, 1869-04-05
MONDAY, APRIL 5, 1869.
JUDGE BECK'S DECISION.

who held them under the wit Of the United
States Circuit Court, basis Ills action upon
three legal propositions, which wo propose
to czsmino in their urdcr. He holls:
L Tint when the citizen Of State is
held under the authority or ordcr of
United Stcses Court, tho person 80 To-
strained uf his liberty can apply to State
Cours CT Judge for a writ Of h45tus corpus,
and if The State Court or Judge believes
that the rcst1,int is illegal and the order Of
the United States Court invalid for want of
jurisdiction, tho prisoner may be dis
charged.
This is tho dogma upon which Judge
Beck proceeds 10 e1uminc the validity Of
The process Of the United States Court, for
whether that process he right Ut wrong, it
is necessary for him 10 show Mt the outset
what right he has TO 1nedale with H. We
hold that his position is erroneous in law,
and Revolutionary in tendency The Con-
Etitutiun Of tho United States Inns confded
to the Federal Courts the rights uf its citi-
zens, md when they hold IN Imprisonment
to be legal, it has given nu supervisory
power to the State Courts over their de-
ciaions. So when the Unitod States Courts
decide in given oase, on tho point raised,
that they have Jurisdiction and competent
authority to make decree, State Court
cannot directly or oollaterally, aa to tho
PARTIES affected by it, override or rcvcrso
such DECREE In this special case TIC
Supreme Court ot the United States, the
highest judicial nuthority in the
land, has ngnin and ngain de-
citlcd Tint tho Federal Courts have
jurisdiction and full authority to act. OF
course, therefore, Judge Beck, in holling
the above position, overrrles repeated de-
crdors Of the Supreme Court of the United
States-that Of Booths case In q Howard
among others, which decision, he informs
US, is probably based upon "a niscencep-
t.hon of the very nature of tho state aud
"Fe<leral Governments"
H. Judge Beck next afir1ls that there are
numerous State authorities to the effect that
Judges Of tho State Courts can issue wits
OF hattas corpus when persons aro re-
stsnined of ther liberty by Federal
fs. ~
"ne .'n' ~. - s 49,, 80. -, 49, y
~. ,,.-.Ia.ss. - o ~ .o.+.,
pns as.. 40 @ ~. ~: s-,.- - - - En;,a1 ST.
Court having jurisdiction Of the case. Most
~, ~ ~ ~ .a;5;,s-s ~ ,s' .m.h 1~;t. ~ s9,,n ,,,,o-
power essentially different from that under
AhA E&nf.. oufho,it1aA
s~h;,h ~ .;,as rev. o;ven When tha 1;na ,f
s:..:-..;a. ,,at-ao,, .S.,,,,.,,..,f.a,,+o nnd
ro5o,o1 r,,,-,e ,,oro mt az fn,,r Drdars,o,a
a.s - a-n,1,- sst+,aa nc ,or Tits c,sa ~
1r5,a Ract ia tha frs. t;me. ve ne1;ave,
- c.. 1,do. 1,os 5,1;he-,te,r ,,;sro'
s.s.a ~ oz7s~of E.aar.1 Cont vbors
- 49,. - ,ho ,.t;,, h.a ,,ac;aaa
.l,s. :. III ;,.;ea;o.;or <>f tha snh;oc+ ,,st-
49, ..a ~ .ba rovor
80 ~ H'1 80 ~ -. ho,,a .h.4 tho c;r,r;t
ra.... - ~ ur;to,, s,otas fo- N. Eo,tbarn
-. = r,;,,a;. h,d ~ ;,-;aa;ct;o, =,
- 80. /thut ~ =, ,r,a- IN
.,'S.,. ~ 1o-,r;n, ~ th., t., f,, n,
ma,rnan, If t,,e counons of the Leo Count,
80. a.. !, te.aneo the State conrt fms
took Jurisdiction Of it by enjoanlng tn
levy Of taxes, and thus oustel thu jurlslie
ton of the Federal court-the injunction
= 1ocn a.a ~. ;n;n,ct;o
1, - ,.,., .., -, -. ,rat ,;,n, :,
the Board OF Supervisors, while the judf
tncnts were not rendered in the Circu
Court Of the United States for the No5ther
District Of Illinois until lsG4.
Judge Beck rests his whole action suhsta1
tially upon this soundness Of this position
He admits that, the case being IN arrest #
9 contempt upon writ Of attachment issut
by court Of competent authority, the on
inquiry he can nuke is whether the cou
had jurisdiction If tho parties or Of the su
;ect matter; ind inAsmuch Us the Sta
Court first commenced proceedings,
holds that the United Suites Court had !
jurisdiction, He admits that, if the jua
ment had first been rendered In these cas
in 1.-THE Circuit Court Of the United States,
vould fall within the rule laid down
R;cc r.. johnson County &c Wallace lf.
nnt ,houcb It is statel in the case that I
indcnent was Obtained in the Fede
Con.+ interior 10 the proceedings in t
st.ta c1p,t tn en;oin the leyy, It is clt
49, ..,,+ of strcss vaa l.6d u1,on Il
fect The noint in that caso WIS that M
Inv. r,s u-;t ar nrocesx Of the Fede
,on,+ =, .,f,,ra collection of a iu,leme
.na th.4 stats ,n;nnct,ons could not Int
.,th = nv ;ndcncndcnt of ali this. th
-. ,, ,-~,t,,,o ~