The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-03


win b, b parties there IL guaraatss Of 10
tory; aad - .sesa ss<he asaoy Of his exsrs
has faded swaV-wAicA Il d In1ely soon 10 do
other flibuers Win 10 invited 10 take part in the
Intestine feuds that dsvour their LIE and sub
stance. The lesson that has been learned In the
evil consequences that have followed pest dlssen-
sions should give wisdom 10 future movements
Even Nicaragua herself may soon regret the de-
parture Of American energy from her councils
and armies, amid the feuds that are brewing in
Central America; aud tho house Of Wander
bilt" will have q strong influence, through past
services, upon tho fortunes Of Costa RicA This
is the same thing under another name, and means
merely the extension Of American influence. The
only question is whether It shall be exercised by
our government or By private advsnturess
The CONFLICT IN OMo.-A number of the blaok
republican journals here and throughout the
country, in commenting on the recent conflict of
jurisdiction between the United States authorities
and the authorities of the State of Ohio, assume
the position that the former are In the wrong and
the latter in the right; and that wherever both
authorities have concurrent jurisdiction Of q
matter, the federal must yield to the State. Now,
this position is altogether an erroneous one and
the error Of it is shown pretty conclusiYely by
the following extract from the decision Of Judge
McLesn-a jurist whose views black republicans
OF abolitionists will hardly undertake to csvl at
or denounce. The decision in question was made
in the matter Of er parte Robinson somewhat
analogous case to that now at Issue. Judge
Mclean says
State rights invoked by the counsel II these rights
construed 10 mean subverson OF the federal autori
power has jurisdiction in this case Is clear While duly
engaged In the Investigation OF the mAster the honorable
Judge Of the Common Pleas, whose motiv by
question: by habeas corpus took from the custody OF the
Marshal the body the fugitive which M the Commissioner
without Dwrested from him, without any authority
Of law the subject Of his Jurisdiction This far as know,
without precedent Had any Commissioner or federal
Judge interpreted, and BY the same means, had disre
should have felt not less concern than the eloquent
Of duty compes 10 that the proceedings of
the honorable Judge we're mot emily without authority Of
law but against law; and that tho proceedings void
and am bound TO treat them as . nulity.
Now that, we think, is very good Law, and has
direct relativeness to the case which has just
occurred in Ohio. The fact that in the one case
the person rescued from the hands of the United
States Marshal BY the habeas corpus of State
Judge was fugitive slave, and In the other case
was the harborer of fugitive slave, does not of
course affect or alter the principle of the decision
in the slightest degree lin one case the act done
was, according to Judge Mclean, mot only
without any authority Of law, but against law.
| in the other case it was equally so.
But the Supreme Court of the United States
has settled the question, and has established the
| principle in the clearest manner In the case of
ex parte Jenkins 2 Wallace 525, where that tri-
bunal Says
Tho Jurisdiction OF the Coarts OF the United States Is
limited, but, within its limits supreme. The State
ton over the subjects and persons but neither can
treat the other inferior Jurisdiction, except the
have given such power the Courts Of the United States
when persons or properly are liable 70 seizure or arre,t
havc tho preference Any attempt Of either TO take from
the legal custody Of the officers Of the other would be
unjuable exercise Of power and lead to the most de-
soned under the civil criminal process OF one the other
take him from such custody in order to subject
him TO punishment for an offence against them A fug
tive be the legal custody OF the Sheriff.
by any from tho Courts OF the United States, In
can such fugitive when in custody OF tho Marshal under
legal process from Judge or Commissioner OF the United
States, be delivered from such custody by means Of
offence against the State, whether felony or misdemeanor
for any other purpose.
This decision of the highest tribunal of the land
ought to have settled the question permanently.
There can be no doubt that the principles which
underlie 1t are correct principles, and that this
outrage on the part Of the Sheriff and his posse
at Xenis, Ohio, even backed by the quasi autho-
rity of State court, was nothing less than an
act of nurrection. This habit Of issuing writs of
habeas corpus on any and every preteuce has be-
come Judicial nuisance, and until it be abated
the regular execution Of the Laws will continue
to be impeded and prevented. The suspension of
the right of habeas corpus altogether would be a
less evil than It's present indiscriminate use. We
hope to see this nuisance abated and the jurisdic
ton of the federal courts properly maintained.
The late proceedings in Ohio give an opportu-
nifty for both.