Weekly national intelligencer., 1851-05-10

provision for trial by jury We think that this could
not have varied the result The law OF 1880 stands,
in this respect precisely the ground with that Of
793 and the grounds Of argument which tend to show
the unconsutionay Of apply with equal force to the
other and the same answer must be made to them.
The principle of adherng to judicial precedent especially
that Of the Supreme Court Of the United States in de-
pending upon the Constitution and Laws Of the United States
and thus placed within their special and final jurisdiction,
absolutely necessary the peace, unon and harmonious
action of the State and General Governments The preser-
vaion Of BOTH with their full and entire powers each in its
proper sphere regarded by the trainers of the consu
on and have ever been regarded essential to the
peace order, and prosperity Of oil the United States.
this were question for the FIRST time present.
ed we should desire pause and take time for conadefaen
But though this ac the construction of which drawn
in question: recent and this point in the form in which i
now stated yet the solution Of the question depends
upon reasons and judicial decisions upon legal principles and
long course practice, which familiar, and which have
often been the subject Of discussion and dehberaton
Considering therefore, the nature Of the subject the ur-
gent necessity for speedy and prompt decision, have moi
though, e1pedient to delay the judgment have there
fore ae in behalf Of the court under the weghy re-
sponsbly which upon u.s. and the unanimous opn
ion Of he court that the writ Of habeas corpus prayed
n II be granted.
In delivering the opinion Of the court in this case allusor
was made to the condition Of the States after the peace and
before the adoption Of the constitution and what would have
been their condition, Independent States had the
announced 10 refer to this consideration in the bes man-
But as appears to to have important bearing
upon the principal question, have thought useful to state
the argument derived from that source somewhat more fully,
and to cite the authorities in support Of il BY way Of note to
she opinion Of the court.
The ausion in the opinion Of the court was to the actual
condition Of the several States Of the Union after their nde-
Pendnce had been admitted by the treaty peace and before
the adoption OF the constitution In constituting treaty or
compact made between more parties good for
expoundns the act and considering the intent and
ing Of the terms in which Il Is expressed to examine and
ascertain what the condition Of the respective parties
what would have been their relative rights powers, duties
and obligations had such compact been entered ntoand
thus to determine how that condition affected and those
rights powers, duties, and obligations limited, changed, or
qualified by the actual spula,ions Of the compact
too clear and manifest to require proof that ndepen
IDENTIFY Of the qualified alliance created by the articles OF con-
federation, which conceded contained stipulation on the
subject OF fugitive slaves the several Sses would have been
sovereign and independent invested with s the rshs and