The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-18

Wllkesbarre Slave Case.
OPINION OF JUDGE GRIER-PRIsoNER5 DISCHARGED.
Judge Grier, the 18th inst gave his opinion in the
Wkesbarre ave the arrest of the United States
officers The Judge said
The jurisdiction of the courts OF the United States is
limited but within its limits supreme. Tse state courts
have often in concurrent jurisdiction
the same subjects and But neither can treat
where the constitution and acts Of Congress have given
such to the courts of the Union Where
property liable 10 seizure arrest by the process
OF both that which first attached should have the prefer
ANY attempt of either to take them from the legal
custody of the officers of the other would be unust
fable exercise d its power and lead to most deporabls
consequences Therefore, il be imprisoned under
the civil or inal proofs OF one the other cannot take
him from such custody in order subject him punish
ment for offence against them fugitive cannot be
rant from the courts of the United States order
tradition under the acts Of Congress Neither such
fugitive when in custody of the Marshal under legal
process from Judge United States
be delivered from such custody by means of habeas
% or any other proofs t to answer for an offence
for any other purpose. While the act of Congress
does not forbid the issuing of habeas corpus by State
Judge, carefully guards against the abuse of it. and
makes certificate Of commissions or Judge of the
United States conclusive evidence Of the right Of the per-
persons in whose favor it is granted to
such fugitive and forbds a molestation o. such per-
persons any issued by court Judge
magistrate other person whomsoever' This act Of
Congress is the supreme law of the land and bnaing
| the conscences Of State Judges we'll those of
| the United States. Judges Of the United States
| dismiss writ Of habeas corpus or to refuse to
allow it, whenever they properly informed that the
held by legal under this act and not to
suffer it be abused by mchevous Intermediates for
the purpose of 'moestaton' of the officer of
the fugitive, in Cheating his extradton TIE laws
Of the United States give ample remedy by habsas
pus for those illegally imprisoned under color OF their
ed a concurrent jurisdiction in similar cases But State
courts Judges have power under habeas corpus to
review Or sit in error the or Of
the jurisdiction committed to them, has sometimes
DONE 1t objected that the court had autho
ry discharge the prisoners because they held
by warrant from State magistrate for alleged Grim
ina against the State of Pennsylvania and that the
warrant was conclusive evidence Of the fact. To the
habeas corpus issued by this Court under the general
authority conferred on them BY the judiciary act this
and issued under the general law but under the
special conferred by the seventh section of the act
Of Cor of the I'd of March, chap 67 which, so
far il material to present inquiry is follows
And further enacted that either OF SUI
adn Es Already
shall have grant writs beas corpus in all Of
shall be committed confined by authority or law
Of United order decree Of
Judge Court thereof anything in act of Congress to
the contrary Notwithstanding
For purpose of the discussion and argument of this
point it necessary to that the facts set forth
in the prisoners petition true leaving the proof Of
them to be made afterwards The petition states dis
tncy that the prisoners have been committed for act
done in executing process issued in pursuance of la
of the United 1t therefore within the pro-
| visions of this act.
The writ 1gsa 4 viii anGS
Of those who may imprisoned without sufficient 1t
SSay & :ass to
doabtedy nure into the Of that ex
paE,e Watkins; Peters 2olJ -. ,,su g .. r,,.o,
States by this act of Congress gives them all the power
that any other court could exercise under the wit of
habeas corpus gives them none at all If under such
writ they not discharge their officer when imprisoned
'Jy authority for an act done in pursuance OF law
of the United States, it would be impossible to discover
for Nha usefu
be brought before them only that they may
knowledge their utter impotence to protest them? This
had threatened to nuy acts of Congress- and to treat
those criminals who should attempt to execute them;
and it intended remedy against such State legis
laon If the State Of Pennsylvania had, by act of Legs
latue declared that the Fugitive law should not be
cued within her borders and had directed her officers to
arrest and imprson those of the United States who
should attempt to execute it, would not this court have
been bound to treat such act as 9nconsttutona ana
under itY And have they power to do SO when mis-
chevous intermediates endeavor to prevent and abuse
his officers may be arrested for serving process why not
the Commissioner and Judge who issued the The
EXTREMIST advocate of State rights would scarcely
tend that in such the of the United States
should be wholly unable to protect themselves or their
auences While the Marshals officers in this case were
endeavorng to retake the prisoner who had escaped
them, the person who afterwards the inorma-
ton on which this warrant was issued had warrant
put in the hands Of the sheriff, which he very wisely
fused to execute knowing the charged to be
Now, let suppose the Marshals officers had
ceeded in making the arrest, and the Sheriff had at
been the consequence If the Marshal ressts a contest
ensues which may be called in fact, between Off
each acting and usyng their conduct under proof
from their respective sovereigns If the Sheriff succeeds
probably he would the fugitive is discharged and the
officers of the United States conveyed to prison If such
state of affairs be brought about at the instance of
any mischevous unprncpled person, who is willing to
without scruple to that which he does not
to be true, perhaps knows to be false then indeed
discovered
tuition and laws of the United States Those who cee
Of Syracuse riots of the
Christiana murder may well rejoice the discovery Not
believing that the courts of the United States have
left in this hopeless condition. that required and
authorized to issue habeas corpus, without any
to release the prisoners unjusy detained the objections
to the jurisdiction and power of the court overruled
and the further hearing of the postponed till the 18th
of October in order that proof might be made OF the facts
stated in the petition and that the State of Pennsylvania
through her known officers might appear if she tit,
and show any just Of complaint against the officers
The Court then recapulatsd the facts in this case and
| concluded with the following remsrks-
We unable TO perceive in this transaction anything
worthy Of blame in the conduct of these officers in their
unsuccessful endeavers to fulfil most dangerous and dis
gushing duty except perhaps want of sufficient
age and perseverance in the attempt to execute the writ
careful examination of the testimony sufficiently exh
bits the why those who acquainted with the
facts of the have been unwilling to prosecute the of
fcers for their attempt and left to those
who, to use their language knew nothing about it
under heaven In conclusion as we find the prisoners
officers of the United States in confinement for acts
done in pursuance of law of the United States and
der from Judge Of the same that they have
exceeded the exgeny Of the proofs under which they
ed That this prosecution has not been instituted
acknowledged by the State of Pennsylvania but had
its origin in association living at distance, and
wholly ignorant of the whole transactions which they
have volunteered to investigate That the information
which the warrant to the prisoners founded
TO by who did not know whether the matter
of the alAevt presented to him true false and
that by statement Of but half the truth, it is wholly
| false.
The prisoners are therefore discharged.
/
/ FOREIGN CONsUL.-The President has officially
recognized Oh rles soule r Vice Consul of the ORR
entail republic of Urugua for the ports of Boston and