, 1880-04-26
Federal .ad state C..alcs.

avoided at Portland, last week, by the
conclusion Of Judge Deadly, OF the U. s.
Court, th.t the facts in the case did not
warrant the issue. Al Lee. Chlnamnn.
convicted of murder and under sentence
Of death. was to he hung on the 20,h
inst The Attorneys for the convicted
man applisd to Judge Deadly fnr writ
OF hal,eas corpus, fsr, the purpose "t test
ing the constitutional validity IF the
Court which tried the prisoner. claiming
that TIL said Court was not organized
in accoi dance with the Stxfe constitution
and hence the prisoner was "deprived'o Of
his liberty without due pr"ccss Of law"
in violation Of the provisions of the 14Ih
amendment. Notice was served upOE
Governor Thayer to answer j" U. 8. Dis
trict Court why writ of habeas corpus
should not be directed to the Sheriff OF
Multnomah county to produce the body
of Ah Lee subject to the custody and 'le
termination Ot said Court as to his right
to liberty. The Governor courteous!y
replied. denying that the facts upon
which the application for the writ was
based gave to the Judge jurisdiction of
the case; denying thai his Court had any
power to review the decision Of State
Court on the groun ot invalid organi-
zation. and positively refusing to appear
or consent to his jurisdiction over the
prisoner. In his answ.r to the Judge
the Governor says:
Therefore, while entertain towards
you personally, and as Judge Of the
Court over which you have So long and
so ably presided, the highest respect and
regard, shall not in any manner enter
any such contest. shall endrav"r. to
the hest of my ability, to take care tlac
the laws Of the State, rs cnterpretesi by
its Courts, where they relate wholly to
its domestic concerns. ne faithfully exc
cu,ed. and leave to those who desire to
overthrow them and produce u state Of
confusion and evil consequences almost
incalculable. the whole responsibility OF
the undertaking.
Judge Deadly, who is an old State
sovereignty Democrat. took the same
view of Justice Bradley in the Electoral
Commission, accepting the de .tiacto au
thority of the State aliunde, as conclusive
ot =" due procees of law" and accordingly
refuss'' the application for u writ of ha-
beas corpus. II the Judge had held the
not uncommon view that the Federal
authorities may "go behind the returns''
to review the title of State officials de
.tacto-upon which this application for
the writ of hab-as corpus WAS based
and the Governor hal adhered to his de-
clared purpose not to submit to Federal
interference, conflict betwecn the State
and Federal authorities could not possi-
bly, have been avoided. Sheriff N"rden
was commanded in the name OF the State
of Oregon, under the signature Of State
Judge attestcd by the seal of the Court,
to execute upon the prisoner the sentence
of death, and the Governor OF the State
was bound by his official oath t" see the
laws of the State, rs interpreted by the
Courts. faithfully executed, being en-
powered by law to command the aid OF
every citizen of the State capable of bear
ing arms, when in his discretion he may
deem, it necessary to enf"re the laws. II
Judge Deadly had issued his writ it would
have commanded the same Sheriff. IN the
name and by the authority of the United
Suites, backed by all the civil and milita>
ry power, to produce the body Of the
prisoner before the Judge to await the
determination OF the Court rs to the va
lidity Of the Court which tried and SEN
fenced him. If. while this matter was
pending, the Sheriff had executed the
prisoner, as in duty hound. he would
have made himself liable to the United
States for murder-possibly for treason.
Virginia State officers are now under SEN
tence for executing State laws which
Federal Courts held conficted with Fed
eral authority. These incidents admon-
isl, US of the necessity of clearly defined
lines between Federal powers, which ore
delegated, and the inherent rights OF the