Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1895-01-19

tons 7l56, 7l57 and 715S, supplements
ed the Federal Constitution and the leg
islatiOn of Congress by placing num-
Der of limitations upon proceedings in
extradition, the principal Of these limi-
tatious being That demaud for extra
dition must be accompanied by sworn
evidence that the party charged is a iu-
gitive from justice, aud that the demand
is made in good faith, for the punish
ment of crime, and not for the purpose
of collecting q debt OF of removing the
alleged fugitive to q foreign jurisdiction
with a view there to serve him with civil /
process; requiring the Prosecuting At
torney of the proper county to set forth /
all the facts of the case and the reputa-
ton of the party asking for the requisi- /
ton, and to state whether, in his Opin- /
ion, the requisition is sought from i'm |
proper motives or in good faith to en-
force the criminal laws Of Ohio; reQuir- |
ing that the alleged fugitive be taken |
/ from a Supreme Court or a Common
Pleas Court Judge to hear and examine
the charge, and, upon proof, made in
such examination by him, adiudged suf-
fcient TO commit the alleged fugitive to
the county Jail. and give notice to the
executive authorities Of the State where
in the fugitive is wanted or to the agent
Of such State.
much legal contention is made as to
the validity OF the provisions in the
Ohio statute, in such parts thereof as
stiDulate the procedure in matters pro-
vided by the act of Congress: but in this
lease shall only consider certain of the
provisions as hereinafter stated,
Il which have been considered in the
several cases in the 34 .. 5. Report,
and the conclusions therein stated will
be followed by me-
1.-The proof before me not only raises
strong probability, but is convincing
that the prisoner would have been dealt
with nnlawtully had l reminded him
lust preceding New Years Day, and
would be now without any outepoken
assurance from those in authority that
he will be protected. His own testimony
was peculiarly impressive, giving cor
roborating facts and circumstances as
1 to threats and the probabilities OF VIC
lence in that vicinity, especially to one
of his color, charged with an oheDse
sgainsS q white man. Some OF these
circumstances are tacitly admitted by
the agent of Kentucky in his statement.
KENrUcKY's BLOODY RECORD.
"Ths statistics before me show that
, nineteen people have been illegally exc
cuted in the Commonwealth of Kentucky
within the past twelve months by lynch
ling in the exercise of individual ven
geance, twelve OF them within the past
six months whose names and places o.
Il death are given in the statistics One o.
u these was Louis Lafordette, killed at
: midnight July Is, 1894, just after /, az
Judge of this Court, had remanded him
? upon the requisition of the Governor o.
! Kentucky and the warrant OF the Gov
! ernor OF Ohio. The processes OF law weI'
y in due form. His offeDse was shooting
to wound or kill the prosecuting wit
ness, who soon after appeared in this
p Court with his wounded hand tc
o identity the prisoner. So far as / car
9 learn, there has been no effort by the ex
- ecutive officers of Kentucky to prosecute
u his murderers, nor in fact any OF thu
,; nineteen mobs who murdered citizens IL
'r that State. Nor haveI learned OF an,
'r regret expressed to those who love Law
% aud order for the bad faith in thus kill
ing the prisoner remanded from thu
State upon the faith that he would b
tried according to law upon the charg
e contained in the requisition.
ne 81 do not recite these horrible deeds t.
"a irritate or be disrespectiul to any one
q but these are facts brought to m.
L knowledge, aud as toLafordette, pain
90 fully so, aud are proper to be considere'
By me in connection with the othe
ol proof as to my duty IN remand'ng thu
~ Al prisoner.
It Looking back TO the Lsfor6ot ass
OF is it not now quite certain that those d.
as string to lynch him went through tn
form of beginning criminal proceeding
u and based on them, they obtained the r
u QUESTION of the Governor OF kentuck,
AZ aud then the warrant of the Governc
Do of Ohio, and finally the order OF tn
le; Court Is there any doubt but this
OF the forms of the law were used for non
y, other than the wicked and unlawful pu
an pose OF bringing the prisoner to a col
ss yenient place to kill him Had We Il
Z Information by foresight that We no
d. have by hiudsight, is it to be held TO
the law that the Constitution OF I'll
OF United States would have made it Il
duty of either of the Governors or m.
ne self to aid in thus surrenderinR this
ne prisoner to violence because il WI
asked in due form OF law
'or ono" THAT RINGS.
Ply seWhen 1 am now satisfied that III
lrt purpose is intended in these proceeding
OF as to Hampton, is it my duty becau
OF of the due form of law to send him
no death unlawful ? / answer No
Dy would be a perversion of the purpos
i'll of the constitutional provision.
ne 'Most certainly agree that when t
as proceedings are In due form OF Law, go'
TO faith is 10 be imputed to them, and
IN the purposes for which they are instit
zen ted but that presumption may ov'
u come by proof to the contrary.
ess ''rhe sole purpose of the constitute
y. a provision is to remand prisoner
urt trial according to law, and not to
tne strov him by Individual vengeance.
nat "When is that inquiry to be mad
Surely not after he has been remand'
for if the purpose is unlawful, as in /
iordette's case, it is then too late
has save life. 1t is at the time of the apl
ing cation to the Governors, or in last
J in sort to a Court.
lon- Where there is no overcoming pr
Sec of bad faith or purpose, it is the duty
dis the Governor and of the Judge to aid
low enforcing extradition, but it is a mo
'19. duty which could not be enfor'
qui- against the Governor or myself by m
ting damus, or any legal proceeding.
loes Commonwealth of Kentucky vs G
Zen ernor DeOnisOn, "a How. &C.
The "The Legislature 'of Ohio has unt
of taken to make certain regulations
lade the exercise of that discretion on
1dg part of the Governor, directing him
arge make refusal of q warrant where
and prosecution is not In good faith, I
It to giving legislative instance Of where
rged is instituted merely to collect debt.
1t be "The refusal of a Governor to is
his warrant and his withdrawal o