The Camden journal. [volume] (Camden, S.C.) 1866-1891, 1878-09-19

\ So9ph Val AN
writ is sufficient to authorize the pre-
sumption that all the conditions Of
formal sort, required BY the net as pre-
liminary to its issuance, bave bee'
complied with, in the absence Of an.
controversy upon that point, and tn
application will be determined upon it
| merits. If tho act cited is applicable
to thi, case. and if Congress had tn
power to legislate to that effect, TIT
motion must prevail; otherwise it mus
be denied.
This question is made under the In
ternal Revenue laws, passed in pursu'
ance Of the power delegated by the
Constitution of the United States (nrt
/, sec. 8, clause, ~ which delares thai
"the Congress shall have the power te
lay and collect taxes, duties, imports,
e1cises," &c., and also in pursuance Of
that other clause, which applies to al
the delegated powers under the consti.
tuition, that Congress may "make al
laws which shall be necessary and dpropel
for carrying into execution the forego.
ing powers, and all other powers vested
by the constitution in the government
of the United States, or in any depart
ment or officer thereof" Cart. l, sec
8, clause ~ IF then Congress has
exercised the power Of Legislation te
the extent claimed by the prisoners, aud
such legislation "was necessary and
proper" for carrying into execution the
taxing powers of the government, the
constitutionality Of the act cannot be
questioned.
It will not be doubted that, in order
to execute the taxing power, and to COL
lect the revenues Of the United States,
Congress had the right to pass all laws
necessary and proper to protect the oth-
GERS of the government while in the
discharge Of that duty, as otherwise. the
grant Of the power would havc been
wholly nugatory and the operations OF
the government must have ceased.
According ely such laws have been enacted
from time to time, and one Of them is
that now in question. The mode adopted
in that act, is to transfer the cases
within its provisions, from the State
Courts to the United States Courts "for
trial." The cases subject to be trans,
ferred under this section are indicated
in the net thus "When any civil suit
or criminal prosecution is commenced
10 any court Of State, against an officer
appointed under. or acting by authori-
ty Of any revenue law Of the United
States, r X X or against
any person acting under, or by authcri-
ty of any such officer, on account Of anp
4Up avu~-ander cnlnr nf hia- -efkA"Io or OF
any such lew or on account Of any
right, title or authority claimed by such
officer or other person under any such
law, the said suit or prosecution may, at
any time before the trial or final hear.
ing thereof, be removed for trial, into
the Circuit Court next to be holden in
the district where the same is pending"
&c.
1t will be perceived that in order to
authorize transfer Of the person con-
cerned, must possess o certain official
relation to the government, and the act,
on account of which he is called in ques'
ton, must have been under certain
specified circumstances. Here it has
not been denied that the prisoners are
persons, who. at the time of the act com-
plaiued Of, held the relation to the gov
ernmens required to authorize the trans
fer; they were an officer of the revenue
department ana his assistants.
Was the act done under such circum'
stances as to give the right of removal
Was it done under color" of their
Office or any revenue law2 Or are
they called in question ION account
of any right. title or authority" claimed
by them under any revenue law7
The act done was nothing less than
the shooting to death of a citizen of the
State, youth, standing when first fired
into, in the door Of bis mothers house
with whom he resided, and finally and
fatally shot down in the yard Of the
homestead by another of the prisoners
as he fed wounded from the first.
The term under color" is technica
expression, obtained from the common
law. An act is said to be done undel
color Of title when performed by ont
holding an instrument which seemingl!
rests in him the thing in respect o
which the ;,ct in question is performed
1t may not be good title-it may no
be sufficient to justify the act, but i
must have "color"-it must appear t,
be a good title. In the language Of tn
learned Judge in Turpin vs.. Brsnnon
| 6 McC. 267,) it is the "seublance o
title" So in pleading, color signifies
probable plea, but which is 10 fact false
and "color of Office is when ar act
evilly done by the countenance of al
Office" l Jacobs Law Dict. SOL. If,h
Office exercised by the prisoners, or an
warrant, such as set up by them, coul
appear to authorize the act done, the
the act might be said 10 have been don
under culor Of the Office or authority
The warrant under which they slaime
to have dctei, is said to have been 70
"the arrest Of party charged with
violation of the Internal Revenue laws.
This ofense is nothing more than
nisdemeanor. A warrant to arrest fc