New-York tribune., 1879-05-17
NEW PHASE or THE CONsPIRACY.

NEW PHASE OF THE CONSPIRACY.
TIE DEMOCRATIC CAMPAIGN IN CONGRESS AGAINST
FAIR AND SQUARE ELECTIONS EXTIBITGNG IT
SELF IN AN ATTACK ON THE LAW FOR THE RE
MOvAL OF CAUSES.
lFRoM THE REGULAR CORRESPONDENT OF THE TRIBUNE
WASHINGTON, May 16.-The bill repeating certain
sections and amending Others of the Revised Stat
utes and the Statutes-at-Large in relation to the
removal of causes from State Courts to the United
States Courts, which has been discussed i'll the
House for several days, is another OF the measures
proposed by the Democrats for the purpose of GRIP
pling the National Government.
The right of the Federal Government to inter
yene in behalf of persons acting under color of its
authority by removing from the State Courts to IFS
own Courts all civil criminal against such
persons for acts while discharging their duties
has from the foundation of the Government been
recognized as a substantial part of the National pre-
rogativo and has received the sanction of the most
profound jurists of the country. This right has
been asserted and maintained in the form of legIsla
tive enactments by Congress Ill acts extending from
1915 to 1873 inclusive. 1t was first
acted by Congress in 1915 during the
Administration of Madison and, as an Ad-
ministration measure. received III both houses
of Congress the support of the Democratic,
or, as it was then called. the Republican party.
Among those who supported the measure was John
C. Calhoun. The original act of 1915 having ex-
pired by limitation, it was continued in force by
Congress from time to time until 1922. The at
tempt of South Carolina to prevent the Federal
Government from collecting its customs caused
Congress to reGaact this measure III 1888 as part
of the Force BILL its enactment having been recon-
mended by President jackson in a special message
to Congress During It's passage through Congress
this particular feature of the Force bill received the
&C Woh hn in he of de
said he " thought this the most important provision
of the whole bill as respects the protection of Fed
eral officers"
From the passage of that act up to the present
time the right of Federal officers to remove
from State to Federal Courts suits or prose
cutions for acts done under the color of office, has
remained q part of the law of the land. At
time or another Democrats, Republicans, Wings
and even the advocates of States rights have been
parties TO its enactment 1t has met the approval
and received the support of such men as Madison,
jackson, Webster. Benton, Clay, and even Calhoun,
IN his earlier days and i'll the Supreme Court of
the United states it has been sustained by such
eminent jurists as Marshall and Story. Until the
Confederate Brigadlers got into power in Congress
the right of removal in such cases has never
been seriously disputed. In the last House they
made an attempt to repeal the law by inserting a
clause to that effect bill then pending to amend
the internal revenue laws; and though the Demo
Gratis succeeded at first i'll carrying their point the
House afterward reconsidered its action and struck
out the repeating clause, as the Democrats ascer-
tanned that the Republicans were determined not to
LET the bill pass with that clause in it, If the Dem
ocrats succeed in their present attempt to repeal
this law then the Federal Government VIII have
no power to protect IT'S officers in the enforcement
of its laws, and will be at the complete mercy OF
any State to which any law of the United States
may be obnoxious.
One class of officers protected are the revenue
officers: but if the law is repealed it will become
impossible to enforce the collection of the internal
revenue IN any county where the law is deemed
oppressiye as is the in certain sections OF the
South For instance, in arresting an individual for
violation of the laws the officer being resisted. as
is often the case. it would become necessary for
him to use a certain amount of force; the person
arrested thinking too much force was used would
feel himself aggrieved, and consequently procure
warrant from some State magistrate Tor the arrest
of the revenue officer who would be indicted Dy the
State court for assault battery orassaut ana Dat
terv with intent to kill. If III the county Whefe the
alleged offence was committed and where the case
ia tried. the revenue laws are considered rs very
onnressiye and the Revenue officers very obnoxious
the ury partakng of the feeling of the rest o1 the
community, would be very apt to convict the olcer'
though the force used might not have been more
than was necessary. few convictions OF this kind
would soon drive every revenue officer out OF tue
county. and no more arrests wonld be made there
Cor violation of the Internal Revenue laws The
denial of the right of the General Government to
interfere in behalf of its officers would JeopardIze
the existence of the Government and render II
utterly powerless in certain contingencies 10 collect
its revenues.
In report to the Secretary of the Treasury Just