The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1860-01-20

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United States which shall be made in pu,
suance thereof, and all treaties made O
which shall be made under the authorit
of the United States, shall be the suprern
law of the land and the Judges in ever
State shall be bound thereby, anything i
the constitution or laws of any State t
the contrary notwithstanding" This j
the authoritative language Of the America
| people. 1t marks with lines too stron.. t
be mistaken, the characteristic distinction
between the Governments of the Unitec
States and the States. The general gov
ernment, though limited as to its objects
is supreme with respect 10 those object.
and possesses the necessary powers t.
MAINTAIN that supremacy.
Every citizen sustains two-fold politi
cal capacity-one in relation to the Stat
in which he resides, and the other IN rela
ton to the United States In relation t,
the State, he is subject to various munici
pal regulations founded upon the Stat
Constitution. which do not affect him il
his elation to the United States. In re
gard 10 the citizen, the two government
constitute but one entire government, 81
arranged as not to intefere with each othe,
and requiring submissions to the constitu
tons and laws of both. To form a govern
ment so complicated, and at the same tim.
so harmonious and perfect, required con
cillatlon and compromise of extremes in
interest, feelings and habits. Upon thi:
principle this great Union was established
and must exist. Local interests and in
institutions, constituted difficulties anC
embarrassments in the adoption of the
constitution, which were overcome by an
honest submission to the dictates Of pat
riotism. The founders of the republic fol
the general good, sacrificed local Difficult
ties upon the altar of patrotsm, in the full
hope that those who should afterwards en-
joy the fruits of their patriotic labors,
would faithfully adhere to the compromise,
upon which the constitution was framed
and adopted. Whilst the States of the
Union were equal in number an | political
power, north and south, the responsibility
of sustaining the compromises Of the con
stitution, was upon all alike, but the north
ern States having the majority, that re
sponsibility is mainly now upon the peo,
pie Of the north.
Every native born citizen, by an obliga
ton binding upon the conscience is ex
pected to support the constitution. in con-
sideration Of his protection under it. Ev-
cry person of foreign birth. upon becoming
a citizen of the United States, by taking
the oath of naturalization is sworn to sup,
port the constitution. Every federal and
State officer in his official qualification is
sworn to support it. The Judges of the
States are bound to support it eq,'ally
with the Judges of the United States
The obligation of the native born citizen
and the oath taken by the naturalized cit
izen and by the public officer, binds all to
obedience, to laws enacted in pursuance Of
its provisio S and requirements. The same
loyalty Is due to both the national and
State governments. Each government Is
sovereign within its appropriate power Or
authority. And as the sovereignty in each
is represented in judicial process, there is
neither necessity nor propriety in the Off
GERS serving such process coming in COLI
sion. The rules are SO we'll established
upon this subject that the officer Of one
court, who ty means of process rescues
property or persons from the lawful Gus
tody If the other renders himself amenda-
be 10 civil or criminal proceeding The
Marshal is not permittc,! 70 serve a wit
upon a sheriff, which tends to disturb or
embarrass him in the execution of the
,l,,t Of IL
know that similar wits in their hands
against the Marshal afford them no pro.
lection.
The judicial authority is necessarily co.
extensive with the legislative. The pow
ers conferred upon congress are prescribed
in the constitution; and the federal courts
possess no jurisdiction except such as the
constitution and acts of congress concur
upon them. Every case presented for the
consideration Of the national courts must
fall within the constitutional scope Of the
Judicial power of the United States, and
must be embraced within some Legislative
act. Congress must define the offence and
prescribe the punishment, before the courts
are required to act The United States
have no unwIitten criminal code. to which
resort may be had as source of jurisdic-
ton. Resort must be had to the variou:
statutes Of the United States, providing fol
the punishment of crimes Although the
federal courts are TO look to the common
law, in the absence of statutable provisions
for rules TO guide them in criminal as wei
as in civil cases yet it is the acts Of con-
gress alone that they must have recourse
TO, to determine what constitutes an of
fencn against the United States.
The act of Congress to establish the Ju
dicial Courts of the United States, created
a Supreme Court, Circuit Courts and Dis
trict Courts The Supreme Court is com
posed of nine Justices. One of these Jus
ices and the District Judge compose th'
Circuit Court. The districts in the olde
States are divided into nine circuits, one o
which is assigned to each of the Suprem
Justices. BY the law now in force thos
Justices are only required to be in thei
circuits once in each year, and if at an,
time they are not present, the Distric
Judge holds the Circuit Court in and 70
his district. There is no appeal from th
decision, of the District Court to the Cir
cult Court, except in cases in admiralty
which the Supreme Justice hears alone