Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1878-08-14
MISSISSIPPI
Arrests and ImprisOns a Federal Tim
ber-Agent. WhereUDOn n Howl
Goes Up of a Confederate
Assertion of state
Rights.

! Washington correspondence of the Chicago
| Times: A case involving the old doctrine OF
| State-rightS and the supremacy of State over
Federal authority, not unlike that of the ar
| rest OF internal revenue officers in South
| Carolina, Is exhibited in an arrest at Missis-
slppi City, about two weeks ago, of NJ. A.
| Carter, tlmber-agent of the government.
| The facts IN the case are these: Under the
| act OF the last congress, making an appropri-
| alton OF twenty-five thousand dollars to en-
| able the secretary of the interior TO suppress
| and prevent the depredations of timber
| thieves on public lands, special agents were
| appointed by Secretary Schurz in the various
| States and Territories where these depreda-
tons were and are now being committed
Carter was appointed one of these agents. IL
will be remembered that Carter figured in
the log seizures IN CaIcasieu parish, Louisl-
| ana, last winter. Charges of conspiracy and
trespass were preferred against him. An in
Vestlgatlon by the department followed, re-
sullng IN generating him from all aliega-
lions. The main charge was that in making
seizures he obstructed navigable streams, and
otherwise Infringed upon the rights of the
people. 1t appears, however, that he has
since resumed his duties, combining his oper-
atoms to Louisiana and Mississippi, to which
he was assigned by the department, and in
securing testimony to sustain the suits here
totore commenced, has again been arrested
by the State authorities on charges similar to
grace and mercy of the sheriff. however, he
Is permitted to remain in custody outside of
the prison. Immediately after his arrest, he
communicated with the department, appeal
ing for its intervention. Commissioner Will
hanson telegraphed him in reply that the at
tOrney-general would do all in his power to
afford him bail and legal counsel and other
proper relief that ought to be extended to a
government official who was thus arrested in
the discharge Of his duty. The commits
Sloner further stated that he
had a warrant for this as
surance from the attorney general. As yet, |
however, no action has been taken. To-day !
the Gommissi9ner received the following, dis
patch from Carter, dated Mississippi City, !
August 9th: ''Have not been able to hear |
from the United States attorney since the |
Ith. am still IN the custody of the sheriff |
OF this county, and am hemmed ia here by |
yyellow-tever and in quarantine. This con-
hict with the State authorities is giving the |
department great deal of annoyance. The |
commissioner said to-day: ''It is impossible
TO execute the laws under this condition of
things. Here Is a man sent down there to
execute the orders Of the department. but he
is powerless to do so. He is held there un-
der arrest and in quarantine. He appeals to
me, but sit here powerless to do anything
lay the matter before the secretary, and he
ID turn lays 1t before the attorney general.
he does all he can to protect his agents, but
the government seems TO be at loss to find
proper means to protect their agents in the dis
charge of their proper duties. If there was an
OF crime against this man it would
be another matter, but he has been harrassed
and annoyed simply because he held property
precisely IN the same spot where it was
stolen" He said that steps would be taken
to bring Carter before the proper United
States tribunal on a writ of habeas corpus, or
some other way, would be devised to relieve
aim from custody. Ia respect to the mean
ng of this arrest, he said it simply showed
-he efforts made to prevent the execution of
he United States laws within the limits of
States, except so far as the States may pre-
cribe themselves. In reference to the for
ner charges against Carter, he said that they
we're thoroughly investigated by agents APP
pointed by the department, and he was found
yulltless OF any wrong doing whatever.