The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1863-08-11
They Have Got the Law.

aY- Since Judge TANEY has endeav-
oled TO turn the United States Supreme
Court into an instrument for the Cypress
ion of the Blacks, and the spread of Sla-
very, the whole Copperhead fraternity
have worshipped TANEY, and plastered
him over with encomium, ad nauscum.
Whenever question of Executive poll
cy has arisen, they have clamored for a
constitutional exposition by Judge TAN
EY. For them TANEY has been cons.itu
ton, law, gospel, and everything else.
Well, let us give them little of Judge
TANEY.
The Cvpperhead leaders and Copper
head journals Lave been looking to the
abrogation and notification of the con.
scripton law through the action Of State
Courts controlled BY Copper head Judges.
They are for having drafted men taken
GU, of tile hands Of the Provost Marshals
on writs Of habeas corpus, issued by such
men as Judge MCCUNN, Of New York
the man whom MCCLELLAN had arrested
as a traitor-anl are for having such men
decide W, ether the CONSUMPTION act
is constitutional and right, and whether
these men may be held under it. Then
they are for having the civil authorities
enforce the decree of such courts, and
array the State and General governments
in conflict, unless the latter succumbs.
But unfortunately, here steps in Judge
TANEy, their oracle, their pet, who de-
clares to them that they have no right,
by their State judges and through their
State Courts, TO interfere with the action
Of the United States authorities. Judge
TANEY, supported by the unanimous
opinion Of the Supreme bench, declares
that there is no power in State Court
to compel United States Marshal to
bring a prisoner, arrested by order of
The United States authority, before such
State Court, either on writ of habeas
corpus, or otherwise. The Court deci-
ded this point in the well known Booru
case, in Wisconsin. After saying that the
Marshal shall make return in obedience
TO the order Of the State Courts, in so far
as to show by what authority he holds
the prisoner, the decision goes or TO say
thus clearly and directly knocking the
pegs from under the Copperhead con-
spirators -
But after the return is made, and the State
Judge or Court judicially apprised that the
party is in custody under the United States
they can proceed no further. They then know
that the prisoner is within the dominion and
jurisdiction of another Government, and that
neither the writ Of habeas corpus nor any 9th
or process issued under State authority, can
pass over the line Of division between two soy
.reigntes. He is then within the dominion |
aad exclusive jurisdiction of the United States. |
II he has committed an offence against tn cir
laws, their tribunals alone can punish him. |
IT he - wrongfully imprisoned, their judicial !
tribunals can release him and afford him re-
dress. And although, as we have said, it is
the duty OF the Marshal, or other person hold |
ing him 60 make known by a proper return
the authority under which he dctains him, it is |
ut the same time imperatvely his duty to obey
the process of the United States, 70 hold the
prisoner in custo " under it, and to refuse
obedience to the mandate or process of any
other GoycynineIt. And consequently it is his
duty not to take tie prisoner, nor suffer him to
De- tikcn, before State Judge or Court upon
a habeas corpus issued under State authority.
No State Judge OF Court, after they are Judi
ciaiiy Informed TINT the party is Imprisoned
under the authority Of the United States, has
iH!y ngat to interfere with him, O. to require
him TO be brought before them
Since the publication of this decision,
As bearing upon tie case Of DIR. fled men,
CoPperheads have lost modicum of
their admira ion for TANEY, and arc not
SO confdant respecting their appeals to
ona horse Judges.