The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-04-17

thlng.-American Law Journal, n. S
State legislation cannot interfere
Grigg VS.. Commonwealth 16 Peters
and 81 Wendells 1913.
1t is of course quite obvious that
the states cannot add to the conditions
specified in the act of congress,
MOB RELEASE THEIR EXECUTIVES
from the duty which it imposes. They
cannot in any way nCr to any extent
contravene or clog or embarrass the
execution of the act of congress.
Hurd page 635. 1t is the duty of each
state and all officers to surrender the
fugitives if the requisition is in due
form, whether there be legislation or
not, AZ Texas Reports 1877. State
may aid but cannot clog, Bishop Grim |
Procedure vol. l, page 223. So it will
be found in all the cases cited by you |
when the question has come before the
courts the uniform rule has been laid
down that any rule or legislation con-
travening or adding to the machinery
or impeding the surrender under the
act of congress and the constitution
have been held to be utterly void.
lneeed the rule is so fundamental
and automatic that when a
subject matter is provided for
IN the federal constitution. After
congress has legislated upon it that
any legislation adverse thereto by the
state is utterly void that it had not
occurred to me that any executive
would now contend for a different
rule, and hence refusal to extradite,
based on the reasons assigned by your /,
excellency in brief note Endorsed on
the reqnisition. without further ex- ;
PLANTATION, was regarded and treated :
by me as disre5pectful to me and the :
people OF the state represent. The
day after l received this denial, your =
telegram came asking me to order the ,
sheriff to hold Clark until your requi- :
sition reached here. This l had mol
lawful authority to do, and so wire1 .
you. 1t never occurred to me, how
ever, to cause Clarke to be released. l l
simply allowed the law to take its
course, intending to honor your requi- y
5ition, if in due form, notwithstand- a
ing your declenSiOn In the Carroll e
case. Having reason to leave the cap Z
ltal few days l signed a warrant a
for the surrender of Clarke, and di- 4
rected the secretary of state to exam
me your requisition if it arrived in Y
my absence, and if found to be in due y
form, under the constitution and act
If congress, to deliver the warrant to
your agent, which was done, and the T.
prisoner is now within the jurisdic-
ion of Louisiana, f
You say that you shave not shield v
I'd criminals" Certainly this charge =
has not been made against you F
The facts are, however, that o.
Carroll stands charged by legal e
Indictment in this state of a felony !,
hat a requisition accompanied by a T
July certified copy of the Indictment, 81
Ill in due form, and in compliance Il
With the constitution and act of con- h
ency, and you declined t. eXtradite 81
him, for reasons unknown to the con- RI
the act of congress and the r:
ettled judicial construction placed on r.
hem. 1t is not for me to say whether h
Carroll is criminal or not, but these Ic
ire the facts. You had the undoubted r
to withhold the warrant of a
# arrest, if it had been brought to
'our knowledge, in any shape entitled NJ
o credercc, that the real object in n
eeking CAROLS return to Texas was a
or any ther purpose than a vindica- n
ion CT a violated criminal code. But II
or our eXcellency to assume this, as II
ppeared to be the case, was eXttraor- ir
linary, at least. If in my telegram st
nd letter exhibited some irritation, h,
was from an extreme jealousy of II
nd for the integrity and honor of the h
'9ople of Texas, and since your very r
rank; full and candid denial of any n
Intention to be disrespectful or offer al
ng any insult to this commonwealth, in
regret that 1 felt called upon to be a
o pointed and sharp in my criticism W
f your course, and sincerely regret h,
hat anything has occurred calculated "
o disturb the close relations and
that has always existed be-
ween the states of Texas and LOUIS W
ana, and which trust and hope will
Xist in all future time between the 10
wo states and their officers. I am is
cry respectfully, al
Your obedient servant, nj
JOHN IRELAND, 81
Governor of Texas -