The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1859-04-08

same transaction touching his pocket which may have
been empty, and restrained him that he could not
indulge in those propenstes and liberties for which
he has recently received the marked attention Of the
local judiciary of his State He aud his friends
tered upon the untried experiment Of using the
preme court of the State to nufy the acts and decis
ions of the national courts. He found its judges the
ready ana willing instruments of his purpose. They
had before decided the act of Congress to be uncon-
stitutional They now exerted the judicial power so
to relieve political partisan from the effects Of
judicial conviction ana afterwards in violation of
solemn duty, and of cherished principle of their
own constitution, by novel exercise of arbi-
trary power attempted to avoid revision of their
own wrongful and unconstitutional act The consti-
tuition of Wisconsin provides that "wris of error shall
never be prohibited by law, and yet the court at
tempted to prevent one allowed by the Chief JUS
tce Of the United States, becoming effective when
one of their number had allowed himself in the
less important case above mentioned. The following
facts found in the record, in the United States
Us. Booth, which argued and decided with that
of Abeman and Booth. The constitutional
question to the validity of the act of 1850 in
volved in both, and in this was also involved
the right of State court to reverse and nulfy
lawful decision and the judgment of nationalcourt.
After he had been convicted, sentenced, and com
mitted under the indictment and Judgment by the
district court, Booth applied to the supreme court Of
the State ten in session, for writs of haJeas corpus
and which were issued to both Abeman and Como
YER The former returned that he had committed,
and the latter that he had received Booth and held
him under the conviction and judgment of the dis
trct court setting out at length the record and pro-
ceedings in that court To this return Booth de-
INJURED and the court sustained the demurrer,
and discharged him from custody, thus null
lifying the final adjudication of another uibu
nal which had full jurisdiction, and whose
judgments and proceedings it had power of revi-
sion. Suspecting that those who had unblushingy
assumed to correct errors by committing errors fnot
offences themselves would attempt to avoid areview
and revision of their acts, Mr.. Attorney General
Cushing with singular sagacity, procured complete
transcript of the record of their acts in the
der the hand and seal of the clerk before obtaining
writ of Upon this authentic record the writ
of error was allowed, and the citation signed. A
true copy of the citation served by Che marshal
on Booth the 18th of May, 1865, and the writ of
error was delivered in conformity to statute, to Kel
logg the clerk of the State court who informed the
person serving it " that the said court directed the
said clerk to make no return to the writ of is
sued out of the Supreme Court of the United States
in the above-entitled cause, and by this deponent
1.-THE United States Attorney served according to
law and the rules of the said aforementioned court
and that the said supreme court of the State of Wis
cousin further directed the said clerk to enter no
order on the journals records of said court con-
corning the same" And no return was made by the
clerk. A copy of the writ of error was also served
on A. D. Smith, of the judges These facts were
presented to the Supreme Court of the United States
by the Attorney General and rule entered, in the
ordinary way in cases of refusal, ordering the clerk
below to make return to the writ of error by the
next term or to show cause why such return
has not been made according to law" The rule also
directed copy of the whole order to be served by
certain day upon the clerk, which was done but
the clerk being forbidden by the court to do so,
made no return. At the next term Mr.. Attorney
General Cushing, presentation of these facts to
the Supreme Court asked and obtained leave to file
the duly authenticated Transcript of the record which
he had prudently obtained from the clerk, and to
docket the cause Upon this record, which is COM
plete in every respect, and under the hand and seal
of the clerk of the court below the cause was heard
and. the judgment of the court below reversed.
Here was the usual copy of the wit of error and
full transcript of the record, which showed there
was process and that a citation had been actually
served on Booth in the regular and usual course
of practice, The majesty of the law has been vind
Gated, notwithstanding the efforts of the judges of
the court below to prevent denomination Of their
hghhanded and unconstitutional proceedings in set
ting aside the judgment ola national court to
a political friend from its just and lawful effects
The United States district court, under an ex-
press statute of Congress, adjudged that the law
was constitutional and should be executed The
State court, to aid and protect partisan, or
for some other unknown cause, went beyond their
constitutional duty, and declared that the district
court had mistook the law, and that, in their opin
ion it was unconstitutional, and null and void,
and took from the national authority the con-
yicted criminal and set him free and know
ing their acts could not stand the test of legal
scrutiny sought to prevent review that would
cover them and their proceedings with shame. No
faithful tribunal ever pursued such to pro
tect its proceedings from review. The legislature