Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1878-07-31
FEDERAL vs.. STATE COURTS.

The determination of the Hayes admins
tration to precipitate a conflict between the
State and Federal courts in South Carolina
has occasioned great deal of anxiety, if not
alarm, in that State. 1t was hoped that both
parties could be accommodated oy an appeal
from the State circuit to the supreme court,
but this did not suit the ultra Radicals in
Washington, who have succeeded, through
Secretary warts, in overriding the Judgment
Of Hayes and his attorney general, both OF
whom favored an appeal in order eventually
to get the case before the United States SUI
preue court. The facts Of the case are these;
In the early part Of June last, deputy
United States marshal, attended by thrse
deputy revenue Collectors, went as a posse into
pickens county, Soath Carolina, 10 arrest
man who was accused Of lllSoit(y disabling
whisky, Que Of his hands, = man named
Amos l.sSd, came to the assistance q his
employer with = rife. AMI, IS Is alleged, had
attempted 10 use Il when his pGrposs was 10
reverted and he was killed by one u the
ccSSe, Fox tASs koussoSoe tie Sear men were
indicted On change ofmGCasr> Ee&rsR1 TIE
&eaSoSShgAtSoa u tie REVENGE service whscA
wSela e2Sse we've tAeSr c@se allowed 10 80 -
tSs&, IN State cSeSt, CosaassssSose< R&Sg2
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s Ss ~ sSss SSsaS NaS N''< >Ss 9'& IN
Ma TIE SSa8 sears Sosasa aSs> saSes TIE eee>
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~ Sseas&
l&Ss&s NsgsAaw sAeses his oeSsSea With the
sesaSs(seS that ASs SeeSSSea rasS be reviewed
by &As$Ssss ss& CsSee3 States supreme eoass,
ava SAys> Tie &eeeSeaSsstsea q the latter
Sssss WeaN& b Sssl ard eesS(assSs, ami with
saSsSS kse(S1y Ne Ssseslas& by the eeeSss here
OeeS tbs &seSsSea AeSeS announced, Mr.
H&seA, Commissioners eS laseSasl reVeaSA
pgegeSs& b have the Indicted pase bSoOSAk
NeseSs the CaSse& States eeaSS by y wit q
A&A(,sS e2tRsS, while others &C the FEDERAL
eSSceSS FSeecSea an appeal the State supreme
ecSsgt> with u view q \ 6eSl appeal b the
NNseEa( SearSNSs eoars> These tyre views
egeSeeteI b. the eahlaet were taken Na3er
consideration, wAee the teyraes, by sStvSce Ct
Warts, was a5sog ted lS6Se Nershaw viii
act aeQaSssce. neither viii Governor Hsmp-
toe, who Is swoya 10 see the laws Of the State
and Judgment Ct the eoayts executed, and 50
We are likely Il have y fresh exeIteuaeat over
State Rights. unless Judge Bead. Of the Uni
ted States eoapt, shall decide IN favor Of the
State 81 far as Governor Hampton is eoa-
eeyee1, he desired thst the case should take
It's regular eoGrss through the State courts,
and he wrote h. the President 10 that effect,
but without avail, snow, - he says, '1E the
government should assert its jarisdic-
0on at once, and take possession of
the prisoners by u peremptory order, his
course would occasion great and needless sx>
element, and would render the further en-
EoCeement Of the revenue laws almost impos-
sShle, rs the 6Istillers would be led to think
that the State authorities are unable to pro-
tset them, an6 the probability is that the
gSavest consequences would follow, and all |
his Efforts 10 have the State and United States |
laws enforced would be rendered nagatory."
The opinion throughout the State concerning |
Judge ksgShaw, he said, was ''that he Is ne |
free from political or party feeling. |
aud he is known 10 be man Of the highest |
character, both private and official. Nothing |
would make HIM oyerstep the bounds of his |
office or violate the law" Everything now
depends upon conservative course by Judge |
Bond, to whom an appeal has been made to |
have the prisoners taken from the State court |
ON a writ Of hGAeas eo'P.s,