Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1890-03-15
A GREAT C0NsTITUTIosAb
QUESTION.

the Supreme OOoFt OF tne SA
U. S. Attorney General Miller, assisted
by some able New York lawyers, sP-
peared for NaQel, while the State Of
California was represented by its Attor-
ney General johnson and Zach Mont
gomery. Pretty full telegrAphic reports
Of the arguments appeared in the San
Francisco papers. To our mind the At
torneys for Nagle made but = poor
showing; il vas = oDe-sided case and
the counsel for the State had all there
was Of the argument. II is not 9 ques-
ton a. to whether Terry deserved to
have been killed or not, or whether
Nagle be guilty or innocent Of murder,
but is . question going TO the night OF
the United States District Court to dis
charge the prisoner on habeas corpus
without trisl. Federal Courts have
never taken jurisdiction Of q murder
trial before. There is no Law authoriz-
ing them to do so. The State Of Cali.
fornia claims the right to try Maggie. 1t
is set up that be was instructed from
Washington TO protect Judge Field.
But who is Field that he should be sup
Piled with a bodygusrd any more than a
Postmaster or any other Federal officer !
Ifa United States Judge can have q
mar murdered with impunity, why not
a Revenue Collector or Timber AGENT
When did the law recognize privilege
classes in this country We know they
are growing up on every hand around
US, but it is not the theory Of the law to
declare them privileged in SO many
words.
The case is one OF the very highest
Importance and it's consideration one Of
the most absorbing interest. We have
never been more fascinated with the
dull details Of a legal proceeding. 1t
affects directly the relative rights and
powers and spheres Of the General and
State government. 1t, in fact, involves
in a large degree our theory and system
Of government, questions that should
deeply concern and interest every eiti-
zen in the land. The tendency Of tbs
dominant party in the Government is II
augment the Federal power while dwarf
ing that Of the States. The creates
danger to free government in this %counsr!
lies in this simple fact. The centraliza
tion Of power is gradual but sure. Blu
it is all being done in the name Of liber
ty or expediency or some other plausibl
pretext, which renders the danger al
the more imminent. Our Government
if worth anything at all, is worth main
tanning just as the fathers fashioned il
The old ship Of state is good enough 70
us.
We very much fear that the court c
last resort is going to make a seriou
break in the law and the presidents {
one hundred years in this case. 1t hs
a delicate duty to perform. Field, VIII
is personally concerned. is a member {
the bench and in daily intercourse wit
his associates. This can hardly fail I
produce more or less embarrassment
Also a majority Of the court are Repub
licans who by training and educatio
have a contempt for the doctrine {
States Rights. But nevertheless th
States have rights under the Constitu
ton, other than secession. which it is Il
the general good to observe and uphold
President Harrison or Judge Field {
Deputy Marshal Maggie, if either kill
fellow-being, deserve to be tried Il
murder, Just the same as a woodchoI
per or hodcarrier under like circum
stances. and that, too, by q State coul
where the crime is committed. Equalit
before the law is the true doctrine.