New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-07-28
TIE LAW AND THE COURTS.

We printed on Friday tie get OF HRsH-
N Gus opinion of the Supreme Court of the
United States, pronounced in tie Wisconsin
Slave Rescue case (AbieuaH vs.. Booth wherein
IL is distinctly LAID down that officer Of he
limited States holding prisoner IN rhose tshaY
,nrn Of hGbeds corpus Is granted by a State
Judge, MUST not produce that prisoner IA obc-
dience 10 SAID wrii but must make rtturn that
he hold, him by rirtue Of preeept onsHGiing
from a L. s. Court as aforesaid, and that th,s
return must be accepted as sufficient. Says Chief
Justice fancy:
I'VE do not question the authority 81 Stats Coufs or
Judge who authorized by tho sss Of ID. State 70 Issue tho
Of hsb.s. corpus to sae Ia any where the parts
IL Imprisoned within IL. territorial limits provided doe not
appear the application 10 made hat "A, ps'0n irp'i
onsa I, IN oriody under ne asfio,Hp n ne C1itd Safe'
The Court Judge has night to inquire ia s mode Of
proceeding for aud by what authority "a. pT
confined within the territorial mts q tho State SOW
ereignty and 10 ID. duty Of the Mha other person
having the custody Of the prisoner to make known to ha
Judge Court proper return tho authority BY which lac
hold. him In custody Tt. right TO inquire by pocs" Of
habea corpus. and the duty Of the Officer 20 m.he return
grow necessarily out Of complex character Of our Govern
eut and the existence oftvo distinct and separate
eighties within the territorial space. each OF them
.rced ia powe and each within Ito sphere Of sciion
prescribed by the Constitution OF tho United States indie
pendent Of tho other Bu, after the IL made and the
state Judge Court udeiay sppr'od that the party IL H.
eu,iody under the authority the United States hey oda
proceed no JrhU They then know that tho prisoner 10
within dominion and Jurisdiction Of smother Government
AsD THAT sEiTnKH WHIT HAnKA, CORPUS. NOR
Any PROCESS ssrgD usDEK STATE Authority, CAS-
LINE or DiyisIoS BETwEEs TnE TWO sovKH
KIGsTIK.. liz wITHIs TIM Dosisos AsD
rxcLuslyE JumsDIcTios OF Tns UNITED srsrKs
If he ha. committed ofenss against the aw, their ibun
al. alone punish him II be 10 wrongfuy mpr'on,d
their Judicial tribunals release him and afford him redress
And although have said the duty Of tho Marshal
other person holding him, TO hnown by proper
turn the authority under which he doains him II" af h
time inprafiUsy hi' duty 70 obey ns pyooe" Of the T.
Safe hid The pynsr cuiody under IT, and 20
OBEDIENCE TO the MANDATE or PROCESS oy Any ornER
ooysHsxKsT. Ind eon'sqaenay Il " h duty not q take
The prn,ne ,ev him 10 be taken. beo,e STATE Jnsge
upon hab,as oorpH' iiS,d undo, STATE authority
No State Judge Court after thoy judicay informed
hat tho party (, Imprisoned under the authority OF the
United States Ia, any fnss 9th him, or Z, require
hin TO be brought bfoye them. Aud n the authority Of .
State In tho form Of Judicial process OF otherwise should
attempt t. control the Marshal other authorized officer
agent Il tho United States IN any respect Ia the
custody Of his prisoner WORLD RESIST
AND TO CALL To AID AM foHth bf
saHY MAINTAIN AUTHORITY LAW AGAissr fLLnoAL
INTERFERENCE. No judicial process whatever form 1t may
assume can have any lawful su,hoHy outside Of the limits
of the Jurisdiction Of the Court Judge by which l. H.
sued and an attempt enforce beyond those
IA nothing less than vIoLEscE"(2 Howard s. C.
X. 523-3)
Now this unanimous judgment Of the Supreme
Court of the United States, pronounced by
Chief Justice fancy, is either the law Of the
land or it 10 not. If it is, what becomes OF oil
tho efforts to embroil the Federal with the
State authorities by sending the SherliIs with
writs of habeas corpus to take Federal prl'-
oners out of Fort Lafayette, and other Bh''
tes7' What of the efforts to nullify the Ma
toDal Conscription Act by taking conScriPts on
habcas corpus before bar-room judges oil Tie
M'Cunn pattern, and there testing its eonsf"u'
tionality' In short, what is the worth Of every
elaborate continuance fox bringing tho Federal