New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-01-29

lis right TO liberty ~ Cebltd. III tVho"N,
tst tie power which he has the right to invoke in his
bela must poss, the night to inquire into the con-
formy of the authority set up over hrs natural ngn
with the fundames tai law As the State Judiciary y
tie power 10 which the guardianship OF individual
Liberty is intruted, il follows that it must have the
night 10 inquire INTO sach conformity, nnreerfted oy
and independent Of, the power which demands hi' 'm
piisonmeDt. .f-' f'at ~
into the condition of the citizen and 10 be- Informed Of
the causes OF his imprisonment restraint has never
bsen surrendered or ren9ushed by the Stairs. II Is
one of the highest attributes OF sovsressnty We look
In vain among the various provisional otthe Ccudtu-
tion 10 frd II delegated TO the United States Govern
m,n or any department thereof Nor is the rehnaush
men of this power found among any OF those prohibited
10 the States Without the tenth amencmentf would
he clearly reserved TO the States because original
and inherent in every government. IL 80, then the
aprruprate means and nstrumentaities srs ahke re-
served Inherent and original. Among such nstrumen
taes The wit ofbabeas corpus Recognized
by the federal Constitution and positive Inhibition
upon the power OF the Government TO interfere WIN us
scope and functions, except in specified cases, care
fuy inserted. As II II were not enough 10 restrict me
General Government to is specifically delegated pow
ers but 10 render the power Of the Sates more con-
spcuous certain and ecacous, for the pcoctiion oil
individual liberty and for the resistance OF nnahhor-
ized unconstitutional power all power on thu part OF
Congress to suspend even the benefit OF the writ OF
Labcas corpus is expressly denied, "eSot ia eases Of
"relell,on or isrdsiOn.' Art. l. sec. =, clause 9,
Copst. L. s. 10 ..
Therefore, so far as the proceeding under this wrt
Is concerned ii is original and from the necessity OF
the case the jurisdiction of il is original IN The states
and as the Government Of the United States cannot
suspend its benefits il cannot abiidge the power sau
jurisdiction of the state Judiciary IN regard 70 any OF
MI questions which the of the writ may present
mar eff federal jurisdiction among the satsr and
that TO no one can be granted exemption from the obi
CATION of obedience 10 IFS Mandates and Clearly TO-
lows that every individual within the state, no matter
nv whatsoever auti ory lie may claim TO act Is bound
10 ob.y the writ when issued by the proper Stass
authority, because the highest earthly power whicd
might otherwise at times be Lost sight OF has expressly
commanded such obedience ard iphrbted tse ex-
er.ise of any power which might thwar lis purposes
No person can be mpt fom obedience 70 ,ts mar
date aud every act of the National or State Lcgisla
ture which directly or indirectly aofosetes % even
pends its benefits except in the case vt rebellion or
inv asop is, in so far, absolutely null and void; and
its execution will be enforced by all the power OF To,
State and the Union long as their functionancs are
faithful 10 their duties and oaths.
IL is sometimes said Il at this wit y in the nature OF
writ of eiror-t review the proceedings OF an inft
ror court OF magistrate. This Is sometimes true bu'
without stopping here to inquire, whether Tor the PUT
roses of this wrt the inferior courts OF the United
States be or be nfefior to State authority as r.
CARDS the office of the writ in proceeding like this
can hardly paitake Of the nature OF WIT OF error
Every sovereign power has rlgh, 70 inquire m'o Tue
condition of It's subjects and the auhly or causes o
their imprh OF msnt Bde. Abr. 4s5, n. 2; Cro Jie
4s3; 3 Black. Com. 1871; Mod Rep. iss This writ 10
tie appropriate means for sueh inquiry. when tue
State it to inquire whether the eiifsn - Imp's
ored by virtue Of power which il has delegated TO
another Government, does not bring the procs
of tLat Government under r,vew ana sttemp, I'd pro-
nounce upon their regularity II only seeks s'cei
power SO delegated or within it, own reserved powers
III within the scope of the former II yields to tho para
mount authority which il has helpedto vest; Il within
the scope OF the latter It asserts ITS own ghttu SOW
ereignty therein, and dsposes Of the SUBJECT mauef
according to its own forms OF procedure. -.
The Obligations of the State and Federal Govern
mens are herein perceived 10 be mutual aud recipro
cal-the one to abstain rom all interference wheh-
ever peiceiyes the subject matter to be within the
attached jurisdiction # the other and that other to
slow that tie authority which il claims 10 cAercis,
is within the powers delegated and one whieh II may
righifuly exercise. There i iiiie danger OF IouDle
some collision so long each shall be willing 10 meas
ure its functions BY the standard created Tor the
guide OF BOTH But II TO avoid collision en- .aosolu.e,
unQuestio ming submission on the one hand hIs9nsts
and ON the ether, perfect immunity 10 sigin anu
usurp al, powers, and to be the sole and n innate
iudqe of the extent and va dity OF W. own claims
and to enforce its docisions upon the COZ
lision is the preferable alternative, because collision
invokes the arbltrameDt of The people bem.eN"s TN
ultimate source of political power, whose Jndeni'n's
and DEGREES are made and pronounced through tht
peaceful and constitutional modes aud means when
they had the wisdom and foresight To proYide u II"
organization of the present system OF government
collisions" of this kind are by no means now IN this
Government. They have occurred from tune 20 time
ar the supposed cxgencies OF the country maze cauc"
into exeiclse new powers, or havr sremeh ." tfuI"
the ado pton of new measures They are the nghtiul
and heathful operation of those necessary checks and
balances, which are indispensable IN goycrnment Of
divided or distributed powers. But sucn "colisions'
have, all along our history, found their Appropriate
remedy in the awakening OF inquiry in occurrence
to primary and fundamental principles, and Ia return
of The errng to the constitutional sphere Aud 80 wiI
it ever BE-, until one or another sheIrepudat9 t'sS
constitutional eli, cks and balances, and rashy aud
madly rush On TO exrenhies, in defiance OF constu.
tor al obligations and remedies. ~
The State Judges and Courts are as mnch bound 70
support the Constitution and Laws of the uoited
States as are the Federal Courts and judges. can
not yield to the assumption that the former WI ess
mindful of their oaths and obligations thsnfthe lS'
ter; though can readily perceive why w state
Judges may be naturally more mindful oftbe exact
line of densrkaton between delegated and r.seryod
powcrs because they arc under the additional oblga-
ton 10 support the Constitution aud rgtts o. The
States.
d ~ md.