The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-06-27
CORRESPONDENCE.
An Important Matter--Confiict of Authority
Federal vs.. State JUDGES.

Ao "'e S"''o' F" "'e '''''e 'o''''"''
The case of Thorpe II. Nance, who, by
order of Judge Wingfield, is now in prison,
having excited considerable comment,
have concluded to give you the facts in rcla-
ton to the matter, in order that your read
ers may Judge of its merits. Thorpe II.
Nance, of Bedford county, was fined and
imprisoned in the county Jail for having
applied for and obtained from Judge Under
wood, of the District Court Of the United
States, an order of Injunction against par
ties seeking to enforce what they called
Judgment liens in Judge Wingfield's court,
which action of Nance was construed by
Judge Wingfield as contempt of his court,
hence the fines and Imprisonment.
At the same time, Judge W. made an
order restraining Nance and his counsel,
from further proceedings in any way what
ever, and made a rule against Governor
Wells to appear and show cause why he
should not be fined and imprisoned for act
ing as counsel for Mr.. Nance in this case.
After Nance had remained in jail several
weeks he sued out writ Of Aabcos corpus
and was carried before Judge Underwood,
and was promptly released, not only from
the imprisonment but also the fine. So the
case stood, from the fact that Nance and
his counsel were restrained from farther
proceeding in the matter, and OF course it
could not be heard in the United States
court until that injunction was removed.
AT the May term of Judge WIS court he,
however, made another rule against Mr..
Nance similar to the first, and lined hun
500 and Imprisonment in the county jail
until he should dismiss his injunction in the
United States district court, and also enter
ed up fine. of $50 against Coy. Wells for
having acted as counsel for Mr.. Nance in
'"1 7, n0J n ~ = hetter understanding Of
this case. | will state that Nance was alrca--
dy in the United States court as bankrupt,
and was only claiming the benefits OF that
Jaw w. pel0re .t oil 4;r .,'a.cS S court lou, a
stand tt"t snothar ,,',t 81 boLeos so,,,,,s
has been granted him bv Judge Under
wood; if so, he will be from under the
hands OF his prosecutors IN few days.
nave l'e a 81 %ag ,aw ae tu, nw,
but II renamed far tb;s dav and tbis iudpe
- t''iNt pi"e.No - ~ nc ~
Vol III .iio ease csa'iioI oe ieSaiocu III any
M q ~ cts. 60. 70 po.ea
mow' s,,s ineu hob Iouls o, vi tpeu t az
| United States Court. as Judge w. seems to
believe, then the people want to know it,
SO that we in the future NAV know what
court to appeal TO when we think ourselves
aggrieved but if it is, as we believe, his
court is inferior. and subordinate to the
United States courts. then we want the
benefit of the United States laws. and do
not want to be fined and imprisoned for
going before its courts for our lust rights.
MORLEY.
lomce the reception OIL the ABOVE letter,
we learn that a writ OF hd6eds corpus has
been issued by Judge Underwood, directed
TO the denutv limited States Marshal at
~. ,.o,,,;,,;, III, 80 l,r;,,a N.,oo
Hy nonDais' loq'inlS ,'"" ~ o'ns A''''oo
before nm, Judge Underwood. III is sur
missed that Judge Wingfield will resist its
execution. IF he does. we NAV expect
lively t;mes os we have no idea that Fed
-: -,
efai authority VIII DC t''us .iail'pie'' upoh'
quietly.
The Labor 0uest.o 'a,.: Naiue Of Trades
% GROVE ST., NEW YORK CITY,