The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-03-24
orrespon1enee Of he boston Courier
The Wisconsin, Nuiiiacatton Case,
IMPORTANT DECISION IN rnk SUPREME COURT.

| capability of the constitution, AS 10 how
much straining this tic of Union, and the
Union itself will bear, the Supreme Court
Of the United States is continually called
upon to bind the States the more firmly to-
gcther by IL DEGREES upon constitutional
questions in practical cases brought before
1t. We sometimes depecate this state Of
things, and are accustomed TO hear il said
| that this court Is striving to intervene in
| politics IN an irregular manner, and to prac-
ucally work revelation 10 the relative
| powers ct government, rs il IL were lcgis-
lat've, rather than II judicial body, II may
seem 80 to the younger part Of this generations
but To Their elders. who have vivid recol-
lection OF the excitement which followed the
appointment ol one Joseph Story. it has not
been new thing To hear that unworthy
partisan appointment" To the bench OF this
court have made 1t u ",ccl Of party" and
"prostra'ed the constitution" aud destroyed
constitutional rights OF States and indviJu.
us."
But after ALL and apart from ,hs. would
not our fanatic revilers OF the Supreme Court
OF the United States do well 10 consider that
thcsc questions ARE forced upon this court by
their own attempts nj notification.
A marked illustration OF this has appear
oil IN the opinion Of Chief Justice fancy,
this day read IN connection with the jadv.
mrnt Of the court upon certain writs Of Or
ror to the Supreme Court OF Wisconsin, in
several eases in whica IN one form or anoth.
or, that tribunal undertook, some years ago.
to declare the fugitive slave law oil 1891 IN.
constitutional, and to discharge from the GUS
tody OF the u. h. Marshal. and from the
jailor 10 whom he had committed his pris-
3oirr, u person IN custody first under
commitment by u Commissioner Of the Cir-
cult court, to answer n complaint, md after.
wards upon u commitment OF the District
court Of the United states, alter indictment.
trial and conviction in that court. The Of
fence charged WINS tho aiding IN tho escape
Of II fugitive slave from the custody Of tho
Marshal
Upon the Issuing Of the wriis of error, il
seems that the court OF Wisconsin inslruc-
ted their clerk 10 make no return, and no
one has appeared TO maintain their views be-
lore the Supreme Court Of tho United States
Certified copies of their proceedings were
filed here by the Attorney General, and cop
les of the opinions Of the Judges Of the
court below were produced. II seems that
not only was the fugitive slave law declared
wholly unconstitutional but also that the
| papers In the cases under commitment by
the United States COMMISSIONER werc not
In conformity with the act, snppoping II 10
have BEEN constitutional. ] will not attempt
10 give you sketch OF the very able and
very plain opinion read by Judge fancy.
from which no member Of the court express.
I'd any dissent. Praise Of either liz matter
or manner would be supcriluous. wish
only TO state the result, which understand
10 be IN follows, viz that when person In
In the custody Of an officer Of tho United
States n Stnte may inded issue writ OF
habeD ooypus. aud the officer holding the
person IN question In custody must make rc-
turn 10 the writ, 20 far ~ 10 show that he
holds him under IA prcccpt Of the U. States
court, but no further and that thercupon
the power OF the State court Ia nj an end.
Neither the fornali,y nor the validity Of the
process, nor the constitntionality Of thu Act
under which the process issues, cnn after
2 oh return be inquired into. either upon q
writ Of habea' corps from State tribunal
or upon any other State process. The right
Of po''s'',on Of persons Tor property, II you
will cannot bo inquired into by State
court by any process which transfers the
same from the custody Of United States
officer
Judge fancy has clearlythown this 10 be
In no wise u course derogntOry to the State
hat 10. it.. L.. l.aS. Al
United States Constitution. which The people
Of the States have made by their own net,
paramount 10 the constitutions and laws Of
the several States
The Supreme Court. however, did not
stop here, but took occasion 10 declare, en-.
aticnlly, that the court below had erred
in he Judgment as to the Act 81 1851, and
that II was Constitutional m al ~ parts
and prornons. and by consequence, that o
marsbal II the United States u bound 10
defend his po-sesson Of tbs chattela" ~
in bis custody, II necessary by force.
ffsHn ne Bs.on cnar,sr. editorial
We call the attention oil our readers 10
the ls,ier Of our special correspondent at
Washington, detailing the opinion OF the
'@bDi''bS wv" ~ 'h' - bittb III TUX
case oi United States ui. Booth. This de-
cision defines with perfect dstinctness the
present ppsiiion Of Massachusetts,, US shown
by her Personal Liberty bill, w called and
oi nll states which have passed similar gu.
actmcnt. We have heard this measure
justified on the ground that the Supreme
Court hal never pronounced the Fugitive
Slave law constitutional. That argument
Or justification il DOW removed Massachu-
s'tts, 40 long u she keeps that law upon her
statpte book, Is in state Of passive nullif
cation or rebellion whenever she shall at
tempt 10 put II IN motion, she will be in Q
state Of active notification or rebellion. We
commend this .ubjec, TO the immediate COO
alteration Of the legislature. so long a.
thnt law remains unrepealed, il will not lie
in the mouth Of any number Of the domi.
nant party here 10 cast reproacb upon any
other portion Of the country tina, treats with
similar ibdgui,y Law Of the United States
pronounced constitutional by his highest