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Ex Parte. In the Matter of the Commonwealth of Kentucky, one of the United States of America, by Beriad Magoffin, Governor, and the Executive Authority thereof Petitioner, v. William Dennison, Governor and Executive Authority of the State of Ohio U.S. 66 (1861)

handle is hein.slavery/ussccases0425 and id is 1 raw text is: SUPREME COURT. Commonwealth of Ky. v. Demison, Governor, &c. Ex PARTE. IN THE MATTER OF TIIE COMMONWEALTH OF KEN- TUCKY, ONE OF THE UNITED STATES OF AMERICA, nY BERIAH MAGOFFIN, GOVERNOR, AND THE EXECUTIvE Ai UTHORITY THERE- OF, PETITIONER, V. WILLIAM DENNISON, GOVERNOR AND Ex- ECUTIVE AUTHORITY OF THE STATE OF OHIO. 1. In a suit between two States, this court has original jurisdiction, without any further act of Congress regulating the mode and form in which it shall b& ex- ercised. 2. A suit by or against the Governor of a State, as such, in his official character, is a suit by or against the State. 3. A writ of mandamus does not issue in virtue of any prerogative power, and, in modern practice, is nothing more than an ordinary action at law in cases where it is the appropriate remedy. 4. The words treason, felony, or other crime, in the second clause of the second section of the fourth article of the Constitution of the United States, inclnde every offence forbidden and made punishable by the laws of the State where the offence is committed. 5. It was the duty of the Executive authority of Ohio, upon the demand made by the Governor of Kentucky, and the production of the indictment, 'duly ce:- tified, to cause Lago to be delivered up to the agent of the Governor of Ken- tucky who was appoiiited to demand and receive him. 6. The duty of the Governor of Ohio was merely ministerial, and he had no right to exercise any discreti6nary power as to the nature or character of the crime charged in the indictment. 7. The word ,duty, in the act of 1793, means the moral obligation of the State to perform the compact in the Constitution, when Congress had, by that act, regulated the mode in which the duty was to be performed. 8. But Congress cannot coerce a State officer, as such, to perform any duty by i.ct of Congress. The State officer may perform it if lie thinks proper, and it may be a moral duty to perform it. But if he refuses, no law of Con- gress can compel him. 9. The Governor of Ohio cannot, through the Judiciary or any other Depart- ment of the Geiieral Government, be compelled to deliver up)Lago; and, upon that ground only, this motion for a mandamus was overruled. A MOTION was made in behalf of the State of Kentucky, by the direction and in the name of tht Governor of the State, for a rule on the Governor of Ohio to show cause why a man- damus shouht not be issued by this court, commanding him to cause Willis Lago, a fugitive from justice, to be delivered up, to be removed to the State of Kentucky, having jurisdic tion of the crime with which he is charzed.

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