New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-08-08
,IDICIAL COMIrIN.

In his opinion on the Williamson case, Chief
Justice Lewis Of Pennsylvania advances the
doctrine that in the case of prisoner held by the
order of United States District Judge every
thing is to be presumed in favor Of the impris.
oDmc.t, and that even in tho CAGE Of palpably
Else and erroneous judgment the State courts
cannot interfere TO relieve the wrongly impris-
Oned man, but must leave him to seek his RENE
6y, If any, by carrying the matter before the SUI
nerOr nted States tribunals. Now, to Justify ia
the slightest degree this ayowed sacrifice b IL
dicial comfy of the plain duty of every State
Supreme court to see that there are 10 false and
illegal imprisonments within its circuit, there
ought at least TO be a corresponding comfy OBJ
served BY the United states courts toward
those Of the States. If Judge Kane's court is
such an independent and c0.equal tribunal that
the Supreme Court of Pennsylvania cannot in
tsIfere in ally way to correct its errors and rec
tify its wrongs, surely the State tribunals OF
Pennsylvania, and especially the Supreme Court
Of Pennsylvania, ought to be equally protected
against the summary interference OF the United
States courts to release persons held By It's au-
thority and to cut short legal proceedings COM
menccd under the laws of the State; otherwise
tie Supreme Court of Pennsylvania, instead OF
being what il purpOrts to be, instead oil pos
sessing an Independent authority vested ii It by
the people OF Pennsylvania and exercised in
their name has just so much authority only as
Judges Kane and Grier shall in their superior
wisdom see fit to allow it to exercise.
And such, at the present moment seems to be
precisely the case. The delicacy or timidity,
whichever it may have been, exhibited by Chief
Justice evils in refusing to correct the Of
Judge Kane, or to speak more correctly to grant
relief against his outrages perpetrated under color
Of his judicial Office, is not shared in the slightest
degree by the Federal Judges Kane and Grier
who must be now considered as having, as well by
their own acts as by Chief Justice Lewiss yolun.
taIy abGcation of authority, completely superseded
Chief Justice Lewis and his associates in their
late functions as the Supreme Court of Pennsyl-
vania On this head the facts are palpable and
beyond denial
II is less than two years ago that four Deputy
MarsLals Of the United States were committed to
prison On Q State warrant issued By Justice Of
TIE Peace in Luzerne County PENNSYLVANIA,
CHARGED with a murderous assault upon negro at
Wilkesbarre. These prisoners applied to the Fed
eral Circuit Court for habeas corpus; alleging
that the assault with which they were charged was
committed in an unsuccessful attempt to seize the
regro, under warrant issued against him as a
fugitive from labor and though nothing Of this ap
peared on the warrant Of commitment, yet taking
the mere sfidayits Of the Deputy Marshals them
selves as conclusive in the matter, and judging
from their own statements that though they had
shot st and wounded the negro, yet that on the
whole they had exercised no more force than was
necessary; nor, indeed, quite so much, since they
did not succeed in taking him, Judge Grer pro-
ceeded substantially to qussh the proceedings be-
fore the State tribunal and 10 release the impris.
oned MGrshals.
This 1t is true was only undertaking to correct
the errors Of Justice of the Peace; and to soften
the mStter little Judge Grier even pretended
that the prosecution, though perfectly regular in
its forms, was not ACKNOWLEDGED by the State
"of Pennsy lvsnia, since the prosecuting officers
of the State had not appeared in his court to