The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-07-31
Court Of Common EAleas-In Chambeis,
Before Hon Judge Woodruff

IMPORTANT OPINION As To THE JURISDICTION CT THE
STATE COURTS.
JuLY 3o.-IioJonS Crpus.-In III. Mass1 Of .1rgL,ose
BorL-r, PIRATE soldier Ire L. s. .my--Iis Honor
Judge woodruff gave his dsction in this The
turn 10 the has corpus enlistment in tho service
Of tho United States. The 10 the return was
that he Is an infant undo, the Of twenty years
is sufficient TO establish the facts set up the
IL II objected that judge Of state Court has aojurs-
legality ofan enlistment Thai ths
prisoner being by color under prctsxt e authority
e.smn is 1sy such an "pon was
expressed by DISTINGUISHED Judge u our Superior Court
in the of Ferguson Johns 53 But all tho other
judges refused distinctly, to with hna iu that
opinion and the learned jurit in his oemments-
res the subject regards the question settled
favor of such juriscissn The of Stacey 10 Johns
32S though not a whore the validity q enlist,
merit inquired, inte, did, nevertheless involve the
right Of the sstS Court to inquire into As legality OF
what done bv officers Of the United sates
States Since tia decision OF those the iurisiic
tion has been constantly exercised in tAls State So
constantly indeed hat the renewal OF TIE objection at
this day. was the cause OF some surprise In other
States this Isrisdscon has in like manner been con-
stsnty exercised The learned Judge re:asTcd to balls
Law Jour % 100 :}o II Mass 81, Sergeant Constitu-
tone Law 279 2s2 II IL matter 81 notoristy that
such proceedings have been commonly entertained In the
State Courts Of this and adjacent states Therefore un-
less the Law Ct September IS Il ~ has deprived the state
corrs IS Jurisdiction must regard It ~ settled by
thoTity thai IT. l. my duty oexrrcise IT, On that sub
ject have discretion The statute OF tits State ~
prcDp:oIy, ard II the restraint Is Illegal am bound To
dhchaTse. The rcerrt act makes Il the duty Of the
Il he simy the United States who ~ the time his
enlistment under the age ~ tvrptyobe ycars upon
evidence being produced t. HIN that suc, eulismen.
without the of his Issent guardian II IL
insisted that b, making IL the ciy 81 the Secretary IL
Var TO discharge in such case the Congress " the United
States have by Implication, deprived tbs State courts Of
Authority 70 interfere; ard yrt 1t l. conceded that the
United States Courts have Jurisdiction by hrtrcs corp
Notwithstanding the late Act The act does not In terms
make the power of tho Secretary II War this b
ject 'Scuye This giving Of such power 10 the Sccro-
terry q War ard IT, cxCrciae by him T. not rconistenl
with The concurftu authority OF the States courts IT,
exercise The power 1t conceded that the United States
Courts s have juri-diction Under the judiciary
the Judr's n tbs Jred States Courts have the Sho
iity End there smoothing in terms by implication in
the recent Law, % deprive them Of IT, Aud u may well
be doubted wethrr, IN. Law had in tcru cCnincd tho
right 20 dtchage 10 che secretary VI Wa, II would not
have amounted IN ritt 90 suspension ~ the writ Of
hai.ds plfs, and 80 have been itcf Unconstitutional
Tho existence Ct th concurrent authority in the United
STATES Courts has not already stated been hrl to de-
pri,e the states Courts Il the like roer II GOT theo
the giving merely concurrent authority Go tn Score
tary Of ar cannot have that ecct The pds"Us, must
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