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wise Inc exercise ofthe au,5o-:.@-.-=s


ne rFoe'al officers. sIocum vs. aJsri. 0'iha
w. !: The principle Ofthis cas-. .s' s,.
% any interference by a State ofies, s1'''''
1aOeas Corpus, where impri,o,,Ss'y y s'y
fes0rted 10 by the GOvernms5, s.-'as'i s.'i "a
0' enforcing payment; and seems r a-..' . -.S'a'
the IDEA 'hat such an interfereDc,. F,,sl's' -
lawful To hold differently would - !.
subject the Government In j.. - 10
means to the supervising control of -o..s o. g
Gus officers not created by il. nor
way responsible to it = AZ


There is another resso, u,b;.s
very strongly with me asains, grs,.,. @s's1'
prayer Of this petition. Is the 6ejen3.ss..s ,l'
only party to this proceeding wab~.
is ne engaged in coa,rorersy2 n -'a
rights are to effected BY the jademe,,,
some extent This is an ex pare prors.s
But if grant the application and ,s.-,
discharge the defendant, the o,her Dsr-
by law entitled to writ of Error. n;
that party2 Piainly the Uni,ea s,,s.
seems to me there can be no other
the Constitution OF the Unfed s,5...
not permit the United States to carry
litigation or be party 10 anY suit sr
in the Courts of the United States
strongly inclined to believe, therefor ~
| have no power to award process wt,I
might very possibly require The Gorsm
ment of the Union to become a panty s,
controversy in a State Court


The right TO exercise such power =,
my mind, to say the least, very doubfal "a
| am not inclined TO enter upon ia-
ton SO very questionable. come ba,
conclusion the more readily, because
can be no doubt of the power Of tie Dz--
Judge of this District to award the wrt
10 act upon it. 1t is in my view Better
refer the defendant to hat tribunal. ,5s,s
ran the hazard of conflict Of jurisic.a
BY an attempt to exercise powers Rhi.a
long to a different tribunal.


| purposely abstain from indua-ae
opinion as to what would be ms ygan
upon the merits Of the application, iilasa
hear and determine it, thinking it bsa=a
conhne myself the single pom! % r
The decision is made.


4. Il. CLAYTON