Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-04-22

IL own tribunaist and preserving the union Of
he etatss, could have lasted 4 single year, or
fallllsd ne trus.s , e2mm I'M 70 ~ onenes
without the consent Of The STATE 10 which the
The decision q this court IA. tho two cases
Alderman rs. Booth, and that Of the United
States %. Booth,s dlapoees alike OF tho claim OF
Jurisdiction By State court OF by . state judge,
States, Whistler tiat authority DO exercised
b q federal ofhcer e He sxsrcissd " .
dSsua9 a sSsa & s sSd Ussa ss hs
commissioner appointed by the District Court Of
the United stats., upon charge e having
Sqsn sIc sossa see asqsRs 9. sfaE.ys svs
Court Of Wisconsin issuoda writ Of hdbeds corpus
directed 70 the marshal, requiring him 70 pro
duce the body q Booth with the cause Of his I'm.
prisonment The marshal made a return,
stating that he held the prisoner upon q warrant
nexed % and returned with the writ TO this
return Booth demurred as insufficient In law 70
Justiiy his detention, and, upon the hearing
which followed, tho Justice held his detention
illegal, and ordered Ms dischArgo. The marshal
and had the pToossdlnTa removed % the So,
preme Court 81 tho STATE, whore, after arRu.
mont, the order Of the Justice dlschargIng tho
prisoner from custody was nfiirtnedi Tho do
cision proceeded upon the ground that the act
Of CONGRESS respecting fugitive slaves was UNI
conatl tutional and void.
In tho sooond case, Booth had been Indicted
for the offence with which he was charged be-
fore the commissioner, and from which the State
Judge hpd discharged him, and had boon tried
and s9nyieted n the District oSS1t q The Uni
been sentenced 10 pay nn0 Of q thousand dol
larsi and 70 be Imprisoned for one month.
Whilst In imprisonment, In execution Of this
supreme Court Of the state, for awrlt Of hdbeaS
torpus, alleging IN his application that his i'm.
pfisonment was illegal, BY roason Of the unoon.
gtitutlonality Of the fugitive slave law, and that
the District Oourt had no Jurisdiction 70 try or
punlsh him for the matter charged againtt him,
The court granted the application, and Issued
nsr had been committed 81 tho marshai, 70.
turned that he held tho prisoner ~ virtue o.
the proceedings and sentence Of tho District
copy q Thss ,b e his n
Adiudgod the imprltonmont Of Booth 70 bo II,
legal, and ordered him to DO discharged from
custody, and he vas A. eccordi9Sly sst a. liberty
both Of theao cases, writs Of error wero prose-
cuted. No return, however, was made 20 tho
yTi,s, The clerk q the supreme Court q wlsson.
obedience TO themi but copies Of the records wero
fllled BY the Attorney General, and II was or.
dcred BY this court that they should DO received
returned by the clerk. The cases were amer.
wards heard and considered together, and tho
doolalon Of both vas announced IN the same
tails the iacts Of the two cases q length, and
comments upon tho character Of the Jurisdiction
asserted BY the State Judge and tho State
court: BY tho State Judge 70 supervise and an.
null tho proceedings Of commissioner OF tho
United States, and to discharge a prisoner com.
mitted by him for an offence against tho laws Of
the United Statesj and BY tho state court to
%sns q pis,iiot TOaTi Il he Usitsd stStssi
diCtsd, tried and lSund guilty Of an OS offence
tsnesd to imprisonment By that court.
And In answer 20 this assumption OF Judi
cial power BY tho Judges and by the supreme
sSid as follows II they posses the iurisdiction
they claim, thoy must derive II either from the
United States or the State. 1t certainly has
not been conferred on them BY the United States
and II Il equally clear II was not In the power
Of the state TO confer II, even ifit had attempted
to do so; for no State can authorize ono OF Its
Judges OF courts 70 exercise Judicial power, BY
ton Of another and independent government.
And although the STATE OF Wisconsin Is sovereign
within rs torritorinl limits 70 q certain extent,
he 0onstitgiion q he united states. And The
powers Of INC 0enarnl Government and Of the
State, although both eNiat and are exercised
within the namo territorial limits. arc yet aepa-
rate and diSlinet soYoroigntios acting separately
and independently Of each other, within their
respective spheres. Ard the sphere Of action
Appropriated g the United States, Is As far be.
STATE Judge or . State court, ~ n the line Of
division was traced By landmarks and monu-
monts visible 70 the eye. And the state Of wis
proceedings q is Judges and courts, than il
would have had u the prisoner had boon con
lned In Michigan, or In any other State Of tho
Union, Tor an offence against the laws Of tho
state In which he Was imprtsopod.n
ala the consideration Of this distinct and
lndependsnt ohafaotor Of the Government OF the
United States, IRON that OF the government of
son Sres u y ~ ne Ssss
must DO found. There are within tho territorial
limits Of each State two Kovernments. restricted
In their sphergs 81 action, but independent Of
spheres. Each has its separate departments;
each has It's distinct laws, and each has It's own
tribunals for thslr enforcement. Neither gov
saihorlls any Interference therein By It's Ju-
diclAl officers with the action Of the other. The
two governments In each State stand In their
respective spheres Of action In the same indie
pendent relation TO each other, except in one
particular, that they would u their authority
embraced distinct territorlca That particular
the untod states when any y eonict SrIsss be- G.
tween the two goyernmentA. The Constitution,
and tho laws passed In pursuance Of II, arc do
elared by ne CONSTITUTION i,self e DO tho So.
Stats are bound thereby, anything IN the con-
notylthstanding." Whonsvor, therefore, any
conflict arises between tho authorities, those OF
the National uoyornmon mt must have supremacy
until the validity Of the different enRotmenta
and authorities can DO finally dstermined by the
supremacy until judicial decision by the Ma
tional tribunals, and tho ultimate Termination
OF tho conflict BY such decisl0ns are essential TO
U@So bPsSS IRa
governments. NThe Constitution as said by
Mr.. Chief Justice fancy twas not framed
merely TO guard tho States against danger from
AhEAnA hull y a Nanln md has