New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-02-13

- the power TO protect Der own
60 ,b.. p-eintan and defend, 10 al ,ne. M
'.' ~rit Of Hateas Corpus and the ngn' Oh
i'' y Jmy.
OPINION OF JUSTICE SMITH.
In the m0:tr cf the pett'on O joan hyc,gs IT, IT,.
ryit Of Ho5e6, CORPUS and 10 be duesarged Jron n
,mnyisonmtnt; and in the matter 81 Skermza NJ
Booth. 40 o..Ar,;.uv tho
The facts in these two cases are essennany .ns
came. and 30 far az the obeervst'ohs, wnicu ,1ei
called ppcn to MAKE to ~t Both and Therefore for the
.ste of cSpvsp:nce, reference will be made to the
pttition Of Rycraft only.
On the application OF sherman NJ BOON, a. tne
Last term CT This Court for writ OF haoeas corpus
no copy Of the indictment was presented, but only
cony OF the warrant upon which ne had been arested
which recited merely thst be had been indicted under
the Act Of Congress Of 1880 for aiding the escape OF
one Joshua Glover, sc. This was an ordinary oench
warrsLt 10 bring in defendant TO answer to an IN
clement found in the United States District Court,
snd il appeared TO US tina; we ought not aho inuee
without an inspection Of the indictment We coulu
not interfere with the regular cotton OF IN Cout
but were bound to presume that # the indie'nse',
vbe at the proper time il should be brought ioi
examination failed to present case oi nnoi 'un'
Court bad jurisdiction, or charged no onehse ~ s''
the Court 10 which 1t was formed wouio 30 aecae,
and hat eli such questions were preliminary "iInin
the proper scope Of the power OF that Court but
now the Gaze is difierepti ell those questions nave
been properly urged, ard without avail; ana the pc
the officer that he has been pressed on 10 convc
ton and sentenced 10 imprisonment, and IS now &C.
tusy imprisoned, within this State, and that the soe
authority therefor transcript OF the record OF such
conviction.
The first, the fundamental question which the case
presents s Has this Court the power TO inquire mo
The lee atty of the authority by when the pisoner
heidi
n seems 10 me that the solution to this question Is
TO be found in few simple elementary propositions,
which REQUIRE little or no proof or argument to gus
tain them.
II is the tuty of Government to protect and secure
the rights Of the citizen, among which Is the night 10
liberty.
This duty Of the Government lie to be measured
only by the extent of the individual right and IL Is
bound 10 provide adequate TO the end IN view.
If the Government be complex, the means may be
diributed and the obligations Of duty divided but
net 20 as fall short Of the object to be accomplished
Ours 10 a complex system, with distributed 20 Fers
TO each Of its parts but all lis parts constituting an
Entire soyere,nt and so OF course IN duy bound a'
q whole 10 furnish complete protection.
Whatever powers and duties are not delegated or
assigned to ole department or branch Of the entire
sovereignty, must remain in the other.
If the one be made up Of delegated and the other
Of rtseryed powers the duties assigned to the former
can only be zoe extensive with the powers delegated
and the duties Of the latter must be commensurate
with the powers reserved, and those powers ade-
guate 10 every emergency, not within the scope OF
the former.
The Federal Government is one OF delegated pow
ers, the State Government one OF reserved powers.
The former competent 10 act only within us pre-
scribed boundary; the latter exercising all the func
tons Of sovereignty which have not been delegated
TO the former.
The power to guard and protect the individual hber-
~ of the Citizen is OF the reserved 10 the
States. 1t was never granted to the Federal Gov
erDment, Except in a very few prescribed cases
which have no bearing upon the present inquiry has
been claimed for it, but always conceded to the
States.
Il .
individual liberty Of its citzens it must necessarily
have the right and the power TO inquire into any au-
tbority by which that liberty is attempted to be taken
away. But the power to inquire, includes the power
such Imprisonment is attempted, implies the obigs.
ton Of the person imprisonDg TO respond The night
to demand such authority on the one hand, implies
on the other the duty TO exhibit 1t.
Again, tho States have delegated to the Federal
Goyelnmen the power TO impison its citizens in GER
tain cases, but in other So far then, as that
Government acts upon the power thus delegated, the
States cannot interfere 10 protect its citizens but IN
eyery other Gaze they not only have the power, but
il il their solemn duty 10 inferpose their authority AS
the power by which the Federal Government can IN
pIiron, is delegated power, it is bound to show In
every case whee it imprsons that it is acting upon
some power delegated IL must DC no'hin''eN ~
1.-the bond"
The Constitution of the United States is the deed Of
grant, expressed by written charter OF all the powers
delegated 10 the Federal Government. The States
seversly retain all else Of sovereignty limited only
by the local Constitutions prescribed by the people
of each.
Therefore to me it is plain, that when the Federal
Government attempts TO &C. in given case, II Is
bound TO exhibit case within its prescribed powers;
for were il otherwise it would involve the assump-
ton of inherent powers and transcend ITS chhr'er
As the States deleg ated, and the Federal Govefn-
,.snt took mower the latter is at all times ans SeraDe
10 the former and may be required 10 eAbioit the
deed by which it claims 10 do or refuses TO perform
any given act when 50 required by the primary orig
ipsl authority. .
In the Constitution of the United States sound poll.
CIV required the incorporation OF function by w1ch
tie Government, thus created, might be such 10 fac,
and hence be enabled ~ act upon individuals IN all
of the creative constituent sovereignties This could
oily be accomplished by the creation OF Judicial de-
parimeLt, supreme and independent within its pre-
scribed sphere whose process should extend to every
citizen But in giving up this vital element OF sover-
eighty, the States carefully guarded it, he5ged It
about with provisions which it was supposed
were impossible. They prescribe its extent in words
oct carefully selected, whose import could scarcely
yenturesome mind would rush. The Judicial Pc wer
shal ereNd TO all cases in law and equity, arising
under this Constitution the laws aud treaties ade,
or which shall be made under their authority C.
The wores extend 10" might perhaps, upon the the
ory of liberal construction be held 10 be exclusive in
their import il not for another provision OF that
instrument which will be presently noticed. But the
yery selection Of the words extend 70, when We
confider the extreme caution observed by the mem.
bers Of the ention which framed the Consttuton
ous ht 10 admonish against rash assumption OF ex
elusive jurisdiction. That which merely extends TO q
particular subject class of subjects, cannot upon
any legitimate mode of Interpretation be considered
as comprising the whole of such class to the exclusion
of every other power. Several powers may extend
to given class of subjects But one can compre-
bend them all. The extension of power TO subject
by no means merges it exclusively within such power.
But We are relieved from the necessity OF criticism
upon these woIds by another provision of the same
instrument, in the following words:
" This Constitution and the lars Of The Used States