Los Angeles daily herald., 1889-08-18
sUNn.x, AUGUsC IS, 1859.
The question of Jurisdiction.

ING IAcb bu6b LILO IOoOioA oupiAoAA AtACo
in this State are straining the law and
the traditions of the country touching
the respective jurisdictions of State and
United States Courts, in order to have
Deputy Marshal Nagle tried before a
Federal tribunal, shows that the legal
aspect of the Marshal's shooting at La
throp is deemed more serious than his
superiors are willing to admit. There is
no doubt whatever that Nagle could have
a fair and impartial trial before State
Court. The offence was against the peace
and dignity Of the State of California. II
United States officers carry Federal juris-
diction with them wherever they go,
and can treat citizens as they please,
being amenable alone to the
United States Courts, seri-
ous issue will be raised between
the States and the Federal power. U. g.
Deputy Marshsls are appointed by the
hundred on election days. As general
rule they are not the best citizens, nor
the mildest.mannered men. The people
will become very restive of this imperial
guardianship when it is known that they
are outside of State protection
when these fellows come to
walk over them. Nagle will be
brought before United States Circuit
Judge Sawyer on habeas corpus. The
question Of jurisdiction will be the only
question to consider at that hearing.
No greater issue has ever been brought
before the tribunals of this country.
1t is not q question as to the
prejudices pro ~sg con about Terry
but it ia as to whether great constitu-
tional right of the citizen, the right OF
trial by jurys before the Courts Of the
State for offences against the peace nd
dignity Of the State, can be arbitrarily
transferred to the jurisdiction of the
Federal Courts. Bad preced ents are
always established under popular
frenzy aud by the aid of popular
prejudice. But their evil effects, like Arab
curses, always come home to roost. There
has been for years gradual but constant en-
croachment of the Federal power upon
the domain of State authority. The Re-
publican party has been behind this en-
croachment. Many of its leading men
believe in centralized power, and have
openly clamored for strong central gov.
ernment, with the States as mere machine
Iappendages to it. 1t would be great
step towards this dangerous coBsumma.
ton to wipe out the barrier of jurisdic.
tion which now lies between the State
and the Federal Courts. The lead
ing constitutional lawyers of our
State-those men who believe in
the traditions of our autonomy
who are opposed to centralizing all the
material power of the country in the
Federal Courts and Departments, ought
to have patriotism enough to appear in
this habeas corpus case, and resist the at
tempted innovation. No jurist in the
country has drawn the line more
exactly or more clearly between
the powers of the States and the powers
of the United States than Justice Field
himself, and if those who appear in this
case will consult his opinions in the le-
gal tender cases, in the confiscstion
cases, and in the New Orleans slaughter
house cases, they will find very clear
and well-defned line of argument and
conclusion, showing where the rights Of
States cease and where those of the Fed
eral Government begin.