New-York tribune., 1874-10-13
THE TROUBLES IN THE SOUTH.

ACTION OF THE PRESIDENT REGAKDlN"
THE TENNESSEE OUTLAWS.
Gov browns REQUEST THAT THE GIBSON COUNT
MURDERERs BE TURNED OVER TO THE siAih
AUTHORITIES REFUsED-THE LEGAL PolNIo iN
THE CASE CITED BY ATTORNEY-GENERAL VIII
LIAMS
WASHINGTON, Oct. 12.-The telegram Oh
Gov Brown OF Tennessee to the President, rev VICE "
ago. requesting that the United States withdraw a''o
concerning the trial of the Gibson County outlaws III
order that the State might deal with them, having 'o
referred to the Attorney General and by that onoo,
ferred to the United States Attorney for the western
District Of Tennessee, the latter in response
forwards long report detailing many OF the ouidto'
alleged to have been committed He aliudes 10 te "r
rest of black that vicinity details of whieh nave
been heretofore published. making particular reio0
to the l6 negro prisoners taken from jail recent"
hanged; and says that as soon as these Iac'' "o''
properly brought his attention, he caused
be issued for the such OF the parties as
he believed to be guilty from the testimony In MS ps
session. Sixteen men have already been ndic'ed aho
others will probably be the testimony can pc
aGduced. DistrictAttorney Murray further says' .
Ihave great difficulty in securing proof aGanSs somc no @
parties engaged in this transaction anu ~ % ni ,be
stances the witnesses do not obey the process y,
Court and am obliged to have writs OF attach"on'
issued in order secure their attendance
He further submits that the crime was VIOLATION Vi
the acts OF Congress, anu was u CTiuic tn"'
calls for action on part OF the United States AS u
the Of parties in the State Court he says
he is informed that the fOrtyone men supposed W oo
guilty are there indicted not for murder but uhder 'ne
sections OF the code OF the State cited in Gov Bro"h
telegram to the President. He also says:
There are also various grounds Of prejudice whiGn M
will readily suggest themselves TO you, existing ~ .n
local court which could not exist In Inns lno ,,s
States) Court; and am we'll convinced tnat .ne
indicted here can have full. far, ana impar'i "'
Upon this communication from the United states Al
torney Attorney General Williams addressed the oho"-
ing letter to Gov. Brown:
DEPARTMENT OF JUSTICE, J
WASHINGTON, ID. G., OCT. 10, 1SIA)
The Hon. JOHN c. BROWN. Gorernor Aashrne demm.' -,
SIR: Referring to your oispach 10 tna -, ,h 6
the 1871 ult asking him order, III respect 10 tue HD
son County ourages that further arrests pe ae ny
the Marshal. and that the parties already III eusJuy u
W tSe Presiden;s answer therelo in which he stated
that your telegram had been referred 10 tne or.eu
states for the Western District OF Ten
nessee for and that when such report was
received q definite answer DC maie W !ou,
que ,enna detaiinS the circumstances under
the action of the Federal authorizes was ahe IN ,n'
case No reasonable doubts as to the nrsdc-
0n OF the Courts OF the United States upon the acts as
stated by tue DistrctAtt0rney nor can tnere pc any
S"m6t that it is as much the duy the President to en-
force the socaed acts other acts OF
Congress. To admit that persons charged WIN anu ar
states Ought to for trial To riDulas OF
the State in which the crimes are comnlteu, upon ue
mand OF the Executive thereof because such persons
NAV also he cnargeable upon the same state OF iacts
with violation of State law would be- as 1t seems TO
me 10 surrepder power essential to the existence OF
national authority and introduce practice that would
tend more to retard than to promote ne administration
of justice. ., -
Touching your statement that the parties may be pun
,shed under the laws of the state, and therefore, tna
criminal proeeednfs in q, the o Hs.sd s.ins
thereon Mr. Justice Grer says In Delivering 'the
onuon of the Supreme Court OF the United states III the
case of Moore ag TIE People OF the State OF ILLINOIS,,
"a Howe, 2O), as follows: s,.r.
every citizen Of United States also citizen oil state or Tern
said 10 two s0yegas am NAV oe
liable punishment for nr~cton Of the laws .sn7I ne
c NAV against iTansgresson OIL he laws ol
the Marshal Of the uniied state. anu S
him in execution Of legal high oGehse sss'
United sstes which the perpestor liable to anu
the breach OF the peace o Tue e
not assault murder and subject the person 10
NAV they punish such ofender anno. be doubted
I know OF no reason to suppose tnaI Tue partice
arrested will not be fairly tried In the United STATES
Courts and II innocent acquitted but, II i0nhd guty,
am sure no will object TO their proper
because they were not convicted III stare court.
While IL consistent with his official duty the President
would be pleased accede to your wishes he does not
feel AT liberty to interfere with the judicial proceed rs
referred to- and they will therefore be allowed TO pro-
coed m the usual way final determination In the
obedient servant, GEO. H. WILLIAMS.
Attorney General.