Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1855-10-20

| It's Courts. --r.e. I'D.
The judicial power" Gays the second section
of the third article) "shall extend to all cases in
law and equity arising under this Constitution,
the laws of the United States, aud treaties made
IF which shall lie made under their authority, to
all cases affecting ambassadors other public minis
ters and coDsuls to all cases of admiralty and
maritime jurisdiction, to controversies to which the
United States shall be party, to controversies be-
tween two or more States, between citizens of diff
ferent States, between citizens of the same State
claiming lands under grants of different States
and betwecn.a State the citizen thereof and for
eign States, citizens or subjects"
The amendments subsequently made to this
article have no bearing upon the question under
consideration, norris it necessary to examine the
various acts of Congress comforting iursdic
ton upon the Courts of the United States. Tor no
act of Congress can be found extending the .uris-
dicton beyond what is given by the Constitution,
so far relates to the question we are now con
siderng. And, if such an act should be passed, it
would be in direct conflict with the 10th amend
ed article of-the Constitution, which declares that
"the powere not delegated to the United States by
the Constitution, nor prohibited by it to the States
are reserved to the States respectively or to the
people"
If this case can be brought within the judicial
power OF the Courts of the United States, it must
be either,
| 1st, because it arises under the Constitution or
! the Jaws Of the United States.
/ Or, ID, Because it is controversy between cti-
zens of different States, for it is very lain that
there is no other clause in the Constitution which,
by the most latitudinGrian construction, could be
made to include it.
Did it arise under the constitution or the laws of
tho United States In order to give satisfactory
answer to this question it il necessary TO see what
the was
If we confine ourselves strictly to the record
from the District Court we learn from II that, on
the 18th dav of july last John II Wheeler pre-
sented bis petition to the Hon. j. X. Kane, Judge
of the District court for the Eastern District Of
/ PENNSYLVANIA setting forth that he was the own
er of three persons held to service or labor by the
laws of the State of Virginia such persons being
respectively named Jane aged about thirty-fve
years; Daniel aged about twelve years. and Isaiah,
aged about seven years, persons Of coor and that
thew were detained from his possession by Pass
more Williamson, but not for any criminal or sup
posed criminal matter In accordance with the
! nrayer of the petition, Il writ of habeas corpus
was awarded, commanding Passmore Williamson
to bring the bodies of the said Jane, Daniel and
/ Isaiah before the Judge of the District Court
forthwith 10 this writ, Passmore Williamson
made n return verified by his affirmation, that
the said Jane Daniel and and Isaiah, nor either
of them, were at the time Of the issuing of the
writ, nor Mt the time of the return, nor at any
other time, in the custody, power or possession
of nor confned,s nor restrained of their liberty,
Yby. him; and that therefore he could not produce
/ the bodies as ..he was commanded.
This return was made on the Goth day of July
A. d. 1850 "Whereupon, afterwards, to-wit; On
the 81 th day of july A. ID. 1855 (says the record J
the counsel for the several parties having been
heard and the said return having been duly con-
sidered it is ordered and adiudged by the Court
that the said Passmore Williamson be committed
to the custody of the Marshal, without bail or
mainprize, as for contempt in refusing to make
return to the writ of habeas corpus, heretofore
issued against him, at the instance Of Mr.. John
H. Wheeler"
Such is the record. New while | am willing
to admit that the want of jurisdiction should be
made clear / deny that in under our hat
beas corpus act the party averring the want OF
jurisdiction cannot go behind the record to estab-
lish its nome Existence. Jurisdiction, or the alb
ence thereof is a fixed fact. 1t is tho province of
fact to ascertain what the case is, and of law to
determine whether the jurisdiction attaches 10 the
case SO ascertained And says the 2d section OF
our act OF S5, anG that the said Judge or justice
may, according to the intent and meaning Of this
act, be enabled by investigating the truth OF the
circumstances Of the case, to determine whether,
according to law, the said prisoner ought to be
bailed remanded OF discharged, the return may,
before after it is filled, by leave oil the SAID
Judge or Justice, be amended and also sugges-
tons made against itso that thereby material facts
may be ascertained."
This provision applies to cases of commitment
or detainer for any criminal or supposed criminal
matter, but the l4th section. which applies to
cases of restraint of liberty under any color or
protence whatever, provided that " the Court
f Judge or Justice before whom the party SO con
fined or restrained shall be brought shall, after
the return made proceed in the same manner as
is heretofore prescribed to examine INTO the facts
relating to the case, ana into Tue cause ol such
confinement or restraintahu thcfeupoh eiher pali'
remand or discharge tne party ~ Drought Us 10
Jushce shall appcr'aln'
The rght ana duty oil the supreme Court oi
State to protect citizen thereoi from I'M riSoh-
/, ment by Judge oil ohleu states O1ufl having
no jurisdiction over the cause Oh conP'ahi Is So
manifest and so essentially necessary uhuer our our
dual system OF government .hal oa"not oe',e.e
that this right VIII ever be oDanaoned OF he duty
avoided but II we coheege' WhaI appears 10 DC
the law OF the later cases III tne Ieuer'l Oour,S'
that the jurisdiction heeu not appear amrhatiVeiy;
and add to it that the want OF jurisdiction shail
f not be proved 10y evidence OUTSIDE OF me record
we do virtually deny to the people oil the ola'e the
right to question the validity OF an order ny
Federal Judge cons.lgning them TO ,he Waiis oi