The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-09-27

cess issued under State authority, oan pass
over the line OF division between the two
soveregnties. No judicial process.
whatever form Il may assume, can have any
lawful authority outside the limits Of the
jurisdiction Of the court or judge by whom it
is issued; and an Gnemptto enforce Il beyond these
boundaries is nothing less than iaOless Ulolence."
The English language does not contain
words which could be more explicit than these
Our common sense, and the fundamental prin-
cples of our system of government-those
principles for the maintenance of which we
waged a bloody and destructive war-should
teach us, and the judges of our subordinate
courts as well, that IL is neither the duty nor
the privilege of our State authorities to sit in
judgment upon the laws of the United States,
and the official actions of the Federal authori-
ties in pursuance Of those laws. When an
officer Of the United States, whether civil or
military, is guilty of an infringement upon the
laws of any of the States, out of the line of his
official duty and Instructions he becomes
amenable to the State sovereignty
which he thus outrages and dehes. But when
he merely goes beyond the limits of the
of his duties, he renders himself amenable to
the courts of the United States, and to those
alone. Chief Justice Taney, in the case
above cited, makes this express ruling, using
the following language;-''If there was any
defect of power in the Commissioner, or in
his modo OF proceeding, II was for the tribu-
nails Of tho United States to correct IL, and not
for State Court"
II is therefore clearly tho faot that, II the
hey inen Hamilton, aetmley, aud Kelley have
been iileeailr enlisted, the proper tribunal
hefr,e which tp bring Their cases for remedy
is Che District Court Of The uaied HtateH, pre-.
sided uvet hr Judge Cadwslader, Hut even
w tbs tribunal. much lees IN our state Courts
they vcul1 have Nc remedy. fot the oct Of
retsua,y -. ia92, esrfesslr declares that
ttthe saith 10 enlistment tsbea i,r tho recruit
shalt bs conclusive % vs. his aee" ir minpts
viii swpat thss thsr s,s cf fil sea ther
must abide hv che consequences ~ thsif fepk
lessness aa5 Eiir aui se,ve rut tha uii
tetm of thsf enlistment Judge piatphHfl.
of the United Eates District Court %, tho
eouthetn District ol New York. IN ease 10
cide5 by him sn Che 18th of August last. said.
-"the intent of Congress manifes,ir was that
Ao evidence should be received 60 contradict a
statement % 20 che aee of The recruit IN tho
cath teken lg him cn HE enlistment This
view ef che oct &c 1862 was taken bv Judge
palv, IN ne Cobt ef Comm5H ifsas IL The city
of New Noib, ia March, 1907 aud also 10y my
Predecessor Judge Betts, in January, 1907"
Cases ih which the iudgea Of THE state have
attempted Go eEercine thia unwarrantablc
jurisdiction are by no means wanting. few
years ago, Chief Justice Woodward, at Pitts
burg, declared the Draft law unconstitutional,
and attempted to deplete the armies of the
United States BY means Of the writ Of habeas
e2ypns. President Judge 5barswood, of the
District Court Of Philadelphia, declared his
solemn belief that the Legal tender not was
1Bc0nstitutional and JUICE Ludlow, Of tho
C0prt NJ Quarter Sessions, charged tho dfa1d
JBf7 W briBg IN, without DELAY, trus bills
sssiBst esttsiH efhgsts of the United states
MA bs1 taken into custody ono l,1liaau for
oBtspgksb 1isi9gsliy, judge Ludlow received
6b tiis occasion sgatiiiHe taBake from Judge
Allison, shd tho whole ilHstfGns tito
NJ Judicial Democrats we're tspt9aohsd
aud nplfbdsh throughout The length aud
breadth Of The Land, When this mamantpua
question, ooiasH up f9t argument " morrow
morning, ws sincerely trust that 6Gt Court
Of Common rlsas. tiiiss Of The Judges 6f which
have the highest reputation 10, learning aud
loyaity, will MOI Disgrace Tie city at thlsdsl
pbia by forcing u into an attitude ~ ''lswlssa
violence" against The authorities II tba Unlsd
Elalap