Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1863-08-05

whole case, that we copy the material porto
OF the opinion. Judge Taney says:
s'We do not question the authority of
State Court or Judge, who is authorized b.
the laws of the State to issue the writ of ba
bcas corpus, to issue il in any case where tn,
party is imprisoned within its territorial lin
its, provided 1t does not appear when the ap
plication is made that the person imprisoned
is in custody under the authority OF the Uni
ted States. The Court or Judge has rig b
! to inquire, in this mode of proceeding, fol
what cause and by what authority the prison
er is confined within the territorial limits O
the State sovereignty and it is the duty o.
/ the Marshal, or other person having the Gus
I tody of the prisoner, to make known to the
Judge or Court, by proper return, the au
| thority by which he holds him in custody
+, This right to inquire by process of habeas cor
! pus. and the duty of the officer TO make re-
turn, grow necessarily out of the comuex char
acter of our Government and the existence of
two distinct and separate soveTeignties within
the same territorial space, each of them re-
/ strIcted in its powers, aud each within its
sphere OF action, prescribed by the Constitu
iion of the nited States, independent OF :he
other But alter the return is made, and the
! State Judge or Court judically apprised that
! the party Is in custody under the authority OF
: the United States, they can proceed no fur
! ther- They then know that the prisoner is
/ within the dominion and jurisdiction of an
/ other Government, and that neither He Writ of
h06eas corpus, nor any other process issued uAder
Stafe authority, can pass orer the kne Of dris
ron betsCeen the ftcO s3UereigHiies He is then
ectfhiH me dominion and ercfttsire jurisdiction
Of The United STATES. Ii he has comm uted an
oFensc against their laws their tribunals aIo ne
can punish him. If be is wrongfullv mpris
oned, then judicial tribunals can release him
aud afford him redress. And although, as we
have said, ii is the duty of the Marshal or 9th
er person holding him, to make known by a
proper return the authority under which he
detalns him, IL is al The same time ilaperaftuely
mas duty TO obey the process of the u. s.. TO hoid
me prisoner ia custody under 1T, and 10 refuse
obedience to the mRndate or process of aay other
gorerHHeht .4ald consequently IL is his dittp NOT
10 td6e the prisoner, mr. suffer him 10 be t0ken
before State Jndge or Court upon G hnboas cor.
pus issued under State aufhOrifg No State
Judge or Court, after they are judicially in
formed that the party is imprisoned under the
authority of the United States, has any right
to interfere with him, OF to require him to be
brought before them. Aud if the authority of
a State,in the form of Judicial process or 9th
erwise, should attempt to control the Marshal
or other authorized officer or agent of the
United States, In any respect, in the custody
of his prisoner, ii rOuid be his dufu 10 resist it,
and 10 call to his all any force that might be
necessary 10 maintain the authority OF Lauo a.
cess. whatever furm it may assume. can have
any lawful authority outside of the, limits of
the jurisdiction of the Court or Judge by
which II is issued; and an attempt to enforce
il beg ond these boundaries is nothing less tran
ia'ciess riotence. "-(2I Howard ). c. r 523 ID
Now, that was the law which the Supreme
Court Of the United States announced in or
der 10 Garry into effect thv most Infamous stat
ute ever passed in This or any other country
the Fugitive Slave act of 1876 Democratic
papers and politicians exuited over il then
when it was meant TO consign to prison a cit
izen whose only crime1waS that he refused to
be an accomplice TO slave hunting under the
law. The, may not welcome 1t now when il
serves to enforce law vital to the safety of
the Republic. bot they must accept and obey
1t. Northern conspirators and their agents.
the rioters, may we'll understand now that
the Government stands pledged to enforce the
draft at all hazards that it has both Law and
Force on IFS side, and that 1t will execute the
one by help of the other, if necessary. Messrs
Seymour, Wood, Brooks & Co., you have
ried 70 incite to sedition by language, you
have created a riot which you meant to be in
and you may even yet strive to
antangle the Courts and the State in a con.
1ict with the National Government; but you
will fail in that effort as you have failed in the
others, and you will then stand, if possible, |
more openly convicted of treason, and even |
more heartily execrated than now by the |
country which you in vain seek to destroy.