New-York tribune., 1878-07-20
SOUTH CAROLINA IN AN OLD ROLE.
AN UTTERLY UNNECESSARY AND USELESS REBEL
LION AGAINST THE AUTHORITY or THE USITED
sTAIEs-i TunEAT FROM A STATE COURT.

AN UTTERLY UNNECESSARY AND USELESS REBEL
LION AGAINST THE AUTHORITY or THE UNITED
sTA1Es-l THREAT FROM STATE COURT.
fBY TgLEGkAPH TO THE TRlDUSR.l
WAsuINGI on July 19.-At the Cabinet meeting
to-day full consideration given to the refusal of
Judge Kershaw to transfer the case of the ln-
prsoned reveuue officers from South Carolina to
the United States Circuit Court for trial Secretary
Sherman presented full statement Of the case
from the Commissioner of Internal Revenue, con-
tanning copy of instructions which had been sent
to the United States counsel, aud containing his
views of the course which should be pursued in
justice TO the officers of the revenue service who are
attempting to discharge their duties in the State of
South Carolina Hnder great disadvantages
1t appears that the Commissioner of Internal
Revenue had instructed the counsel for the United
S.ates in Of Judge Kershaw refusing the petit
tion for transfer TO take steps Immediately to pro-
a writ OF hsbeae corpus, after having obtained
a record of the case from the Clerk of the State
Court and filed it with the Clerk of the Circuit
Court Of the United States. These instructions of
the Commissioner were very positive, and he closed
his dispatch on the subject TO tho counsel as fol-
lows: "The protec-io Of the officers Of the United
States Is a matter OF paramount Importance. The
right Of Government to try these cases in its own
Court aud before lis own Judges involves ques-
tion of the sovereignty of the United States' 1t
seems that the Attorney General sent similar in
structions with the exception that he gave TO the
counsel authority in his discretion to appeal the
case TO the Supreme Court of South Carolina; and
II appears from reports received that upon the
cluslon of Judge Kershaw's opinion hc did give such
notice.
After full discussion Of the case in the Cabinet
ii was finally decided before further action should
be taken IN the matter the counsel for the United
States should be sen. for and full conference had
with him.
The threat with which Judge Kershaws decision
ends. and which has been printed In most of the
principal papers Of the State in italics, and which
has had special attention called to il, has excited
considerable Indignation here aud the first impulse
Of the authorities was 20 act promptly, assert the
rights of Government, and 10 transfer the case,
under section O43 of the Revised Statutes aud fur
necessary TO enforce writ Of baoeas corpus to take
possession Of the prisoners. Tbs threat from the
closing portion of keFshaws decision is ms follows
"A resort however, TO the compulsory power
claimed for the Circuit Court might transfer the
question from the quiet arena OF the Courts 10 the
Executive Departments OF the Govornment, and
lead 10 great irritation and consequences greatly to
be deprecated.n The comments of The Charleston
Ners and courier upon this portion OF the decision
IA "A fair specimen of those which have appeared In
such papers a. have reached Washington since the
decision WAS rendered The N7rs says: Issue is now
sqnarely mad, and Il may be determined IN the
way indicated by Judge Kershaw, or not at all.
His decision Is the la IN this State until reversed
by the Supreme Court OF the State, or by the
Supreme Court Of the United States, and as law il
viii be upheld aud dcfeuded against any compnl-
sory power claimed for the Circuit Court Of the
United States"