The New York herald., 1877-10-09
SENATOR PATTERSON'S INDICT-
MENT.

CORRESPONDENCE BENwEEN THE ATTORNEY
GENERAL AND THE AocUsED-A REFUSAL
TO APpEAR VOLUNTARILY FOR TRIAL.
BALTIMORE, Nd. oot 8, 1877
The Sun has the iolowng:-
COLUMBIA, s. c., Oct Z, 1877.
The correspondence between the Attorney General
OF South Carolina aud Senator Patterson, which pre-
ceded the requslion for the latter is as foIlows-
OYYicn or THE ATTORNEY GENERAL
COLUMBIA s. c., Sopt 10, 1871
To Hon. j. J. PATTERSON, United states Senator, WASH
sIR-At tho Court OF General Sessions, held In CO.
umUa on the 27th ut indictments were found against
FYrst-For couspiring to dsfraud tho State In tho
matter OF the Mooney-Lcggett warrants
.yecond-For conspirng with H. H. Kmpton aud
Miles G. Parker to brbe tho Legislature.
Third-For brbipg divers members OF the Legisla-
turc.
Fomtt-For couDsellIng Miles G. Parker, State
Treasurer, to commit fraudulent breach OF trust,
such counselling being felony under tho statute.
Bcnch warrants have been Issued on these indict-
ments, and the next regular term of the Court will be
held on the fourth Monday OF October. l advise you
officially of these proceedings In order that you
by voluntary appearance avoid the necessity OF
must presume that ono holding your official position
would desire meet such charges at tho earliest day.
and will afford cvory facility for the trial OF these
Please advise me by tho Goth inst whether you will
voluntarily appear or will require requisltion 10 bo
JAMES CONNER, Attorney General
SENATOR PArTERsox's REPLY
UNITED STATES SENATE CHAMBER,
WASHINGTON, Sept Is, 1917. (
To Hon. JAMES CONNER Attorney General
SiR-In answer TO your letter OF tho 10Th inst in
against me certain papers denominated indct-
ents and that tho regular TORN OF the Court will be
held on the fourth Monday In October, have 10 say
that on consultation with my COUNSEL Is not deemed
advisable that should appear al the time mentioned.
My temporary residence is here, and has Desn for
years, IN connection with my Senatorial duties, and
tho proper discharge OF thcso duties will require TO
be here October the extra session will commence
on the 10Th OF that month.
| cannot concur with you that immediate trial
would ba well Tor me or the State. BY tho apse OF
reasonable time temporary excitement Will DO alayed
and a more impartial trial could be had at later
period In this, on reflection, think you will agree
win me. Otner reasons might be mentioned but
these, at present. deem sufficient ! have no dispo-
sinon TO evadc trial or Indictment regularly found
before u competent court.
Hoping that you will SEQ that this response s both
proper and wise remain very respectfully,
JOHN J. PATTERSON.
THE PROCEEDINGS UNDER THE REQUIsITIoN OF
GOVERNOR HAMPToN-LEGAL VIEW OF THE
CASE.
ZEE TELEGRAPH TO THE HERALD.
WASHINGTON, Oct. s, 1877.
The enemies Of Senator Patterson keep up the
on him ana will give him rest There 1ve in
dictmcnts pending against him, and the proceedings
against him far in Washington have becn taken un-
der only one OF them 1t Is believed that reQuisi-
ton Tor his arrest a second Of these indictments
In town. but up eleven o'clock to night Judge Cart
tor had been applied to for warrant Of arrest
The South Carolina authorities wish to rairoad'' ,
him back TO the State and into jail before Con-
gress meets They not satisfied, his friends say,
with his promise 10 vote for tho admission OF Butler !:
tpey want his for democrat and they make the
point against him that while he promises to vote for
Butler he roles upon the alleged egality Of Governor
Hamptons tenure OF Office as q defence against ben
extradited.
THE HABEAs CORPUS PRoCgEDISGs
Tho trial which Is TO take place here on the 17th
inst under habeas corpus proceedings Will doubt
less devoiop good deal OF new matter, as lawyer
ould say, the matter OF the extent 10 which Con-
gressmcn may claim immunity from arrest Under
tho constitution Senator or Representative while in
any offence except those of treason felony and breach
OF the peace. part OF Senator Pattersons dsience
will be that his offence, even II the charge OF 1t could
sttutiona exceptions But to this 1t is rejoned that
Judge Story in his commentaries this part OF the
constitutions lays IL down that any ndicable offence
is d breach OF the peace. Under this ruling plea Of
the Congressional privilege would therefore amount
to very little bar to arrest; but In
turn again 1t mantained that II the alleged offence
OF Senator Patterson could bc thus construed in a
breach OF the peace and render him liable to arrest
he could be exraditcd and taken out Of the Dis
OF Columbia on requisition Tor having pcrpe-
tratcd breach Of tho poace anu so the case grows
more complicated The legal fraternity feel deeply
in te res outcome Patterson