The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1874-10-15

IL
DEPARTMENT OF JUSTICE,
WASHINGTON, October 10.
John G. Brown, Governor, Nashville
SIR: Referring to your dispatch to the
President, of the 49, b ultimo, asking him
10 order, In respect to the Gibson coun Y
Outrt ge, that no further arrests be made by
The Marshal. and that tie parties already IN
custody be turned over to the prop r
local tribunal iorstr,al, md the Presidents
answer thereto, in which he stated that
your telegram had been referred to the
United States District Attorney for the
Weste n District of Tennessee Tor lntorma-
ton and that when such report was
received more defnate answer would
be made 10 your request, have the honor
to inclose herewith coDy of that report
detailing the circumstances under which
Ibis action of the Federal authorities was
aiken in that case. No reasonnb G
doubt can exist as TO the jurisdiction of
courts Of the United States upon the facts
as stated by tho District Attorney, nor
can there be any doubt that it is as much
the duty of tn President to enforce the
so-calle0 Enforcement acts as any other
acts Of Congress. To admit that the
persons charged with and arrested tor
criminal violations of the laws of the
United Snates ought to be turned over for
trial to the tribunals of the state in which
the crimes are committee, upon demand
Of the Executive Thereof, because such
persons may be also chargea5le upon the
same state of facts with violation of the
State law, WOULD be, as Fit seeu.s to me, to
surrender power essential to the exist
ence OF the national authority, and INTRO
duce Practice that would tend mere to
retard than topromote the administration
OF justice. Touching your st ltement that
the parties may be punished under the
laws OF the State, and, therefore, that
criminal proceedings in the Uelted Stats
Court ought to he discontinued, b
% cite as sufficient ,mment thereon
wnat MIR. Justice Green says IN deliver-
ing the opinion of the Supreme Court OF
the United States in the case of More
Against People of the State Of Illinois
IA Howe 2O) as follows: Every citizen
OF the United States is also a citizen OF
the State or Territory. He may be said
to owe allegiance TO the live soyerejgns
and may be liable to punishment f)r an
lnfractlon of the laws of either. The
same act may be an offence against OF
transgIesslon Ut the laws of both; thus az
a'sult upon Marshal of the ULited States
and hlndering him in the execution of
legal rrocess, is high offence against the
United States, for which the perpe,rator
is liable to punishment, and the same act
may also be gross breach of the peace
or the State. or riot, assault or murder,
and subject the same person to punish
ment under theState laws fol m sdemcanor
or felony" That either or both nav, il
they see BIT, punish susb an offender
cannot be doubted. | know of no season
TO suppose the parties arrested will not
be ialrly tried in the United States Court,
ana II lnnoceAt, acquitted but, if found
guilty am sure no one will object to
thelr proper punishment because they
were not convicted IN the rtate Court.
Whlle, II consistent with his official duty
the PRESIDENT would be pleased to accede
to your wishes, he does not feel at liberty
to interfere with the judicial proceedings
referred to, and they will therefore be
allowed TO proceed in the usual way to a
hnal determination in the courts of the
United States, Very respectfully, your
obedient serv mt.
GEO. ii. WILLIAMS, Attorney General.