, 1869-04-05

clusxM Of inc Jurisdiction OF tue feaeta ~ ~tTin
rnseemly coun!ct SEQ MI. Jnstice A1IxsV . a1G u
s..ut1n9 orlnlm IN that case !. Wailaca, Pr ~.
sla That ~ doctrine win become the eesIsa y"
The people Of no ststes viii not consent thas. eyea
10 "e1cC7tional eases,'' the FedssA CoufU my
Ss S sna doassaeps o.ds n1s Il ~
lerprrtcd BY their htRtes. Courts q Wal4eot
sod) Such q soursc Of decisions, u pe11Htea y,
the rtxhtlnl jurisdiction u the state CourtA xa5ea
win, sooner. Or lsser, provoks Congressional Egt.
iation, wisely and moro ezpdduy prescribing no
Srl, md tic decistcnE Of s<ass Courts con.tzn}nk
them. Upon the rtghtsot tne people when .bc1oso
TIE Federal Courts for ad}1dlcEasn. :,
Skye1z{ objections arr made 70 he decree In mo
fntHucutn 6utt which 1t ls not necessary to COZ.
a,der. THEY aie rot kucH asa1e aimed NJ the 1ur1s
desm Of me Court ogs as n mtzs Tegql.sss:ues e ~ ~
1et, an.1 zge cured oJ prescriptions thas aTa 70 be
exercised n favor Of the validity OF IL Judgments
" It y urEed rhat tue supeErtsors utter The renl.-
t.orl Of the fearc, were not eeTred' WITH an To-
junction. For somt Ecason : copy u nse decree
Clerk. but upon no other menpcr Of tts boarL
No Such aA1tco was necessary 10 ofder 70 Ktrs tho
tniuncucn &1tct upon The boanl 1t Ia not The
nrnctce IN this Stnie neither u II required ty law,
10 Issue process upon such DEGREES, nor tu servo
nc desendaofs WIN copies thereof They 1fe pre-
mtnis Of Encn deares, which arc uotice sS tho
Il may be remarked that one Of the Supervisors,
poar a. Tic tlmr Of TIC service Of the alternative
maDdalnux having been elected nfterwusdA lie
was serred with the petcmptoIy w1tL Now. q
a pcremptpry writ without nrst having been
marty 10 the proceeding, md notineh BY an alteI-
nAt1se wit Dut do not think thts e Irregular.
mentioned IN smother connectton.> 70 show that
the objection OF Defendants counsel. hased upon
tho ground that tns superstsoTs - "eFo sns no. @
junction proceeding. Is not tenaole. IN teis
ease, ine supervisor ailudei 70, takes h!s
position otcaly tne se 81 81 t,.a, na t yo..
5or fhe levy Of the TAX would. II tho court had Jar
ts.lcton. Justify his arrest on the attachment 70
i9s - III eouc IL IN tne
Rtcas ~ John.on County, q WALLACE, 1oe Is not
tass ths state Court rss ootainel jurisdiction Of
mo subject matter OF this controversy. In thht
case The injunction proeeedlng "ns inssIusea ~, ~
vas Instituted The United States Hoprcu,c Court
held that tho n.andamus suit being but = eontiun.
% coors IL .ss is sequred | ii jurtsaction Hso<r "a IL
Cpurtu q Wal, 2lo was decided on the same htatc
Of far,1 a. Etrs "a Jnhnaon Ctntnty. Upon The
cort OVER tho subject mnttcr Of tho levy md col
lection OF taxes and Of tue of1ceta nt the county
hare no doubt II fonows TINT the United States
d:ct,on and all tts acts and proceedings are there
fore esrars ,son judtt4 and void Cpon this point
am elear, and therc remAans in ny min1 net
though I would TO hold that the defendant re-
strains tho plaluurs without authority Of law.
