The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1870-02-04
II Great Lascs,s(t.
Tie Essssenet a. a. AMssarriissa, ri Gpserps,,ess
dependent spon Ae Deei.ies efa, ,Repissia
SAT- Brought for Yoke ef Catsis; Tai.s

argued and deeenilined n hthe Supreme
Court and the New York Court of Errors,
may be found . case. now covered with the
dust Of half Z century. hidden in obscufity
and Scrgotsen,by the living men Of the day,
upon tbc. final decision Of which. the yitsli.
~ and permsnency Of the Federal govern:
mcnt wsredepeodent. The title Of the essa
40 argued in tho Supreme Court Of New
,York, is Mills ~ Martin and IN she Court
,of Errors Is Mott VI? Martin, and ny: thc
latter title \ vas heard and decided in the
Suprene Court Of The United states = sa
In this now forgotten but importanl
cause was employed on one side or the oth4
er the mott brilliant collection of, 1eesl tal,
ent ever gsthsred in, eanx .aas. eaaen n iAig
,couniTy.3 D . erAr as!E!s ao:aJ 3Ii ID l3slso
T Thomas J. Oakley. who, with perhsrs the
exception Of Buslrod Washington, wps the
most able 'sisi prias Judge that ever sst ap,
on the bench In the aUuitsd 6tatss;. Elisha
Williams, one Of the most fnished foren-
sic orstors Ithst ever'i 7tdressed q Jury !;
Thomas I. Talcott, then Attorney General
of New York; Martin Van Buren, after
ward President Of the United States; Johu
Wells Of New York City, then the most
eminent special pleadef Il the BAR; Thonsss
Adds Emmett Luther Martin. lofI MssY),tGGd;;
Edward Pinkney. and William Writ. Alter.
ney Genessloftss United gSsstoa.L And all
of1hesc able lawyers were employed on the
one side to prosecute, and the other side to
defend replevin suit brought TO- recovsr
the possession of . yelssof cattle Of the val.
&c Of xty.four dollars; Vut the futurs sf
the government, ito sbility to maintain it
self, depended on this yoke " oxen, 7h<7S
During the war Of 1919 the President Of
the United States had made reputation on
the Governor of. New York for . certain
number Of militia men to serve In the army
Of the United States. The Governor had Or.
dered > draft 70 lll the requisiiion. Some
Of tho draftcd men refused 70 serve, and
were tried by court martial, convicted and
fined. Martin, the defendant IN the Aait,
was deputy United States Marshal The
process to collect the fines was placed in his
hands for collection under il lie levied up.
on yoke of oxen belonging ~ the plain
til. who brought . writ q replevin for. the
recovery of possession of the cattle Mar
tin testified and av0wed the taking to ~
lawful. and set up the Judgment Of the court
martial, the pruceedinxs and proceas under
the Judgment al To this svo,sry the plsintiG
dcmurrel. n"6'rS Of me "'@ r.. r'o7l z1oitLt74o7r1
The demurrer wss iirst heard ia thei NJ
prsme Court of, New, York in 1921, and on
the argument the plaintiff raised the ques-
s'''r that the secof eAe,s nasshai ves nss
lawful, ''6acauSe ahs PresideSs ef ~ VStsed
Sale., snder the esoSs;ss, ids1l power y, es1
out tie militia to swIYress iasurrectisns ese..
had no 1,ower = make rs9sisitioS or b nsoU
OFT troops IN any psrsiesIsr' a'ass y seree
soitaow tie bsrders cf dat aate, /" and the
decision Of the, court was in, conformity
with this view-the case went against the
general governmcnt-the Judges Affirming
The doctrine t,hat the President had no pow
ct to call out troops In one State TO suppress
an ipsurrec,ion in another. n On appeal 70
the Court for the Correction Of ErsorA
thcn the highest court In New 1osk' the
decision was afErmcd 10" ha''@' . ,'' 'n
This Wa, s.a.e rights with Vengeance.
lgnorins the central power vt the Union
and destroying the whole Of it, e@sctave
force, the stsscs were constituted thepowel
behind the throne, and the throne was codn.
ted as naught but q toy and puppct In their
handAny~""' IN $40 af' ~r'AA!nfs t4ssrE .lta 4.
This doctrine, applied to the condition. 'o1
the country at the time Of the outbreak q
the rccent, rebellion would have cxplsod,es.s
the whole conceru In % hour. "a .aamasgso
.Fcrtunatsly, The case came within the
provision Ut the lswywbichl authorised Ap
peals to the Supreme Court Of this Unite,
states. Such a appeal was taken. and th
cause hoard, -beforc that tribunal In 1927
and II was the unanimous judgment Of Il,
court that the Judgment Of the Court 10
Correction Of Errors Of New York ''6sr'
oersed." Judge Story delivered the optn
ion, and witl,oat H. ssy n,aorer alluding
politics o. The political scondisioaE ef u
country but tOnAnthg big ses,sas,ss. russl
TO the questions of law abe10sv the colr
he esa1bleshed a. principle, asnl 11ede q
: right of the k0nen1 kOv6tnea00tt ITO Idetcn
. prolect ana vindic1te Aseif. % ttnt neitl,>
States nor iudiwi1ssO sosld, d,ovprtwn or d
stroy It. -
uutrcslp. t----vr-r --.5y-7Y 7ctiIrI
} l1o AHous. SAWED ~ sTyvo., Sons nt ,9g
readers. says the Peoria lIu,l Nmasd u
unsaatsfsa small fgams Ayi@dip6 Viic
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