The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1863-08-11
Doses for COpperheads-The Ha-
Deas Corpus sDOdge-Law for Con-
spiratOrs.

From the New York Tribune.
coNsTITUTIoNALITY OF THE ooNsCRIPTIoN.
Casting about for means wherewilh to nul
disloyal men aud Newspaper seemed to have
agreed, with considerable unauimity, on Q
plan for arraying the State against the Ma
tional Government, by help of babeas corpus
and the State Courts. 1t was proposed that
whoevr was drafted should sue out a habeas
corpus from court presided over by disloyal
Judge, and that upon the hearing of the writ
the Judge should pronounce the Conscriptiou
Act unconstitutional, aud therefore discharge
the conscrpts, who was TO 60 on his way re
joicing. The recent instructions Of Provost
Marshal Fry, in anticipation Of this purpose,
direct bis subordinates not to produce the de-
serter or conscTipt before a State Court, in
obedience to writ of habeas corpus and the
conspira,ors whose plot is thus frustrated, have
made haste to denounce the instructions ss an
outrage upon the judiciary and the rights Of
the States. They propose that Marshal re-
fusing obedience to the writ shall be proceed.
ed against by attachment for contempt; that
the Sheriff serving that process shall appeal
to the State Militia to enforce il, and finally
that Gov. Seymour shall put himself at the
head Of his State troops in battle array a.
gainst the National forces. BY the time this
is accomplished, it is expected that material
diversion in favor of tho rebellion will have
been accomplished; or in other words that a
Northern Rebellion shall te organized with
military force. All his is based upon the
supposed respect Of the people for legal forms
and constitutional rights, and might be in that
view very good plot but for one considera
tion. The supreme Court Of tie United
States has already decided the question on
which this issue is to be made, and has de.
cided it adversely to the Authority Of the
State Courts.
The case Of Ablemau agt. Booth, 21 How
ards Supreme Court Reports, 500, it is vel
known, both to the legal profession and the
country, as that in which the effort Of the
Supreme Court of Wisconsin to protect cit
izen OF that State against Federal persecution
was finally defeated. Booth was arrested on
a United States Commissioners warrant, fol
aiding and abetting the escape of an a'leged
fugitive who had been arrested under the Flu
give Slave Act of 1850. lie was discharged
from the custody Of the United States Mar
the ground that the Fugitive Slave Act va
unconstitutional; exactly the ground on which
1t is now proposed that a eonscript shall b
discharged, so that the two cases are in all re
spects identical. Booth was legally in th'
bands of the United States Marshal. Blu
the United States Court decides pot only tha
he should not have been discharged becsps
the law was constitutional, but goes furtbe
and declares it to be the duty Of the Marsha
not TO obey the precept of the State authori
". He is to make knoyn to the State yudg
that he holds the prisoner uuder Unite'
States process, but be is not TO produce th
prisoner in obedience to the writ Of habea
corpus from the State Court. This opinion
is the unanimous opinion Of the Suprem
Court Of the United States, and is pronounce
by no less person than Mr.. Chief Justic
Tapey himself 1t is so full and emphatic
and 60 completely disposes Of the whole eas'
! that We copy the material portion Of tb
opinion. Judge Tauey says:
ave do not question the authority Of
State Court or Judge, who is authorized b
the laws Of the State to issue the writ Of hs
beas corpus, to issue il in any case where th
patty is imprisoned within its territorial lim
tits, provided il does not appear when the az
Plicstion is made that the person imprisoue
is in custody under the authority Of the I'm
|" ted States. The Court or Judge has rigt
to enquire, 10 this mode Of proceeding, {
what cause and by what aulhority the pri,
J, oner Is confined within the territorial limi
Of the State sovereignty; and IL is the dui
of the Morshal, or other person having custt
!, dy OF the prisoner to make known TO III
Judge or Court, By proper return, the 81
thori,. by WHICH he holds him 10 custody .