Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1853-11-05
From the Philadelphia rcsi.tcr.
HAS A STATE ANY RIGHTS ?"

This is the significant question asked hy one Of
our city contemporaries in relation to Judge Griers
recent decision, to the purport that State tribunals
hayeno jurisdiction persons who commit crimes
under color of serving Federal writ. 1t is time
to ask it, for the rights Of PENNSYLVANIA have be n
oycrbornc, her courts treated with contunely. her
magistrates revilcd and her public spirited citizens
threatened by Federal functionary "drcsscd in IA
brief authority"
An insidous attempt has been made to stife op-
position to these anti-state rights enormities Of
doctrine, by raising the mad-dog cry of abolition 20
1t were waste of reasoning to refute cry which
is sophistica enough to require demagugica means
to give it currency. The Fugitive Slave Law and
its validity are not questioned in this case For all
the purposes Of the State tribunals the civil process
with which Jenkins Crozer and Wynkoop were
armed was constitutional and to be executed. But
il was charged that crime shocking and brutal
one-was committed in its execution. warrant
was issued, upon competent proof, hy competent
authority. Jenkins and Crozier were arrested.
Judge Grier issues writ of HQbeds Corpus takes
the Offenders from the constable goes behind the
warrant and supcrccdcs the Justice refuses To hear
counsel and witnesses for the prosecution, hears
one of HE defendants for himself and the prisoners
discharges the latter and rebukes the State for her
presumption" in venturng to defend her own soil
and maintain her own laws.
The Judge admits, that under the general au-
thority conferred upon him by the judiciary act.
the objection of the counsel TO his going behind the
warrant would have been concusiyc-bnt he shell
ers himself under the special powers conferred bv
the seventh section of the Act of Congress of the
I'd of March, lS33 chap. 81 which gives TO the
Judges of the United States the additional power
to grant writs Of habeas corpus in all cases of
prisoner confined on, or by any authority of law
for any act done omitted to be done in pursuance
Of law Of the United States, or any order process
or decree Of any Judge or Court thereof anything
in any act of Congress, to the contrary notwith-
standing"
Does the learned Judge mean to say that this
provision has anything TO do with the case before
him This is not proceeding for anything done. |
or omitted to be DONE 10 ptrsuance of the laws of
the United States" Words are things, and partc-
ularly in au Act of Congress, and it would be well
for a learned Judge to endeavor to understand
them, aud not to be carried away by overweeuing
and boistsrous patriotism. Does he mean to say |
that if one man be arrested Instead of another Il |
is in pursuance of the law? Does no mean that i'll
an unresisting man is cruelty beaten, it is in pur-
suance Of the law, because the officers hold war.
rant TO arresti Does he mean to say that if
bystander is beaten abused, it is in pursuance Of
law? Does he mean to cay that because the officer
holds warrant for fugitive, he may exceed his
warrant, and kill him or main himi Does be mean
to say that if death or personal injury ensued be-
the Judge, has the right to arrest the ohcer from
the State authority and discharge offenders from
liability to the local authority and trial by jury