New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-08-18

feeble tribes oil tropical saVages. but Ia tue
course Of twenty years this yenomous charge,
once certainly very potent, has los. good deal
Of its virulence. Twenty years ago such fling
in the columns of The Courier might suffi ,e to
get up mob and cause a mans house to be torn
down about his ears; now it may af,rd some
qualification to aniie spite, but IS incapable, az
least north Of Philadelphia and out Of the juris
dictiou Of Judge Kale, Of doing any harm ex-
cept to few OLD Hunkers Of exceedingly weak
nerves, among whom We do not class curse ves.
We look upon this charge Is very light
matter. Neverthe less, if The Courier will per-
sst in it, we shall demand that journal which
undertake, to rebUke the profound ignorance"
snd the "misstatements" Of others shall, in
making this charge against US keep at least
within the verge Of possibility. The Courier Is
at full liberty to charge us either with "ultrs
" AbOlitiOnism," or with Qualification" or ia
deed with BOTH if it pleases; only we would re-
specially suggest that both charges ought not
to be brought together in the same article, sin %
they are contradictory, incompatible and wholly
Inconsistent with each other. The ultra Adolf
tionists of the Garrison school hold precisely
to the same views Of Constitutional law main.
tanned By Judge Kane and tn. COgritr, and 1t is
because they do sO-because they believe in tue
legal omnipottncy Of the Federal Government
that they raise the cry Of Down with the
"Sccursed Union finding that Union, SO In
terpreted and so understood, yoke too grew
GUS 10 be borne The nu,lIiers, on the other
hand, give an Interpretation to the Constitution
of directly opposite character. They find IN
il no Warrant for any assumption Of supreme
power on the part Of the Federal Authorities.
In disputed cases they claim for each State
Legislature the power to nullify the acts of the
Federal Governmental remedy which, as they
say, while it defeats the wrongful action of the
Federal Government az to tina. particul-r
matter, still leaves the Union 10 foil force-it
being the grand argument of the South Caro-
lima nullifers in favor of their doctrine, that 1t
tends TO strengthen the Union, and make it
perp, tOal by removing the only probablc cause
of dissolution, the oppression, namely, of one
or more States by the rest. Those who, with
the Nullfeis, hold to power in the State Leg
islatures to nuilify acts of Congress, evidently
have DO occasion to cry with Garrison, "DJwn
with the aocuIsed Uaionr for the sake of
getting rid Of those acts.
1t is impossible that we should be at the same
time Garrisonian AbolitOnits and South Caro-
lima Nullifers; and in fact we are neither. In
calling as we do upon tse State tribunals to
protect us aud others against violence, op-
preston, usurpation and wrong, whether on the
part Of Congress or of the Federal ldges, we
occupy ground wholly distinct from either of
those parties If The Courier fails to perceive
that distinction, such failure only gives, to use
it's own language, "the clearest evidence OF pro-
found ignorance" Before under taking either
to chi6e or TO correct US, would it not be well
fer that journal 10 obtain knowledge of "tho
facts VI the cases" and of " the legal principles
involved" such as might suffice to save it if
not from being false accuser, at least from
bringing charges which contradict each other
On the whole, however, if obliged to choose,
we should prefer being attacked to being de-
Tended by The Courier. While seeking to inter
pose the shield If its legal knowledge and con-
opinions for the protection of Judge
Kane sgainst the assaults of THE TRIBUNE, it
levels deadly blow at that unfortunate Official.
1t justifes Judge Mclean in dischacging the
imprisoned Ohio Marshal on tbs following
grounds:
The Commissioner had jurisdiction of the case of
Rosetta and it outrage on justice and Law for
Judge Parker to interfere and take the case from the
Comu issioIer before he had given his decision. No
Judge Fedtr raj State, could in this manner arrest the
Of the Commissioner whose jurisdiction had
attached, and which was In course OF Delng exer-
cised.'
Now, if this be so, what is TO be said Of the
action of Judge Kane in interfering, as he did
in the WilkesbarIe cases, to take from the Su-
preme Court OF Pennsy lvania and from the Luz
zerDe Criminal Court before they had given
cir decisiOns-in the one instance civil case,
in the other a criminal case-of which those
Courts had unquestiOnsble jurisdiction
The Courier further observes with respect to
this decision of Judge Mclean;
"Judge Mclean did not take jurisdiction as having
an apI eato power the State Judge, but on the
ground that bis proceedings were utterly void and DO
lawyer worthy Of the name of lawyer could have come
to any other conclusion
Now this is precisely the ground upon which
we call upon the State Courts of Pennsylvania
to discharge PassmOTe Williamson from the un-
fulimprisoDment in which he is held. Jadge
Kane Undertook in the first pacs to act in
case of which he had no jurisdiction, and in the
second place in so acting committed gross
outrage The Courier indeed assumes that Judge
Kane had jurisdiction to issue the writ of habeas
corpus as he di6-that is TO say for The purpose
of putting Wheeler into possession of the three
persons of whom he claimed to be the owner or