The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-01-20

The Nep York Times, q paper which is
winning high reputation for its ability and
enterprise, and from which we copied the re-
port of the decision in the Eells case, publishes
also report of the dissenting opinion of Judge
Mclean. The opinion is concise and strong
exposing clearly, we think the unsoundness
and injustice of the opinion of the majority of
the Court
U. s. SUPREME CoURT-Richard Eells VS.
the People of Winois.-In the case of Prigg u.s.
the Commonwealth of Pennsylvania, the police
power OF the States was not denied, but ad-
mitted This Court held in Fox US. the State
of Ohio, How, 4l0, that person might be
punished under law Of the State for passing
counterfeit coin, although the same offence
was punishable under the act of Congress, and
consequently that the conviction and punish
ment under the State law would be no bar to
prosecution under the law of Congress. In
that case dissented, and gave at large the
grounds of my dissent
As the case now before US involves the same
principle as was ruled in that case, again
dissent, for the reasons then given, and deem
1t unnecessary now to repeat them.
IL Is contrary to the nature and genius of our
Government to punish an individual twice for
the same offence. Where the jurisdiction is
clearly vested in the Federal Government, and
an adequate punishment has been provided by
it for an offence, no State, it appears to me,
can punish the same act. The assertion of
such power involves the right of State to
punish all offences punishable under the acts
of Congress. This would practically disregard,
if it did not destroy, this important branch of
criminal justice. clearly vested in the Federal
Government The exercise Of such power
by the States would, in effect, be q violation OF
the Constitution of the United States and the
Constitutions of the respective States. They oil
provide against q second punishment tor the
same act. IL is no satisfactory answer to this
To saw that the States and Federal Government
constitute different soveregnties, and, conse-
oueptIy, may each punish offenders under its
own laws.
IL is true the criminal laws of the Federal
and State Governments emanate from different
soveregnties; but they operate upon the same
people, and should have the same end in view.
In this respect the Federal Government though
sovereign within the limitation of its powers.
may, in some sense, be considered as the agent
of the States, to provide for the general well
fare, by Furnishing offences under its own laws,
within its jurisdiction. 1t is believed that no
Government, regulated by laws, Furnishes twice
crimnally the same act. And deeply regret
that our Government should be an exception
to great principle of action, sanctioned by
humanity and justice
Ii seems to me it would be as unsatisfactory
TO an individual, as it would be illegal to say
10 him that he must submit to second punish
ment for the same act, because it is punishable
as well under the laws of the Federal Govern
ment. 1t is true he lives under the egis of
both laws and though he might yield to the
power, he would not be satisfied with the logic
or justice of the argument.
The CHICAGO DEMOCRATIC PaEss, having
got the notion that the Free Soil press has
been abusing us thus condoles with us
History furnishes no parallel to its intole-
rant spirit or to the malignisy with which it
pursues the man who deviates from its policy.
Even the unsullied reputation and gray hairs
Of DR.. Bailey furnish no protection against it.
From henceiorth he is to be pursued by inuen-
do or open assault until his influence is gone,
and then he and his paper will be swept from
their track as remorsclessly as though his
whole life had been devoted to opposing them "
We are under great obligations to our re-
spected contemporary for his sympathy, but
really we must protest against being regarded
Is an object Of COMMUNICATION. The Free Soil
papers treat us just as well - we deserve
and We do not think we are in any danger OF
extinction yet awhile
Another item: We must beg our sympsthi-
ring friend, should he have occasion hereafter
to refer TO US TO spare us those "grsy hAirs"