The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1861-02-28

= IZ
process, issued under State authority,
can pass over the line of division be-
tween the two sovereignties. He il
within the domain and exclusive juris-
diction of the United States. If he has
committed an offence againsttheirlaws,
their tribunals alone can punish him.
If he is wrongfully. imprisoned, their
judicial tribunals can release him and
afford him redress. And although, as
we have said, it is the duty of the Mar
shal, or other person holding him, to
make knevps by y proper return, the
authority under which be detains him,
1t is at the same time imperatively his
duty to obey the process of the United
States, to hold the prisoner in custody
under it, and to refuse obedience to the
mandate or process of any other gov.
ernment And consequently, it is. his
duty not to take the prisoner, nor suf-
fer him to be taken, before a. State
Jndge or Court upon ha6eas corpus
issued under state authority. No State
Judge or Court, after they are Judicial
ly informed that the party is imprisoned
under the authority, of the United
States, has any right to interfere with
him, or to require him to be brought
before them. And if the authority of
State, in the form of judicial process
or otherwise, should attempt to control
the Marshal or other authorized officer
or agent of the United States, in any
respect in the custody Of his prisoner,
it would be his duty to resist it, and to
call to his aid any force. that might be
necessary to maintain the authority of
law against illegal interference. No
judicial process, whatever form it may
assume, can have any lawful authority
outside Of the limits of the. jurisdiction
of the Court or Judge by, whom it is
issued; and any attempt to, force it be-
yond those boundaries is nothing less
than lawless violence ,'I.s..s-., --.f.
This is the opinion, of the Supreme
Court of the United States on writ of
error in the well known Wisconsin
case. ,.s..,.s .....,s -.
Had we the report before US, we
might further be tempted to notice
much of its sophistical meaning. But
we think most candid, intelligent read
ers will be able to do this for them
selves. =, 80, 81 4. ~ ,..'......-
In conclusion then, the minority of
your committee herewith report the bill
to repeal sections two, three and four
of an act, entitled "An act to protect
the rights and liberties of the inhabit-
ants Of this State" approved Feb. Is,
1855, referred to them, and recommend
its passage. And as to the bill to
amend section rs of chapter 153 of the
Revised Statutes of 1916, being section
5,735 of the Compiled Laws, as amend
ed by act No. 1S9 of the Session Laws
of 1859, we propose to amend the same,
80 that the penalty shall be applied only
to those who shall, without authority
of the law, bring any negro, mulatto,
or person of color, into this State,
against his or her will and endeavor
to hold him or her as Slave in this
State" Thus amending the applica-
ton of the penalty to- the case of a
party passing through this State with
q remanded Slave, under the act of
Congress ) and also the mere naked
claiming of Slave who has, of his
own accord, accompanied his master
on Northern summer tour, and here
with submit an amendment for that
purpose, and recommend the passage
of the bill thus amended, and ask to be
discharged from the further considera-
ton of this subject.