The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1878-08-07

Serious trouble is threatened in South
Carolina by an attempt, as contempt
rary, the Memphis Appeal, expresses it
of the Hayes Administration to precipi-
tate conflict between the State and
Federal courts. The State authorities
are anxious to accommodate the difficulty
by a procedure which will leave it 20 be
settled by an appeal to the Supreme
Court of the State and ultim ately to the
United States Supreme Court, but this
does not accord with the purposes of the
Administration to make political capital.
The facts of the case are these: A depu-
ty United States marshal, attended by
three deputy revenue collectors, went as
posse into Pickens county, South Car
DINA, to arrest a man accused of iIIictly
distillng whisky. One of his hands. a
man named Amos Ladd, came to the as
sistancc Of MS employer with rife,
and, as is alleged, had attempted to use
1t when his purpose was intercepted and
lie was killed by one of the posse. For
this homicide the four men were indict-
ed on charge of murder. Fearing the
generalization of the revenue service
which would ensue were their case al.
lowed to go to trial in a State court, Com
missioner Raum instructed the neighbor-
ing United States district attorney to
apply to the judge of the State court,
under section CAB of the revised statutes
lor removal or The case to the United
states circuit court. The Judge, who
happens 10 be General Kershaw, render
ed recently lengthy decision, the roints
of which are as follows:
First-That the Killing was not done mn
ueF the color of office, as the offence with
winch Laid stood charged was a violation
OF the internal revenue laws. This offense
was only misdemeanOr, and a warrant of
arrest Tor misdemeanor could under no
party charged.
Second-The circumstances of the killing
as set forth by the prisoners themselves. do
nor make such case of resistance as iusti-
fed the killing J''i
Third-If such killing was done in neces- |
safy self-deiense, as alleged, that is com |
non law defense, and the killing was NOT /
lone under color of the office or of the STA
ute law involved,
Fourth-The judicial power of the United
''aIeo Is deIlned and limited by the Consti-
luton (article 3. section q and il * clear
hat the United states co rts have no inriS
lctloh OF the matter involved in this con-
foVerSy, by reason of the character of fine
artlts as citizens OF the State, and because
ohgress mas nowhere conferred such iuris-
Of !, - /
mere, by reason of the cpssion of the terri
ny ana jurisdiction the United States had
<cluSive authority. ,
FltLh-Ihe circuit court could not. under :
io constitution, entertain jurisdiction of :
e case, II transferred, unless if was one
iSing under the Constitution or laws Of
t United States, and this is not one SO L
ising. 0u0 50 I
Judge hershaw closes his opinion with {
e reminder that his decision NAV he 2
viewed by the State and United States P
Preme Court, and says: "The deter +,
nation OF the latter court would be =,
al and conclusive, and with entire nj
city be sustained by the courts here" ri
ION this decision being announced, Mr.. "
UNI, commissioner of internal revenue =
posed to have the indicted men ID
ught before the United States court -
writ of habeas corpus, while Others 10,
the Fhderal officers proposed an ap- 90
to the State Supreme Court, with
to a final appeal to the Federal 44C
RENE Court These two views pre- M ph
ed to the cabinet were taken under go,
-4sra1lon,,- the former, by ad- chi chi
OF Evarts, was adopted. Judge cha
shaw will not acquiesce, neither will the
ernor Hampton, who is sworn to see con
avs of the State and judgement of and
courts executed, and so we are likely elai
ave fresh excitement over State old
S, unless Judge Bond, of the United bull
IS court, shall decide in favor of the X
:. So far as Governor Hampton is goo'
erned, he desired that the case should w
It's regular course through the State T
$, and he wrote to the President to vote
effect, but without avail. that