New-York daily tribune., 1854-05-26
JUDGE KAyE,s wIlKEsnARnE DECISION.

JUDGE KASE's WIr.IxEsDARRE DEciSioN'
There are a number Of instances in the history o.
Eneland-snd some have also occurred ia the history
of the United States-in which judicial decisionS
quietly made and which u the tine attracted Ou'
compsratiyely slight degree o. the Puouc '''eH,
tiop have. in their ultimate results been aIEeniel
with very grave political consequence The DECISION
for instance IN tie cese of Hrgh :. Deacon" II the
Surreuo Court Of Pe1nsy sylysnia made III loi'
the idea vss fret started that the eertcste oi Jus
flee NJ tie Peace under TIE Fugitive Act OF lfJ5 was
fn,l ,rd conclusive and would lot be inquired into
t ,pv 81, te Court led not only 70 great deal oil
state LEGISLATION designed to c0uuteTact the lrreVoca-
HE ard irreversble authority vested according to th'
dec,iop IN Justices of the Peace but finally also 70
,be fsmora. or rather Infamous Fugitive Act OF l7oY
tx which Congress undertook, for the benefit OF slave
Iunters 70 olinch the nail which the accommodating
Pennsylvania Court had first driven.
IL this country, Under our system for the admins
tration of Justice. based Oh the common law, the
Courts are 10 less real legislators than Congress and
the State Assemblies; and Judge Kane, by his recent
decision in the Wilkesbarre case, has taken another
step in that extension of the power and superemnent
authority Of the Central Government, which in spite
of al defamation about State rights has been regu-
lary going since tho first organization OF the exist
ing system.
Hitherto two theories have been started as TO the
powers of the States to protect their citizens and res
idents against unauthorized and unconstitutional in
references on the part Of the General Government
According to the southern what assumes to call it
self par excellence the State Ri ybts view, the State
Legislatures have authority interfere for the direct
and express purpose Of nullying such unauthorized
leei.laton At the North, this doctrine of nullfca
tion by direct State legislative action has never found
much favor. The disposition has prevailed there TO
employ the State judicares the means of protect
ing tie citizens of the States against undue and unau
thorized exertions of federal power. In the case OF
Ritenhouse's executrices growing ont of the famous
Omstesd affair, this doctrine was expressly laid
down by ChiefJustce Tghmsn OF Pennsylvania in
the following terms: "The United States have 10
power legislative or judicial. except what is de-
&" rived from the Constitution When these powers are
"clearly exceeded, the independence OF the States
land the peace of tie Union demands that the state
" Courts should, in cafes properly brought before
them give redress. There is no law that forbds it;
"their oath of Office exacts it, and if they do not
what course is to be taken We must be reducedto
tLe miserable necessity Of opposing force to force, and
"arraynC citizen against cizen for II Is IN vain TO
"expect that States Will submit to manifest and
fragrant usurpations of power by the United
Estates if (Which God forbid y they should ever
attempt them" Upon this doctrine OF the right of
State Courts to interfere TO protect the citizens OF the
States against abuses of authority exercised under
color of the laws of the United States has been based
the frequent interference Of those Courts for the dis
charge of minors and others unduly held under color
Of enlisments into tie Army and Navy. Many
cases have also occurred OF State Legislation in di
rect conflict with acts Of Congress with the very in
tent to bring the constuonnsy of those acts before
the State tribunals and, should they decide against
it, ard should the party against whom such decision
was made choose to carry up the case, then to go
before the Supreme Court Of the United States for
final decision.
Judge Kane in the Wilkesbarre cuts up by the
roots all procedures Of this sort. Not only indeed
does lie totally deny any ght of interference on the
part Of any State tribunal with any act done under
color OF the authority Of the United States-ex-
cert indeed in cases in which he and other
federal judges, having first satisfied themselves
that the alleged authority had been exceeded or
abused might condescend TO employ the State
courts instruments for Furnishing that excess and
abuse but lie goes to the extent Of stopping short
the regular Of proceedings in State tribunals,
whose errors law, if tLey commit any, might be
corrected by the Supreme Court of the United States
as if for the very purpose of transferring to himself
aud other individual federal Judges the decision Of al
such questions under form Of procedure which does
rot admit OF any appeal to the Supreme Court.
The result then seems to be- unless we fall back
upon tie doctrine of nullifcation that power OF
any kind whether Judicial legislative exists in the
individual States TO protect their citizens against un
due exercises Of authority the part OF the United
States and their officers; even to raise the ques
ton of such undue exercise of authority for the pur
pose of bringing it to judgment before the Supreme
Coir of the United States. No complaint inyesti-
CATION suit process, civil or criminal, of which Off
GERS Of the United States are the subjects is TO be
tolerated unless is commenced and carried before
4 United States tribunal.
This is evidently new and pretty serious blow at
the doctrine Of the sovereignty Of the States and
shall wait with some curiosity TO observe the recep-
ton il meets with on the part Of the ultra State Rights
men. What will give greater interest TO the subject
is the origin and history Of the act of Congress, under
which Judge Kane claim. the right to interfere by
habess corpus to discharge alike from civil suits and
from indictments the officers acting under his warrant;
not allowing to any State tribunal any authority TO in
Qure either into hs constitutional right 10 issue the
warrant or into the manner in which the officers saw
fit 10 execute it. That act one Of those passed
during IullifcatiOn tmes-a part Of the "iorce s!s
ITEM so loudly exclaimed ganst by the South Caro-
Inisns and their hackers. Yet there can be little
doubt that the present application of th, to
slsyecstcLers from being a. al questioned by state