Though have rrossncted shls oltn,on 10 40 1s n9.
not pertinent 10 the legal points Involved nA1e
fozeborne TO make any extended ohsetvattona upon
Upl,ca states aud tho supreme Court OF this ssase
upon the questions growing out Of rsilroad eorpo-
ration bot,ds- The connics Is most unfortunate,
>afAf tHA H. FSf
own court upon that subject, wtan to escape
pone OF the responsibilities II there BE- any on the
part Of the stata Court The conaics u to be re-,
shs ttl,1'sa eonnses itself. j 1rfer o the &.
tremely diarcapect'ul ailrson to the supreme
Court of Iowa In the opinion OF Iii. Juaticc
swAvRH In Gttrete ra Dubuque. In this country
the bench has no patent Of respect earc that OF
Inbe confidence, and Koe me aay, rnen aa enc Pn
integrity and public virtue Of another Court Band
IL that Judge who docs not ace that such an stack
esteem, has refer influence, and v1ll return With
most mischierous eject npon hiunaelt. To the
people OF lows, and the hax especially, Is that
wound. While the eminent JudRca Of the Supreme
Cour1 of this State, against whom the attack was
directed, hare Suffered nansnf IN the loss Of con
e';asss essass and 0se ssaa s noraas
human nature who should deny that
il has not had IL enset IN Diminishing respect
anated. Tho eminent public services, undonbted
purity Of character. and great learning and antlity
me Iowa a1s 1oo ns naaas
| attained emipence ~ Legislator, has occupied
seat upon the bench Of Tic Supreme Court fot
District Judge, Goyelnor and Justice Of the So
prrme Court Tor nearly twenty years: the taisd, =
Judge OF the District md Supreme Courts ios ser,
nasns :f rsmaialne IN ~ poor. fns oay iaiima,lon de-
fogatory to these eminent citizens e1nanatti 4 iFnn q
opinion referred to- may thus SPEAK, because II
Is the free mpulse Of justice toward rhose gentle
| Upon one other subject not pertinent to the
legal questions Involved, l will venture word.
| Much has been s5tA IN court and out Of court Of
and odIous aIlusions to rebellion have droppcl
| from judicial lips In reference 10 their action
Those who are informed upon the subject and = tne
words Of men who know not whereof they SPEAK
ana that snoughn OF 5e4nso 5sstsnce ,sa
f force, aIc vain As nave potn,si oas N appea
| tics ffon my ruling in this case to the Supreme
Court of the State, and II the deciaion Of that n
Of The United States. o. against The exercise I. o
any Federal power, 1t may DC reviewed ey the 81
prcme Court Of the Unted states. Il 1hsse as
that Courts mandate will he. oheyed ty my
hrotherr uoT l know that can SPEAK for them
and know that Will render II cheerful Obedience
While ny mind vii continue to deny Its correct
Violepce tn contempt Of my orler for the release
! OF these pl1tnuus will only bo directed by ru8d
adv1sors ant inaAnuch az there A plain way u
correct any errnt1 ! may have committed, woaid
be utterly incxcuS1hle, aud subject one who would
pursue th1t course to the most fearfu Eesponstbt
", but have no fear TINT the Fe,letal ntnceFf
VINO hold In custody these plaint1r1 Will refuse By
violence, obedience to my ordet: for know tneu
to he laW-ahidlDR and prudent citizens
! One who has witnessed this e1Nmlnatl ca
! bare no fear Of conntct Here before me are fed
efal md State otncerA: counsel representing tnt
conntctina views; thirteen citizens, among tn
most influential nf tho country, under attest 70 D.
! oIf1ed to prison Ia q distant city out Of tnel
STATE and other citizens a. spectsto1 Of tne seen
ali this spc1l1 to those, who may not know IN
losal patriotic and iAw-abtdluR ctti1cnB Of 1oE1
OF CONFLICT and strife. But here. Wherr ose 4
l,ayonete where nothing but the client ana unsse
power OF love for order and l6W rules, no s9f1lt
no threat OF couItck RelJinE upon the courts
!, administer the law, al these stand In calm 9
| cuIity, ....
| sion OF the law that the learned counsel, fepf
! ed trial where would Seem TO be OCCASION 10 Pr
yoke passion, the most cor1nendabe courtesy ht
prev alled: no improper alusioDt no appeal 70 "a
| sIon or prejudice, his been heltA but only II
principles or the law hAFe received aaelr astenue
!, with such evidence os love Of faw anl con
= uence In the tadlcta1J, both Federal and Stat
! . there can arise no conflict between Fedeta! a.
State tfovkInmentA both governments, coasi
tutina one whole, may well rely upon such cteszeI
. ii is my orle1 that tho rlalnttta ,ssand d
: chasvAt <TU,n the custody, IN which they are u
r cally held hT the defendant, Hurry Fulton.