The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-01

IN regard 10 this Judge, who has done an
act of judicial usurpntion uncxamplcd ~
the whole history of the Federal courts.
He Is the Circuit judge of a judicial circuit
that j. presided over ny the chief Justice
of the United States. His position is too
conspicuous. ana what he has done Is too
fragrant. to nllow of any failure to put his
judicial conduct To- the test of at least an
inquiry by the House of Representatives,
the Grand Inquest Of the nation.
While the solution of the Presidential
ducs ion occupies the attention of Con-
l,ress II may not be practicable To consider
and decide ON the Impeachment of
tins judge. Bat however the Prcsi-
dental question may be decided, this
mnttcrof Judge BoND's conduct in South
Carolina will remain for some public ac-
ton. HIS conduct was either right or
wrong. II II was wrong, IL was a wrong OF
such a nature that II cannot be passed
over. II II was done wilfully and corrupt
lv, for the purpose of aiding in a conspira-
cy to procure the electoral vote of South
Carolina to be formally obtained for
political party against the actual votes OF
the people of that state there is no meas
being INFLICTED that ought to be withheld.
If II was done through Ignorance of law,
which is almost inconccivablc 1t was
kind ofignorancc that renders Judge BOND
very unit to hold his present Office. If
his act was both lawful aud free from any
improper motive, there is II great public
necessity TINT this should be in some way
authoritatlVely declared.
This is the first time in the history of
the Federal courts that a Federal Judge
has deliberately and directly dissolved the
process of n State court under which pris-
Ouers were in custody for n contempt Of
that court, by setting the prisoners
nj liberty, and doing it without rem
deriug a single reason or assigning single
ground of Justification. We have had
state Judges who have sometimes, IA ig-
norancc or Llistallo OF law, undertaken to
interfere with the process of the Federal
courts, but they have, at least, had the
grace To endeavor to show that they had
law on their side, although they did not
succeed in showing II. Bat Judge BoND is
the FIRST Federal Judge who has ever under
taken to nullify the process of IA state court
by II discharge, without amy assigned lea-
son, OF prisoners held under II aud lac has
done ii under circumstances that justify
the belief that II was done corruptly.
The members Of the Board of State
Canvassers were all officers of the cxccu-
tive department Of South Carolina. and
three of them were candidates for rellec-
ton on the 7lh of November. When it be-
came known that in canvassin1 the re-
of Ia al NJ,
exercise powers which the Constitution of
the State prohbits them from assuming,
| an application was made To the Supreme
Court of the State to restrain them aud to
contiue them 10 their legitimate function
| of compiling the actual votes given by the
people. Those proceedings. after due hear
ings. resulted IN IA writ of nandamus. COM
munding the board TO do certain things
aud 10 refrain from doing certain other
things. In defiance of this writ, they went
on canyas-ing the returns IN such "a way ~
L. throw out the votes of certain counties.
They We're thereupOn adjudged to be
guilty of contempt, fined, aud ordered to
be imprisoned in the jail of Rchland coun-
IS until Released by order of ;he Supreme
| Court. This was an ordinary exercise OF
premc judicial tribunal Of every State in
| this Union.
The persons proceeded against were
| state officers, ana the election with which
| they We're dealing. and tine returns OF which
they were uulnwiully dealing with, was
IA state election. Although thor proceed
| ings ana acts affected the votos of ia q
people Tor Presidential electors, us well is
| tor state officers there was no law of Con-
grcss whatever which touched their duties
IA cauvu-scrs Of the election, aud all their
duties and all their powers were regulated
| by the State Constitution ana laws The
| proceeding IN the state court, therefore,
was one to winch, even If IL had been or-
ronoous, the judicial powers OF the United
| States could not extend for the correction
| Of that error, many form. But thcrc wa,
/ no error about It.
| The state court had full authority to di-
| rect how board of state officers should
| proceed IN the discharge of Their duties,
aud to punish them for contempt if they
| disoheyed the orders of the court But,
notwithstanding this PLAN truth, on the
| Monday following the imprisonment of
| the mcnber- of the board, Judge BoND is
| sued Il wit OF habeas corpus, took them
| ont of the custody Of the Sheriff of Rich-
| land county, and immediately discharged
| them from the state custody, by putting
| them into the custody of the Marshal, so
| that they might be able to go on and do
what the state court had prohibited them
| from doing. The result WAS Just that ~
| lhiation of the votes for state officers and
| Presidential electors which had been orig
ually planned to be effected by this Board
| OF thnvHsseir.
Aside from all want Of authority on the
part of Judge I'oND to interfere between
! the State court aud State officers over