Facts
- James M. Davis, a federal deputy collector of internal revenue, had statutory duties to locate and seize illicit distilleries and related apparatus.
- During an attempt to enforce federal revenue laws by seizing an illicit distillery, Davis alleged he was assaulted and fired upon by armed men and returned fire in self-defense, killing J.B. Haynes.
- Tennessee indicted Davis in state court for murder, charging that he unlawfully killed Haynes with malice aforethought.
- Before trial, Davis filed a verified petition in federal circuit court seeking removal under Revised Statutes § 643, which permitted removal of state civil suits and criminal prosecutions against federal revenue officers “on account of” acts done under color of office or federal revenue law.
- Tennessee challenged both the constitutionality of § 643 as applied to a state criminal prosecution and the sufficiency of Davis’s petition.
- The federal circuit court judges divided on these questions and certified them to the Supreme Court.
Issues
- Whether Revised Statutes § 643 constitutionally authorizes removal to federal court of a state criminal prosecution against a federal revenue officer for acts allegedly done under color of office.
- Whether Davis’s verified petition alleged enough to bring the prosecution within § 643 and thereby effect removal.
Decision
- The Court held § 643 constitutional as applied to state criminal prosecutions against federal revenue officers for acts done under color of office.
- The Court held Davis’s petition sufficient under § 643; upon filing, the state prosecution was removed to federal court.
- The Court answered the certified questions in favor of federal jurisdiction and Davis’s right to a federal forum.
Legal Principles
- Congress may provide a federal forum, including by removal, to protect federal officers prosecuted in state court for acts connected to executing federal law.
- Federal supremacy permits the national government to prevent state proceedings from obstructing authorized federal functions.
- A state prosecution may be removable when it is “on account of” acts done under color of federal office, even if the charge is a state-law crime.
- Under the removal statute, a verified petition that facially alleges qualifying federal-officer conduct is sufficient to transfer the case to federal court without preliminary adjudication of the merits in state court.
- Removal reallocates the forum for adjudication and does not invalidate state criminal law; it applies only to the limited class of prosecutions tied to federal authority.
Conclusion
The Court upheld a federal-officer removal statute and confirmed that a state murder prosecution could be removed to federal court when the defendant plausibly alleged the killing occurred while performing federal revenue duties under color of office, with the verified petition itself effecting removal.