Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1880-12-11
Another of Judge Nughes's Decisions.

ago, Judge Hu5tes yesterday m1rIlug GellV
cred the foewicg decisoO:
United States vs.. David II. Kindred.
This Indictment charges tho defendant With
unlaWtuIly aGd corruptly eDdeavorlog to lrNu
etc,, ossuuot. and inpeds the due admlbistrs'
lion of iusics in tho District Court of the
Uoited States for The Eastern District Of Vir.
eiois in having. upon warrant sued out by one
William Mytck, deGlt With j. Z. Dags, Wit
ne So under n c)eniz,uc3 10 the Unlted States
Court, 10 Tie manner Get forth 10 the idiot.
meot-lhat is to say, The Indictment, after set
ting ou. the fasts c,rntc:ed with tie warrant,
including Whippiog aud unlawful Imprisonment,
chpree5 that Kindred did issue said Walract of
arrest and did impose said senteloo upon toe
| said Davis to iL1uencs ard obstruct him es 8
witness 10 said court of the United States, aud
| with the further iLten 10 ibfuence, Ob'truct,
! aud impade the du3 administration OF jasioe
| in the said court.
There is q motion 10 qlssh the Indictment for
| want OF jurisdiction; d,murrer to the iadict-
| nent based en- the came ground Of defence;
and special liza in bar setting Gu. that KIN
bred 10 all that he did acted as judicial off
Ger; ard claiming that if be acted ouiy errore
ousy be is exempt from trial because his &C..
vas judicial and car only DO reviewed By Stale
court for appellate Jurisdiction; aud it he seed
corruptIy, he is anenable only 10 tho euthori
ties snd courts of Virginia. snd is lot amenable
to trial and punishment by any caurt of the
United States. 10 this plea there is demIr-
rer By The Uoted States.
II is not pretended, if there we're DO charge
of wil!ul malfeasanc, or corruption here, but
only of erroneous action by tho uslice of the
petc' 10 Bis dcisl capacity. that the court CT
the Uoi.ed States woul1 have Jurisdiction tor
view the erroneous judgment Committed ia the
discharge of judicial furc:ion. Further
more, although Justices CT the peace aud all
adiOial officers are liable to Indictment or CT
raignueot in scme manner for corrupt Gets
committed ia tho ex:rcs, of their judicial luoc-
tions, yet it is not pretended that court Of
the Uoi!ed Ssates may fry en Indictment
brought for spy such corrupt iudic;al act against
adicia ofScsrs of the State. Tbs Uli,ed
States Court has DO such general poSer.
Blu! it is oontendtd By the United States that
if law Ct CoUsreEs, passed es necessary and
proper for carrying into effect aly constitutional
1rovision is c,rrupty violated by any person,
even though be 30 judicial officer OF O State,
su,h Terson is smcnable 10 prosecute ion IL
Uo,ed States court for euch ctfarc,.
The Federal Government, its cfi,cls, aud
courts have certain well defined powers.
The Government msy establish postclica
system. do all acts necessary 10 conducting 1t
efficiently, pass laws Tor Furnishing dep!edatiOns
upon the mails, AID empower it's cours 10 en-.
foics those laws. 30 it may establish customs
system, az internal rtvaruc system. judiciary
system, nld do o!hcr things especially au
thor;z,d by thu national Constitution; and it
mey pass oil laws necessary aud proper Tor car
rying into execution tho specific powers sranci
By that Instrument.
The pscuIiarity of cur Federal Government.
Distinguishing it from al ether Lorfederscies
previously existing, and from the cortederasy
Of 1870 TO 1879, which existed uader The old
articles Of confederation, is that it is empowered
to act upoo individuals 10 the States 10 tho ex
ercse OF tic poRiri that have bscn sdgertcd
to, and is nc!linitcd 10 ils powers to demand,
upon tie constituent States 10 their corporate
capacity. lis laws affect individuals, lis au
thorty controls individuals. is cfic rs deal
With individuals, Its ctu:ts tagc cognizaLoo OF
individuals. AID. IS the law is not respect
or of persons. if any in7dual wluily and cor
rup.ly violates law Of Congress il will 10 gene.
from eco: liability by reacon ct his being an
cficsr of State. and did the OF with which be |
is chsrsed as an officer Of the State.
It is very true, as has been decided 10 the !
clses cited at bar by defendants counsel. that
State ofi,ers arc such exempt from the |
onnra,iop of certain laws Of the Uci.ed States. |
A State Cthcer's salary, for instarc,, cannot be |
taxed by the United States. because the power |
to tax would carry tie power 10 destroy, and ii |
is Incompatible With tic c)Nitg which should |
subsist between tho &, deral Government AID |
those OF The States. tho. snY general law Of !
Cougrcss tsyiog salaries should b, tX.e0dod to |
the salaries Of State officers SEQ Collector vs..
Day, IL Wallace, l25 S., o State officer,
appointed under State l.w!, respou!i5!e TO
State C.urts, snd charged with dulles and /
service to the State, is not ia general liable to |
PROCESS from Uoted States courts requiring
Linn to perform positive du les imposed by laws
Of Congress-. See Kentucky vs.. D.ubi:oo, 2t
IIewar !, 10T
Bat | am sure that these a3d Ike CASES
which Eavs beeD d:cided, aud Wero cited by
defendants COUNSEL. mono OF them 90 to thu
.xlept of docidiug that O State officer who
Hllfull7 aod cJriup!ly violates lay OF Congress
passed for any CT the constitutional purposes
Rhich have been Indicate u.s. qua State officer.
clothed with impuntT for his otim3 sed txA
,mpted from punishment.
The laws CT tho Tilted Ssbtes operate upon
Individuals without any reference 10 general 10
uSlt ICldllUpo ~ INC SiolVs 10 VI |
heir teing State offers does rot in general
If @. their liability as c!tiz,rs to the ordLary
,rocesss and Jurisdiction Of the courts Of the
United Statet; acd as he'cre esid if they c,m
nit crimes agains: the United States, they are
2unishs be for such o!imes
Now, in the present eases law is charged 10
,eVe teen violated which is necessary AID
proper 10 securing tho efficient administration
# their functions By the courts OF the United
States. There GOULD DO DO proper ndminisra
ion Of justice if the strong and irhasn'i, vera
t liberty to arrest, implison and otherwise
ntimidsto The weak and timid and desaio them
rom attendance az wintssl before tho United
states courtP. Congress hss constitutional 6
'ower to PASS laws proper for preventing the '
of this cff,nce. aod the plea opd
:murrer of tie defendant virtuilIy admits c
bat be would be amapabo TO these laws bu! =
Or tho fac: that be. 10 the &C complained Of, q
1853 soing 10 the ju iioal capacity of Justice G.
the peao, Of the State Of Virginia,
81 that the orlS qlsstion for consideration is,