The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1863-03-30
kE O X u x.
THE GLENN HAHEAs CORPUS CASE

II AhA k1EA y AVnE IN IN -
The Copperheads up about Bes Nome
are beginning to understand the meanin
Of the decision of the U. S. Suprem
Court in the we'll known Booth case, car
ried there from Wisconsin. Judge Ora
recognizing its authority in the case of
writ of habeas corpus, issued By kim, t
which the u. s Marsh hal returned that h
held the prisoner by authority of tn
United States, refused to inquire as t,
whether the detention was legal or illepa
and held that the defendants redress wa!
in the Federal Courts. The correspond
ent of the Copperhead Chicago Time.
thinks the doctrins 'tmonstrous. II wat
all right, though. in Booths case. We
all remember how the Copperheads de.
nounced the Wisconsin, Judge for holding
the opposite doctrine The trouble now
is that "the chickens are coming home to
roost." 1t was all right when an "aboli.
ZIONIST" or an unfortunate ''nigger" was
to suffer. But it hurts amazingly when
1t strikes a Comprehend r For our
part, if that case be good authority, We
shall not be much offended if it strikes
these reptiles every day. The oftener
they are hit, and the deeper it cuts, the
more we shall be pleased. We are glad
at all times to see them compelled to swal-
low the sauce they SO gleefully prepared
for others. 1.-THE doctrineis "inonstrous. !"
tits of their own connection Ii the,
want to complain, let them 4go to Judge
Ianey-[Burlington Hawkeye.
The facts are as follows: F.p. Glenn
of this county volunteered as member
Q! Captain Smiths Company in the 18th
Regiment, Iowa Volunteers. In Nav
last ne deserted from the army while in
front of the enemy. From that time un-
TIT within the past few Ca he has been
at large. After his arrest by Special
Provost Marshal Hoxie, his friends en-.
gagged the services of Finch. Clarke d
Rice OF this city in an attempt to have
him released on Ha6eas Corpus, upon the
ground that he is minor. judge GRAY
issued the writ and the Marshal made a
return showing that as Special Provost
Marshal of the United States, he held
Gienn to answer to charge of desertion
from the Army Of the Unitsd States, be.
fore the proper military courts which have
exclusive jurisdiction of such cases. On
the hearing G. W. Clarke appeared for
the prisoner and the Marshal appeared for
himself. After stating that he had not
brought the prisoner into the court. !
lloxie requested Mr.. Clarke to read !
portion of tho opinion of Chief Justie.
fancy in AJleman v. Booth and The I'M.
ted SfoteS v. Booth reported in el How
523. as follows .'Brt after the return
Is made and the State Court or Judge is
Judicially apprised that the party in Gus
tody isunder the authority of the United
States, they can proceed no further. They
then know that the prisoner is within the
dominion and jurisdiction of another gov
eminent, and that neither the writ of ba.
peas corpus nor any other process issued
under State authority. can pass over the
line OF division between the two sove,.
eighties. Heis then within the dominion
and exclusive jurisdiction of the United
states. II ne has committed an offense
against their laws, their tribunals alone
can punish. Ii he is wronpfullv imnr;s.
oned, their judicial tribunals can release
him and afford him redress. And al.
though, as We have said, it is the dutv Of
the marshal Or other person holding him
70 make known, by proper return, the
authority under which he detains him !,
Is at The same time mperatively his duty
to obey the process of the United S,a,a:
TO hold the prisoner in custody under i
ana 10 refuse obedience to the mandate or
process OF any other government. And
consequently it is not his duty to tala the
prisoner, nor suffer him to be taken no.
lore State Judge or Court upon babeas
corpus issued under State authority. No |
. uoge or Court, after they are judiciallv |
informed That the party is i'm prisoped nm.
ger Inc authority of the United States
mas any right to interfere with him or
require him to, be brought before them
f nna Il the authority Of State, in the
form OF a judicial process or otherwise
'nousu attempt 10 control the marshal or
J J1net aolhonzed officer or agent Of the |
. States, in any respect, in the Gus.
.ouy OF MS prisoner, it would be his dn,v
20 resist, and call to his aid sny force thai
gnt De necessary to maintain the an
,noii'y OF Law against illegal interference
NO JUDICIAL process, whatever form Il NAV
can have any lawful author;ty
outside OF the limits OF the jurisdiction e
Inc Court or Judge by whom it Is Issued.
t s 40 attempt to enforce it beyond those
violence 'Aan 'a"iess
Clarke finished his reading and seemed
10 oe " ma TX" fancy played III. deuce
WIN ms case, yet it would not do to ouss.
1lon the authority Of the law as exponnd.
ca by fancy when he was after an AIN.
hhonlst Clarke smiled blandly and bs
n,gnanaly Is - his wont, but the sm;ls
although subdued almost to timidity d;s
:, closed no method Of dedging the pos;tir. |
. :. OF fancy. Judge Grsv tho,.
I 1pe language Of the Chief Justice 81 Is .
~ ulLeQ ftAfno - e