United States v. Shipp

Background

Ed Johnson, a Black man convicted of rape in Hamilton County, Tennessee, was sentenced to death. He filed a federal petition asking the court to review his custody (a habeas corpus petition). The federal courts denied relief but the United States Supreme Court allowed an appeal and ordered that all state proceedings be stayed and that custody be retained pending appeal. Sheriff Joseph Shipp and deputies were informed of the stay, and that evening a mob broke into the county jail, took Johnson, and lynched him.

Reasoning

The Court addressed whether ignoring the Supreme Court’s stay and taking a prisoner was contempt of this Court. It explained that whether the lower habeas courts had jurisdiction was for the Supreme Court alone to decide and that until it did its stay had to be obeyed. The Justices found evidence that the sheriff weakened jail security, did not meaningfully resist the mob, and in effect aided the attackers. The Court therefore held several defendants in contempt and ordered further process against them while clearing a few others.

Real world impact

The ruling makes clear that federal court orders, including stays, must be respected and that local officers can be punished for helping or failing to stop mob violence. The Court ordered attachments and possible punishment for contempts and thus reinforced the federal power to protect prisoners and enforce its mandates.

Dissents or concurrances

A dissenting opinion argued the evidence did not support convicting Sheriff Shipp. Justice Peckham said witnesses showed no clear conspiracy, many respected citizens saw no danger beforehand, and the sheriff was seized and overpowered when he tried to enter the jail. The dissent viewed punishment of the sheriff as unjust on this record.