothing in my
letter warranting the assertion in yours
that ! assumed the position" that the
Governor of Missouri had invoked the
power Of the process (requisition) for
the collection OF debts. My letter speaks
alone Of the purpose for which the
Irequisition was sought,and of the motives
OF those vino sought and obtained it.
You recognize the propriety of guarding
the State Executive against imposition
by those actuated by one purpose, whilst
protesting another. You require pre-
| iiminary showing before granting the
demand lest it might, though preserving
the forms of law, be perverted to private
and unlawful ends You are not con-
tent with the finding of grand jury.
If your EXcellency will take the
trouble to read my letter again you will
find no insinuation, much less the charge,
that the Governor Of Missouri was Il
party to conspiracy to collect debts
under color of the extradition process.
You do me great injustice to impute
such intention to me.
Again YOU leave it to be inferred that
| based my belief and proceeded to act
on the letter Of Messrs. Tut & Co., OF
the - of November, 1882, addressed &c
Gensbercer alone. / stated that the let
ter Swallowed forth the design of thu
writers to extort their debt by threats
and the use Of criminal process, but il
the same paragraph in which the design
is imputed, also state that there was
ample evidence from other reliable
sources of the existence Of such design
and point them out.
/ receive the advice and instruction
which your letter is supposed by the pres
TO administer Though it may not hay,
been intended to wear that aspect Will
the hope Of profiting by it. ] may safe
! " take the precaution which your Tx
cellency has wisely instituted to proven
the abuse of the extraordinary process
Of extraditi0n, as evidence that sue
5 abuse prevails, and as the remedy 10
| the evil. Indeed the author whom yo
: quote with implied appreciation, admor
I ishes us that "the criminal charge may ,
1 that of false pretense or embezztemen
7 and the objeci of the extradition sough
!. may be to compel the party to retur
: the property, or pay debts Us conditio
, of not being prosecuted on the charge
0 The Supreme Court OF the Unite
!, States, speaking Of the duty imposed b
{ the constitution, said "Where the d
s mand is properly made by the Cover
d or Of one State upon the Governor
another State, the duty to surrender
X not absolute and unqualified. 1t q
IS pends on the circumstances OF the case
s. Among the circumstances winch q
e held not Only to justify, but to demar
il a refusal to surrender, are those Whit
y show that the demand was not soug
Al and obtained Sin good faith, but simp
Is trickery under the forms Of law, and
a. such case they would not be entitled
respcct The Governor to whom t
requisition is addressed not only yiolat
no requirement Of the constitution D
s. discharges an important duty IN rell
Inc to comply with it." This is the Ia
ID 1uage of Spear on extradition to viii
J., book YOU kindly refer me for inform
j ton as to our duty.
" IF your Excelency had been furnish
ia, with proof that the purpose In SEE
re, inc the requisition twas toextort none
GO ! feel assured that you would have q
regarded the affidavit of the belief
- the prosecuting attorney, as you are p
he pared to disregard the finding OF
he grand Jury in proper case; and WI
q. let me ask, shall the Governor who
~ asked to put this cruel oppression!
IN force apainst a citizen of Misslssll
en- mot fugitive from Missouri) ano
he whom the exposure is made OF coy
"A design to abuse the process for priv
~ ends, be debarred from considering
eg- II is delicate duty, but is one VIII
!, a ought not to be on any ground eVad
ar Ii has been said Of extradltlon proc
.bo as a means of collecting debts, that !
' the "short road to the result" 1t
been thus used and will so be used ag'
lily I think may fairly complain that y
the Fxcellency has assumed that my lei
n, admits the commission Of a felony
!" Gensberger. Ny meaning is plain, t
SIS the prosecutors are willing to compo'
sgi- the offence they charged, and the
md pestion was made as reason for disc
III Ting them as men seeking to supp
49, crime.
yer, In such a correspondence as this !
he hut express my regret that your Tx
zeal lency should have been so imposed u
I'M "a to believe, and my surprise that
'no representations should have betra
best YOU into making the calumnlous CHI
nan That \ numerous class" of persons
1rh Mississippi have been engaged m
frauding the merchants of St. Louis
Wy Above all things let me, enJoin !
ugn your Excellency how much an ecu
the temper smoothes the way TO wha'
ned call a "good understanding
the IN i, y ha ny mon INV reouisi
issued your warrant for the arrest
delivery TO the designated agents
}. q this State, one Harrison Page, cha
J;ay 80 ~, ,,,r;,on of murder. | beW to