The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1878-07-04
a REFUGE FOR aIUnDERERs.

which he committed in this County some
years ego, by having his case transferred
to the United States Court for trial. The
case was transferred under the provisions
of section 643 of the Revised Statutes Of
the United States, which il as follows ::
"When any civil suit or crimirai pros.
ecntion is commenced In any Court of a
or acting by authority Of any revenue
law of the United States ~ on
account Of any act done under color Of his
office or cf any such id,o, or on account Of
any right. title or authority claimed by
such officer or other person under any
such law the said suit or pros
ecution may, at any time before the trial
or final hearing thereof, be removed for
trial into the Circuit Court (of the Uni
ted States) next TO be holden In the Dis
trict where the samo is pending"
After this transfer the case was argued
in the United States Court, and the .pris-
oner was Set at large, under decision Of
Judge Bond, without any trial, and Nat
tison has since been In the employment
of the United States government, and the
State authorities have SO far been unable
TO obtain possession Of him for the trial
of the case. 1t has been q matter Of
wonder TO many why nothing was done
with the case in the United States Court.
The reason is very plain one, and will
be readily understood by all lawyers.
The United States Court is statutory
court without common law jurisdiction,
and can only try such cases and impose
s::cl; penalties as tho atatutes Of Congress
confer upen j. The right 70 do. There is.
no statute of Congress giving shis Court
Jurisdiction in cases Of murder, and no
penalty is provided for this crime, and
hence when cases Of murder are trans
farred to this Court they cannot be tried,
and no penalty can be imposed. The re-
suit is that prisoners cannot be held on
the charge of murder in the United
States Court, and Judge Bond decided
very properly that ne could not dicthin
Mattison in the case. referred To, but his
order disniesing Elm was q great outrage
upon Justice. The prisoner should have
been remanded to the State Courts for
trial. This refereHes &c tha case OF mat
tison has been made because the same
point arises before Judge Kershaw in
Greenviile this week in the case Of the
revenue officials who killed Ladd. in
Pickens County o few weeks ago. The
case has already been transferred TO An
derson County, and now the counsel for
the prisoners are seeking to transfer 1t TO
eio Gnit1d States Court. In order that
the prisoners may, like Mattison, got of
without trial. We have nc doubt that
the Judge will refuse TO order the tFans-
fer to the Omitted States Court, and thus
the issue will be raised arii in all saroba-
h;l;tv taken ;f .ha nart;ea orr, conv;otad
q a. c,,1- = ~ .y,N.s"
.ao pepAenio Soais "a sno ohieeu
States ior nnal adjudication. we do not
see how any court can constrne the sec-.
tiz.. tsf che revised stst,,ses enose., .ba-A
;nt- =, a,,.i,.-;... c. A.. t.-s.c.sr
.'..o 1n ausno.i'y tot sns '.anAlor .! .
5 case 70 the United States Court OF which
1t has no inrisdiction. When the statute
i proyides,for the transfar os snv aciyil or
0s,r;r,;,n ,i,, oo5o i 4{,i. rv.ns. !. e ,,a
- '-s.se s, ~ ssi, Seai.' ~ oa .c'.ats
means any iclvll or criminal case OF which
tho Court has Jurisdiction, and NO other,
for Congress would have NO ripht 70 nssa
an act to ~ ayo,,,y - tha nf,car, nf .ho -,
=. 81 - ~ LAY ulliseta VI eho gov
- as... i .lo,n = 7 puuisrn,ens ioi rline' ana
.Asus oAse :, .nsso Eaao eS lnurueEefs ever
.eao'sss .ne una.sa sla,es supreme ccar1,
,:.. si:s.o = W.. Z; .ae aoups sne. .ne Jur,a-