New-York daily tribune., 1863-08-01
lme, whether rightfully or not, to exer.

ter assume, whether rightfuly or not, to e1er.
cipe, nre beyond the sphere Of State Court,
and in no manner TO be investigated by its on.
thority. We quote the language of Judge
TaDey:
mo st.,s can suhor,e Of is judges or Courts 20
,rercs dicls power by hsbeas corpus or otherwise.
ia The Jurisdiction of Auoher and Independent oovern'
snt And although tbe State Of Wi'eon'n 10 'oVef' sn
within It, error ni,a to certain extent yo' thS' sove
oiy |, limited and restricted by the Con'tuiion OF the
United States And the powers OF the General o0vensa'
AID Of the STATE although both exist and are exercised whn
tie .sms tsrorsl limits yet separate sud distinct 'o'e'
ues acting separately and Independently OF each o'Der'
within their respective spheres Aud the ph"s@ aero" aP
rropra,,d 70 The United Stale, far beyond se Te0ea
N, judicial p,oees i.yed bva State Judge or State C0u''
n, n. line Of di.i,ios sos traced by landmark and oHu'
nent, ri.ibs 10 aae eysD (2l Howard s. c. R. 5l3ie)
| And agnin:
"Ths Consultation was not formed merely to guard tho
States sgans danger from foreign nations bat mainly to So
euro union aud harmony home for this object could be
aned there could be bat little danger from uboad and to
accomplish this purpose was felt by the Statesmen who
framed the Con,uion and by the people who adopted It,
that it was Necessary that many o the rights Of sovereignty
which tile State. then possessed should be ceded to the Cen
srs Govsnmsnt and that ia the sphere Of Geon o'0"edo 10
H. .h,u.d be su1rse and syOa9 enough 10 EXECUTE IT'S
OWN LAys BY ITS OWN TRrBUsAIs WITHOUT INTERRUPTION
YRos STATE on PROM STATE AUraoRrfss" I'D, p 'i")
That disposes of the whole question. Cases
subsequently arising, as for instance under the
Conscription Act, must be decided on the same
principle. The prisoner is in custody under
authority of the United States, aud that au-
thori,y, whether judicial or ministerial, civil
or military, is supreme; is not to be called in
question in State Court; is to be judclally
inquired into only by a United States tribunal.
Ii was logically in pursuance Of this tram OF
reasoning, and as the inevitable result OF the
discussion OF the case, upon the facts OF the
case, that Judge Taney finally declared, in the
language We have twice before quoted, and
which we quote once more: -tc ,.g
But aaer tho rstarn 10 made, ard the State Judge
Court jodcAlly apprsed this, the patty ia 10 cuSody
usDsa THE AurHoarT or THs USrsD STATES, tbey can
proceed further. Tley hen hnsw that tho prisoner
is within the dominion sui ursdieiion Of ano,hsr Gov
srnm,n. and nal nshsr The writ Of Iobras eorIu any
other prcsn ,usa under State avihSvy, oEsr the
ae e( d.riign b>vcsn IA, fro sorresnneI Hg Is THEN
WITHIN poxIsos aSp EIoLusiyK yRispioTros or THE
UsrEp srArEa fbe ha, ried oruss against their
n O.
fully iupri.opsd ,hs!r lud,nl tribunals can release lin
aud ,eosd him relfe.. Ard although, we haze said.
1t {. the duty Of the M,ha oer person holding him. to
maze knswn BY proper ths suthor,y under which
Le dstAns him tie time fpratreiy his dgy 10
eJsp s proee" II hs L. s. 10 hold NE Fy0H IN custody
sn4s, o. and 10 REyrsE OBEDIENCE TO THE MANDATE or
PAocxss % asI orHsH GovEKSsKST ind oon"grsnHy n'
An dn:y aks the pr0nsr 'g h' 'ob taken BE-
,sa state Jssee Cof upsn habed' eopS' i''ssd uresr
STATE asL9y No state Judge or Court AFTER rHEr ARE
yrpici,LLr INFORMED rHAT rHE PAKrr n irPHsossD
rsDxA Avrnonrr oy rHs Usi1kp STATES hs'sny hshs
to interfere with him. OF 10 require him to Ds broash, before
them"
SO much for the law. But mark how un-
warly these disloyal papers hayo disclosed
their real object. Why should they be so
eager to deny and discredt o decision of the
Supreme Court which covers all these ques-
tons under the Conscription Law, and pre-.
vents all possibility Of conflict between State and
National authorities Solely because they
meant and mean that there shall be conflict,
aud their rage is vented against this decision
because il destroys beforehand the pretense for
that conflict. They meant to array the State
against the Union; to provoke collision on
habeas corpus from a State Court to enforce
ts service against ProyostMarshal by the mill.
tary power of the State. knowing that be would
bc projected by the National forces. This de-
cision Of the Supreme Court blocks the wheels
OF that plot. 1t announces in advance that
there is no legal pretext for the habeas corpus,
and thus destroys the chance OF deluding the
citizens OF the State into the belief that their
legal, constitutional rights are imperiled
Hence the effort TO misrepresent, to put aside,
to conceal, the meaning and force Of the de-
cison. The effort is useless. Tie law staud'.
The decision jncontrovertibly declares it. The
Government will enforce it. Let traitors be.
ware how they stand in the way.