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

abandoned; the Convention pie'e'I.S -seoef W III
chr The hazard OF collision trusting 20 the good sen.e
ns,,;ot;, and forbearance OF the two Governments,
and the people, 10 meet and PROVIDE ior eacn emer'
oepcies az they might arise o1aD 20 creaae one soe,
Ultimate tribunal, which might elmer sosuset ron
and destroy the efficiency Of the one or aos 'ro AZ
The 90, ere Of the othe,; leave the one mere leagas
or The other mere dependent colonies Of eoDs>,li-
dated Government, accordingly as direction or bias
might chance TO be given it by Temporary e1lSeneies
incident 10 The commencement OF new and unified
eysttm p.s., c,.
II is clear, therefore, that the Federa government
can only operate within the pfescrDea here marked
out by the Constitution OF the United Sstss; t1at,
that GoyerImept il at all times aDswersb,e 10 the
S,ste an Ear AZ IN bring their action xighL the chsrer
thai the iuaicia power OF the Ulion is As much cir
cumscribtd by TIE Constitution as every o:her depart
ment Of the Federal Goveynment: that an Ac: OF
Congress wthou, the Constitutional sphere, would be
no law; thst q judicial determination without the
Constitutional sphere would be no Judgment, sen
tence or decree: that OF the acts OF Congress the
State JUG cisry sre bound 10 judge, whenever they
are brought before it, 20 as 10 ascertain whether such
acts are made in pursuance I" Of that Constitution
because that judiciary IL bound thereby.
The States never yielded to the Federal Government
the guardianship of the Liberties OF their people 10
fec carefully sve ,ied instances they delegated 20
the Federal GovernneD t the power 10 pu1ish AID 30
for and go far only Withdrew their protection In sl
else they rererv. The power and continued the obi
gsiioD and duty upon themselves to secure the rights
Of their citizens, declared to he insliensbe, viz:
" life, liberty and the pursuit OF happiness.
twill readily BE- conceo ed that the provision which
the people have made in their government, for the
protection OF these righs in them individually, IS
found in the Judicial d. psrimen mat Is the arm oil
sovereignty which they invoke when these rights are
individually invaded. Every citizen has the right to
appe to the fuuoamerts character OF both sovereign
ties TO which he is subject to test the validity OF me
authority by Which his right TO liberty is denied Ii
foows Therefore, tina, the porer which be has the
riebt 10 invoke in his behalf, must profess the right to
inquire into the conformity With the autoonty SET up
"a. r. L. -.nta1 t.o- A..
bis natural rights, with the fundamental Jaw a.
the State JUG cisry the only power TO which the
guardianship Of individual liberty il pr1sted II fol-
lows that it have the right TO inquire into such
conformity.
hiss never been surrendered by the States 1t is re-
serye ed to them and the people thereof snce 1t -
original in the Ststes II original then the appropri-
ale noe and insTumentsties incident TO It's exer-
cise are alike reserved and original Among such
ipsirumentalities the writ Of habess corpus Is es
pecially recognized in the Federal Constitution and
positive exhibition upon the power OF Congress 70
interfere with its scope and functions except 10 speci-
fed Cases 10 carefully inherited. As II 1t were not
epoueb 10 restrict the Federal Government 10 the
specifically delegated powers but to render the pc YER
Of the States more conspicuous, certain and efhca-
cous, for the protection of individual liberty, all
power on the part Of Congress- TO suspend even the
benefits of the writ Of habeas corpus, is expressly
denied.
Therefore 30 far as the proceeding under this writ
lie concerned it is original, and from the necessity OF
G, III
and as Congress cannot suspend ts benefits, it can
not abridge the power and jurisdiction of the State
judiciary; il follows that it grant 70 no one ex-
emptiOn from the obligation of obedience to its man.
dates And it a. clearly follows that every individual
within the State matter by what authority he may
claim TO act, is bound TO obey the writ because no
power earth sbsolve him from his obligation
of obedience.
1t lie sometimes said that this wrs is in the nature
of writ Of error to review The proceedings OF an in
feror court or magistrate This is sometimes true.
But without stopping here to inquire, whether for the
purposes Of this writ the inferior United States Courts
be, be not inferior 10 State authority regards the
Office Of the writ in proceeding like this. il can
hadly partake of the nature Of writ OF error.
Every sovereign power has right to inquire into the
condition Of its subjects and the authority
of their imprisonment. This writ is the appropriate
means of such inquiry. When the State uses it TO in
quire wi ether the citizen is Imprisoned by virtue Of
power which it has delegated to another Govern
ment, does rot bring the proceedings of that Gov
erImen into review; 1t only seeks to inquire whether
the case falls within it's own reserved powers If
within the scope Of the former, it yields to the para
mount authority which it has helped to rest II not,
it dsposes of the subject matter according TO ts own
| foIms OF procedure.
The obligations of the State and Federal Govern.
mems are herein perceived 10 be mutual and recpro
cal The one 10 abstain from interference. whenever
il perceves the subject matter TO be within the at
tached jurisdiction Of the other, and that other to
show that the authority which 10 claims 10 exercise is
within the powers delee ated and which it may right
fully exercise. There is little danger Of troublesome
collision so long as each thal be willing to measure
its functions by the standard created by the ultimate
source Of all power But II, 10 avoid collision, an ab.
soute unique stiopiDg submission on the one hand is
requisite and on the other perfect immunity TO
claim ard usurp all power, and to be the sole and ul-
innate Judge Of the validity of its own claims then
collision ia the preferable alternative because COLLISION
ipyokes the arbitrameDt Of the ultimate source OF AL
now err the people themselves, whose judgments and
DEGREES are made and pronounced by the peaceful
and constitutional means which they had the wisdom
and foresight 10 provide in the organization of the
Government Collisions Of this kidd are by no means
new in this Government. They have occurred from
time 20 time the supposed exigencies of the coun-
Try have called into exercise new powers, or seemed
10 require the adoption Of new measures. But such
! collsons have all along our history found their ap-
propIiae remedy, in the awakening of inquiry, in
recurrence TO primary and fundamental principles
and In return 10 the constitutional sphere And so
it will ever be until one the other shall rashly and
madly rush on TO extremties in defiance OF constu-
tional remedies.
The State Judges and Courts are as much bound 10
support the Constitution and laws of the United
STATES as are the Federal Courts and Judges. can
not yield 10 the assumption that the former will be
less mindful Of their oaths and obligations than the
latter, though can readily perceive why the State
judges may be naturally mindful Of the
exact line Of demarkatiOn between delegated and
served powers because they under the additional
obg alton 10 support the Constitution and rights Of
| the states.
Ifthese views be correct, how stands the present
csse 1t is clearly duty 10 grant this writ TO in
quire into the of the prisoners capture and de
tention. The return Of the respondent sets out such
Our next duty is TO inquire into this return,
in order 10 ascertain whether the prisoner held by
virtue Of any legal authority. II will be conceded
that the only nghifu authority by which he can be
| imprisoned must be exercised either by the Govern
ment of this State by that of the United States.
No ether earthly power rghtfully interfere with
his right TO liberty But it is conceded that be is
held BY the authority OF this State. The step in
the inquiry lie 10 ascertain whether he Is held by any