New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-02-28

nv ht sgsnst pers acting a. officers OF the Fed,
s,sl S;overpmens The public officers OF the unile1
elss,e,-cvn military and naval. They are engaged
In executing laws relating 70 the army. soe AZ
customs, the public lands, the Pos:-Ohce tue JUL
ciny and foreign relations These asen,s may
called upon 10 answer By any person VINO s3g!esya,
eiher 10 the proper Federal Court or in Court 0, .ne
state where the grievance happened. a csss "n'on
will Illustrate the subject now occurs " me:
three years ago succe.siany a. sc,ion On the
ease which had been brought IN Justce Court Oh
The State Of New. York by woman, against post'
master who had refused TO deliver 70 her ne.sp.-
pfr. on which the postage which could De risn.
kly demanded was ole cent The Postmaster
VI, sSed beSore the Justice and before the Sdpre ne
Conrt of the State before the Court OF Appeals OF
he State that none but Fedora, Court could assume
nri,dictiop in the Gaze. When his plea WAS foal'y
ovmruled in the Court Of last resort 10 the state he
sppesled from that decision to tie Supreme Court OF
he United States. Tha: Court affirmed the decision
of the State Court, and thus defined the lay to PEI
that United States officers are amenaole 10 civu
actions in the State tribunals. The Law now rem AIN,
as it was then expouDded. and so 1t has always s'1u
since the establishment Of the Constitution ueH IL
is wise and beDefceht, because II SURROUNDS .ue CIV
zen with q double safeguard against e1tortlon, op
pyt ssiop and every form Of injustice committed oy
he authority or in the OF the great central ES-
ecu,ive Power. The secood question IS, What Is the
nature and extent Of the change when you 70
make by the bill which is under consideration That
IN, sion ia answer ed in q word. Whenever the rights
Of citizen are invaded in any Stste within the Union
by person holding com mission, whether civl or mt
itsry from the President of:he u he email henceion
have opy single safeguard, instead Of that double
napopJy which has hitherto shielded him, and he must
cber forego redress seek II in tribunal OF tae
United States, in which justice 10 administered oy
Judges appointed by the President and the Senate,
and jrIemOvstle except on impeachment 10y the House
of REPRESENTATIVES and therefore, responsible In the
least possible gree TO that wholesome public opinion
which is the guardian Of pubic liberty. Every post
master and hs de ruy every msreh7l an Ms oepuy,
every mail contractor every stage-driver every tide
waiter every lieutenant every ensign and even every
nidshpm8p, will be independent OF State authority,
and when prosecuted before Magistrate or Court,
in the immediate vicinage where his offense Is co NJ
nitted will defy the party aRgrieved AM remove
the action commenced against him into Federal
tribunal whose terms are rarely held, and then In
rem ote ard practically inaccessible places One-half
OF the power residing in the States Is tous 70 De
wrested from them at single blow, and they
will hencefoth stand shattered monuments OF earlier
greatness. No such change as this was anticipated
by the trainers Of our Federal and State Constitu-
tions. They established the Federal Constitution
chiefly for the protection Of the whole country against
foreign dangers. They gave to it stronger Execu
tive than they gave to the States, respectively They
established the State Constitutions cneny Tor the pro-
lection and defense of personal rights. lhey kne"
that this Central Government would grow stronger
ard stronger, and would ultimately become an im.
perial power 1t has resztd that expectation, and
has be come even a Continental Power. Hitherto the
cit z.n has enjoyed his double sategua why snsli
oDe-half of he panopy be now torn away from him
What lawful and proper object Of the Federal Gov.
eirment hes failed TO be obtained by re ason OF the
exercise of jurisdiction by State authorities over
officers of the United States None. Why, then,
shall the ancient Law and custom be changed
Is there danger that the citizen will be too Sc
cure under that double protection OF the State
Courts and Of the Federal Courfs That was not the
doctiiIe of the esIler days, and that is not sound
doctrine now. demand, in the third place, reason
for this innovation. In reply you urge, first ptece-
dent. Preoedthts, in every country are the star
way Of tyrsnts. What is this precedent 1t Is Ia"
which protects the public Treasury, by withdr awing
from The Stale Courts certain actions against Collect
ors of the revenue. Who knows nov, without more
examination than you allow time for US to make, on
what ground, or under what circumstances, or upon
what exgercy that single departure from the ancient
system was made do not know that should have
be en- in favor Of that departure. Nor can you show
that the il novation thus made, and which you now
plead as a precedent, was necessary. We are al
WAYS wiser in our Judgments in retrospect than in
anticipation. / can see, when the precedent
is pleaded to justify further departure from the
ancient tystem, abundant reasons to regret inst
the precedent was ever established. You tell me- 10
the next place that there is danger Of nsubOrdnstion
de- niger that the State Governments will nullify the
lave Of the Federal Government This is al ways The
ready Plea for Federal usurpotions IL lie the same
ground which the British Government assn ned
toward British subjects in the American Colonies,
when it transported them beyond seas to be tried for
pretended off noes / proclaim in your ears here,
no Necessity, and no shsdow Of necessity for this
great and fearful change. From every tribunal in
spy State of this Union which render. final judg.
- Mt that can effect the rights OF any public officer OF
fLe United States there Is appe 4, TO the Supreme
Court Of the Uoed States, reserved t, him by the
Constitution and laws of the United States and that
high tribunal can, merely by its mandate, annu thar
judgment and discharge the party from all It's con-
teaue nces The and this alone, was the security
which your forefsthers established to prevent Tue
evils and dangers Of characterization by the st,te
e%'nSii't Of f.hs United States WA. submitted
10 the people in the several States 10 be adopted by
them the chief objection which was urged a. anst it
the objection which was urged with the most zeal the
NEST eIe rgy and the most efect-wss that the lib
cities Of the citizen would be brought into jeopardy
by the extended power OF the Federal judiciary
So strenuousy this objection urged that the Con-
titution not adopted until 1t was demonstrated
by Hamilton Jay and Madison, in The Fedeza'ist,
that the State jurisdiction, which you are now about
to strike down. left to the States, and could never
be wrested from them without an act OF Congress,
which there was no reason to presume would ever be
passed. Sir, this il an important transaction. l
warn you thst it is transaction too important to be
suddenly projected, and carried out with uausual
and unseemly rapidly. 1t is a transaction that
will be reviewed freely, boldly, and through long
yesrs 70 come. You would have done we'll to have
given us a week, day, or at least one hour. to
prepare ourselves with arguments to dissuade you
from your purpose and to stay your hands; Suffer
do,e well if you had allowed yourselves time to con-
sieer more deliberately the necessity for .sure go
bold, and the consequences which must follow it.
repeat Sir that there is nc necessity Tor thus act 10
every case which is intended to be reached by it! the
mandate Of the Supreme Court of the United States
arr uls the judgment of the State Court, which has
mistak en- irs powers encrosched upon the Fed
ers authority and the State ITSELF with all its dignity
and piide falls humbled and abased at the foot Of
central and imperial powsr. I hasitually conten
plate every thing come cted with the development
Of the resources, and with the extension and az
nd oIory of this nv country with