The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1880-05-14
All IEE-THs CHINESE MURDERER.

tlOn OF An Lee, III L OrIianu, ior the
murder of Christian Chinaman, in
the Joss House of that city, over a
year ago. His counsel, after failing
in every other attempt for his release,
finally made application to Gov.
Thayer for reprieve. Failing in
this they applied to Judge Deadly for
his release from state authority upon
writ Of habeas corpus. We give
below the letter of Gov. Thayer and
Judge Deady's decision in in the
matter, from the Oregonian of the
goth inst:
On convening of the United States cir.
cuff court yesterday forenoon, Judge Deadly
said that he would proceed to pass on the
question of the application for writ of
hobeas corpus in the case of All Lee, the
condemned Chinaman.
Judge Deadly remarked that since the ad-
| journment of the court, last Friday, he had
received letter from Gov. w. w. Thayer,
had declined to grant reprieve to the con-
demned man, stating therein his reasons for
so doing. The following is the letter OF
Gov. Thayer:
PORTLAND, April II, 1880.
| Hon. M. P. Deadly, Judge of the District
Court of the United States for the District
of Oregon-Sir have the honor to ac-
knowledge service of notice in the matter
| of the application of All Lee, for a writ Of
habeas corpus, to be directed to B. L. Nor
den, ESQ.,, sheriff of the county of Multno-
NAH, which is now pending before the Uni
| ted States district court, for the district OF
Oregon, and which notice, as understand,
was served at your direction. By the terms
of the notice, liberty to appear in the pro-
ceeding and resist the application, is courte-
ously extended to me as governor OF this
state. 1t is well known, and 1 suppose the
petition before you disclosed the fact that
| the petitioner, All Lee, was, more than a
year ago, indicted in the circuit court of the
state Of Oregon, for the county of Multno-
nah, by a grand jury of that county, for
the CRIME of murder. that he was duly tried
by trial jury of the circuit court who re-
turned a verdict of guilty of murder IN the
first degree, that sentence OF death was
thereupon pronounced against him by the
court, and warrant issued for his execu-
tion to the sheriff of the county, and that
he is now awaiting the day fixed i'll the war
rant, to expiate the crime of which he
stands convicted. am informed that it is
alleged in the petition, and that the petition
er's counsel claim, that the state court IN
which the petitioner was tried and convicted
had no authority to try him, that it was not
legally constituted, that it was only pre-
tended court, that the act of the legislative
assembly of the state of Oregon, entitled
An act to provide for the e ection of the
supreme and circuit judges, in distinct class
es, passed October II, 1878, is unconstitu-
tional and void for various reasons and, as
deduction therefrom, it is claimed, I sup.
pose, that the appointment of the several
Judges both Of the circuit and supreme
courts in accordance with the provisions of
the act, was nullity: that they do not
hold their respective offices even colore Off
cii, and that all acts of the respective
courts, over which the distinguished gentle
men have respectively presided for more
than year and half past, and to whom
has been committed the entire administra-
tion of the judicial department of the state
of Oregon during that time, are invalid and
can be inquired into in a collateral proceed
ing-an application for habeas corpus-and
before another jurisdiction. 1t is unneces-
sary for me to say that wholly dissent from
such view, and may very truthfully add
that regard it as quite presumptuous. The
question as to the construction of the con-
stitution of the state and the validity of its
laws necessarily and rightfully devolves up
on its constituted authorities, and when the
subject matter pertains strictly, as in this
case, to the regulation of the internal affairs
of the state, no other authority on earth has
any right to question the determination of
its tribunals upon the subject, at least this
is my opinion. and I shall strictly adhere to
it so long as the political heresies of the
day. that the United States is a nation and
not federal union, do not gain absolute and
complete ascendency.
Since the organization of the judiciary of
the state under the act of October II, 1878,
no one has ever attempted to challenge the
authority of the judges appointed under the
act. Every department of the state govern
ment has recognized their authority and it
has been fully acquiesced in by the people,
at least SO far as the authority of judges and
courts are usually acknowledged.
Important controversies have been adju-
dicated upon between private parties, and
innumerable fines, forfeiturs and punish
ments have been inflicted at the suit of the
state many of the punishments have been
in capital cases. Besides, the organization
is liable to continue indefinitely. At the
ensuing June election of the state, judges
will undoubtedly be chosen in accordance
with the provisions of that act. An attempt
ed notification of it now at the instance of
some disappointed suitor and in a court of
another jurisdiction in my judgement does
not deserve the countenace of any one, and
to entertain jurisdiction in such case, un-
der the circumstances referred to, to my mind,
and say it with due Difference and respect.
would be an unwarrantable intrusion upon
the legitimate prerogative of state author
ity.
As governor of the state, appoved the
act of October II, 1878, and appointed the
judges, provided for therein, and now, at
this late day, if were to concede in any
manner, that there was such question, as
to its validity or as to the legality Of those
appointments, that might, in any view, oper-
ate so disastrously to the state, as would q
determination that the acts of our courts for
more than year and a hall, have been
nullity, and that that determination can be
had in court whose authority is derived
from another source entirely, / should be un-
faithful to the interest of the state and COM
promise its dignity, and I do not see how
can, directly or indirectly, appear and con-
test the application as mentioned in the no.
tice served upon me, without, in some meas
ure, making such a concession.
Therefore, while entertain towards you
personally, and as jndge of the courts over
which you have SO long and ably presided,
the highest respect and regard, shall not
in any manner enter any such contest. l
shall endeavor, to the best of my ability, to
take care that the laws of the state as inter.
preted by it's courts, where they relate
wholly to its domestic concerns, be faithful
ly executed, and leave to those who desire
to overthrow them and produce state of
of confusion and evil consequence almost in.
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