The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1860-03-16
The y. S. Supreme Court on
Booth


rest Of Boom is Of considerable interest,
and therefore We publish below, portion
Of lie opinion Of lie Supreme Court Of
the United States, on the point Of a lc-
Jsas coypne, to show the exact attitude Of
the prisoner towards lis country We
earnestly advise every reader to give it
careful perqsal:
The United States as. Sherman n.
Booth. The following is copied from the
unanimous opinion of tie supreme Court
Of the United States in this case Sec Il,
Towards Reports, 523:
We do not question the authority of
by the laws of the State to issue the writ
of ha5eaS corpus, to issue it in any case
where the party is imprisoned within It's
territorial limits, provided it does not APP
pear, when the application is made, that
the person imprisoned is in custody under
the authority of the United States. The
court or Judge has right 10 enquire, in
this mode of proceeding, for what cause
and by what authority the prisoner is con
! "
State sovereignty. And it is the duty Of
the Marshal, or other person having the
custody of the prisoner to make known to
the Judge or Court, by proper return.
the authority by which lie holds him in
custody. This right to enquire bv process
Of ha5eas corpus, and the duty of the off
Ger to make return, grows, necessarily,
! out Of the complex character of our Gov
eminent, and the existence of two distinct
and separate sovereign,ies within the same
territorial space, each of them restricted in
its powers, and each within its sphere cf
action, prescribed by the Constitution Of
the United States, independent from the
other. But, after the return is made, and
the State Judge or Court judiciaIly appriz
ed that the party i, IN custody under au-
thority Of the United States, they can pro-
coed no further They then know that
the prisoner is within the dominion and
jurisdiction Of another government, and
that neither the writ Of ha5cas corpus, nor
any other process issued under State au-
thority, can pass over the line of division
between the two soyeTeignties Ueis then
within the dominion and exclusive iulislc
ton of the United States If he has com
mtted An offence against their laws. their
tlibug ais alone can punish him. If he is
wrongfuliy imprisoned their judicial tribu-
mails can release him and afford him redress
And although, as We have said it is the
duty Of the Marshal, or other person hold
i'5 num- - 'ii'he A"o"" "s proper ~
,u'"' 'i.o ,'"ii'' "''"e' N'ci' ne "e'S,n'
nun II Is a. '"e same '''''o ''Lrer"H'ey ms
/ GUY 10 OBEY me process OF the Chlte'
~" . - Ho-' 'I.7 l'''S'" 10 III CUSTODY u"-
o,'i ny an" - reuse "'S",e"ce 70 t"e man
0@'9 OF process o' any o.heF government
anu consequently II Is ms Guly not TO
enc 'il7 'Iiso'isI' nor S""e' nun 20 DC
'''Ae'', US''Ie d '7'''s7 q n,'s7 VI Oo"''' up
Q" ""0IH$ eoII"S issued under state an-
monty no Staie Judge or Cont, alter
.Hey are JI"'GI"'Iy informed Una, me parry
| IS IN Iao"1' uHdeF IHe tu.ho'hy OF The
",'eu states hSS any iiSAt 10 interfere
W. l'''I'' OF 70 fe4"I.e nm l" De hT"nGh'
G,.,a ,''. a.. -. .'Ie ".'''"'''9 u "
' - u " J"DiI''' process %
NJ Vs. s''o,',' "''e,pt 70 oon.'o' ne
-'I''e''''f VI o'.,e .,','i''' ~7' 'iiI'e' OF
gu. u nc = ne '.S,eN III any Respect
'-' '.,' " LIS - ''o'T'' II "o:','' %
~ ''''' ~ 1'''' ~ HIS a." any
,I''e '.I''. ..''s ~ ''c'os"'! 70 MAINTAIN
c,o 7"s''"' ~ .. 10" "S"'''S' mega inter
e'' :. a o J"v''C,"' p'1oesS " ' f',,
'oi ~ '''"y va ma any i""lu'
H"'no'i'' o|'S.Ue ., 'le Ii"i'lS OF lhe JufiS-
:i':'l'" ~ .le Co"'' Vi 'u,Se py "hoh, II
lS9"T'' gu on '.'e".P' 70 e"'oiGe y "e
o.' .''es0 Ooy,'o'i les % ''0'ii'"S else @n
~, 80 ,'..e-oe. =,
N"r Is '"e'e any th'nS IN Ihls supremacy
OF 'he genera! government or the Jurlsdic-
.'on OF ''S J"o'c.S' 'fioonai'' TO AWAKEN the
J7"'o"'y " oiie"u ''e HaIurHL ana luHC
government, nor the powers of which We
err ere spoaklng' were f"reo1 upon the States
lie CONSTITUTION OF Ihe Chited states, with
all the powers conferred oy 1t on the gen
eral government, ana surrendered by the
0."tes' was 'Le voluntary act OF the people
Oh Tue se'ef"I STATES, deIloerateiy done, 1or
their own prolecllon ana SAFETY against
injustice from one another. And their
anxiety TO preserve 1t IN tuIl force, IN all