New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-08-01
A RETURN TO REASON.

.o,,,u c,Ro1INA BLUsTER ABOUT THE REVENUE
orPIctEs PERCEPrIBLY COOLING DOwN-wHAT
Tns GOVERNMENT is WAITING FOR
icy TELEGRAPH TO THE TRIBUNE.l
W,suxGToN. July 31--An explanation of the
apparent ndiSpoition of the Administration to take
vigorous aad immediate action for the protection of
thei,iorisoned revenue officers in South Carolina is
fourd in the fact that, according to the views of the
Pre- ddent and some of his Cabinet, the matter has
not been formally brought before the Government
and no pretext for interference with the State
Court Of South Carolina has yet been offered. In
tbs view tho prisoners and their counsel coincide.
The prna facie case against the revenue officers is
for homicide Which is indisputably crime against
tla State OF South Carolina If it is conceded that
tle crime for which the officers are indicted was
committed in the discharge of their official duty, it
would be equally indisputable that they have
right under the statutes if they so elect to be tried
in the United States Courts. The decision of this
pont however, necessarily has an important bear
ing upon the vital question of guilt or innocence of
the accused.
The officers having been arrested by the State au-
thorites, and the proceedings against them having
been begun in the State Courts certain course of
procedure is necessary to effect transfer OF the
cases to the United States courts Only the preim-
mary steps in this matter have as yet been taken
and they involve simple formalities only The pris-
oners petidOned for trial by the United States
Courts Upon the receipt of the petition, the clerk
of the Circuit Court issued writ of habeas corpus
recurring the delivery of the prisoners to the GUS
tody OF the United States Marshal. Up to this
point. the matter had not been passed upon by any
tribunal Of legal authority. either State National
On the receipt of the writ of habeas corpus Judge
Kershaw, whose docket the cases were pending,
refused to obey the order, for legal reasons which
have already been made public, and which seemed
10 HIM sufficient Two courses are now open for the
prisoners one by further petition to the United
States Court to enforce proceedings under the writ
Of habeas corpus, and thus bring about judicial
decision by Judge of United States Circuit ;
and the other to allow the case to proceed i'll the
State Courts, and by appealing from an adverse de-
csiOn take it into the Supreme Court of the United
States.
In rendering his decision. Judge Kershaw made
use of some expressions which savored strongly of
old-time South Carolina buster, and which were
entirely unealed for. FOllowindthis cue, the press
of the State bristled into most Extensively beger-
ent attitude which has led to the impression in
some quarters that an actual conflict of authority,
only to be settled by force of arms, is imminent
While the Administration has not allowed itself TO
be influenced by these expressions no cOncealment
Is made of its determination at the proper time to
enforce the laws by all the means at its command,
and examination of the statutes leads to the be-
lief that this includes theuse of the Army and Navy
IL is thought extremely improbable, however that
matters wleyer proceed to this extremity and this
opinion receives confirmation i'll the changed tone OF
South Carolina papers which have been received
tonight. Some of them, which have heretofore
been very defiant in their tone, are now quite mod
crate. One which has been particularly violent, ana
has taken pains to emphasize Judge Kershaws
threat that an attempt on the part of the Govern
ment TO enforce its own process might lead to
Ia fc w a
legal view of the case and wholly omits its usual
bluster.