The daily Evansville journal. (Evansville, Ind.) 1862-1863, 1863-09-05
Habeas GorpEs---State VS.. Natienai
= authority.


Is in othe-Sta.es, that necessitate the per-
,auerit settlement or establishment OF
he boundary line between State and ma
tional authority. Even now, case is
pending in our congressional district,
whose determination will bear directly
on this point 1t, as nearly swe under
stand it, is as follows.
Some weeks ago, Provost Marshal
Hynes received intelligence that de-
serter in Knox county, who had been
.-------s,---os- wye orought be-
rOre local judge in Viucennes, on the
ground that he was a minor, and set at
liberty he accordingly directed dep
uty to attend the made up trial, and
arrest the deserter at its conclusion.
This was done, and the deserter was
placed on the cars and sent off. A writ
of hGbeaS corpus was then issued by
Judge Burke, of the Knox Circuit Court,
demanding the body of the deserter, who
was alleged to be under Is years Of age.
To this writ Capt. Hynes made return
that he held the prisoner by authority of
the United States Government, and he
refused to recognize the jurisdiction of
Judge Burke The Judge decided the
''return" to be insufficient, and insti-
tuted proceedings against the Provost
Marshal for contempt Affairs were in
this position when last we heard from
the case.
1t was supposed by most persons that
the decision of the United States SUI
preme Court, in the case of Ableman Us.
Booth, which reached it from the State
of Wisconsin, definitely settled this moot
ed question of jurisdiction" But it
seems that the revolutionary doctrine of
:" State rights" has SO poisoned the
minds of the people as even to destroy
the respect which State Judges ought to
entertain for their constitutional superb
ors on the Supreme Bench. Accord
.ingly, we have Judge Perkins of this State
utterly ignoring the opinion of Judge Ia
ney,and affirming contrary doctrine that
State courts have jurisdiction over Off
GERS of the U. S. Government in-tha
-50OEgreSS. IN other words that
every petty Judge may issue writ of
habeas corpus aud take out of the hands
of the Provost Marshal or other officer of
the government every deserter whose
dullest can readily comprehend, if such
decisions as these are to be obeyed. that
the authority of the General Government
IS subverted in every State of the Union;
that its armies will crumble to pieces by
desertion and the triumph of the rebels
will be secured. From a compact, uni.
ted Government, we shall become mess
of warning factions-each State Court
making its own construction of law and
every State Government running on its
own hook. -
How our State Courts can render such
decisions as those of Judges Burk and
Perkins, in the face ofrepeated decisions
ola contrary character in other States, as
well as by the Supreme Court, can only
be accounted for by the supposition that
our CoPperhead Judges are determined,
If possible, to precipitate a struggle be-
tween our people and The General Gov
eminent In other words, to force upon
the people the disagreeable alternative
of choosing between their allegiance to
the State authorities and those of the
General Government. That we are not
mistaken in their intentions is evident
from the proceedings in Dayton, Ohio,
where the State militia are summoned To
resist an officer of the Federal Govern
ment in the legitimate discharge of his
duties
In the case of Capt Hynes, Judge
Burk, having already decided that his
return was insufficient, must commit him
for contempt unless be produce the body
of the deserter. Capt Hynes, having
refused to recognize the jurisdiction of
the Judge in the first instance, will dis
regard his proceedings in the second. Tie
Judge will then Summon posse conf
tatus to enforce his decree. Captain
Hynes will appeal to the Government for
protection, which it is bound to extend
10 him, inasmueh as he has been acting
in accordance with the provisions of its
laws, as defined and construed by the
Supreme Court of the land. Here, then,
we have civil war inaugurated in our
own district. The end no one can tell,
but the people may as well prepare for
the emergency. Common sense, it
seems to US, dictates the side they should
AXE. If the decisions of the Supreme
Court are 70 be deliberately set aside by,
every petty Judge, we are at once
aunched upon sea of anarchy without
chart or compass. Our only hope of
peace is in standing by the Federal Gov