The Hawaiian gazette., 1899-01-10

HlaN sNNaast lslh 1sni sti ~ ~,
I aHNI fNf tffnt iffffAtal nfIIfl
~ ~ s.ieist . eha fsi'a.i s,,sIs.sl
LII tsit .NH eliiin tffH i1.l...i'
aiHfff AHd iHt fthffs va sfiIsa ai.,.fn
Haifl in Nf iliti H'aiHf Z af fai -
s..I hf afatD fuHss ID \ s,af. r...,..
Hs 10 Hf hm ~ 1itiFinn eas tfafsa I.
IHnHHsftH Hni fHunuWsuis tisili. ~ tIa
.ta Ana tHt state ~ wisennsin haa ~.
iHrF a NH luiHF Hnd 'uuftn. than n
/ 20 lltt ied y ne riisunft haa been
/ .n1hn'g in Mehlean ~ NJ any othaf
th' lave oi. tfs s,ais W shloh hs Vas iin
Ws Io not qurstIo1 tfs suthofity of
I state trufi, 90 IudFp. Who ls auihafisnd
hu tho iaNs of thr state io issue ~
Wft ~ hahfns Uofpus 10 issue ~ in am
ace Wh'fe the party b. imprisoned Win
/ iu iiH territorial lmitF. provided " dosa
nNi Hrp'nf Hhsn The application f. made
thHt The p'fson imprisoned IL In custody
lnlDf tho authority ~ tho ni,rd state
| Thg Court ~ IuiR" has q fiFnt % inquire
in ihs mode IF pfoc,eiinr, TOT What
cause and hv what authority tho prisoner
y confined within the territorial llmits Of
Oh" state soN,feignty And D., is the duty
ri tnr Marshal. ur other person having
ih" custody ~ the prisoner 90 mnk,
hlpVn 20 thc JuiE" ~ court W q pror'r
ttinfn, the authority by which be- hullF
him in custody. This urht to inquire Uy
! process ~ hab'aa corpus. and the duty Of
| The uflc"r 90 make the return, gr0Ws mo-.
'ssafilN, out Of the complex character uf
our Government. and tho existence Of two
distinct AMI ssparate HoysreiRuties with
ln the same territorial space, each Of
ih'm restricted In its powers, and each
within iis sphere Of action, prescribed by
he Constitution Of the United States, in
dependent Of the other. Hut after the re-
turn II madc, and the State Judge or
Court yIdicially apprized that the marty ~
pf th.l
United States, they can proceed no fur
thcr They then know that the prisoner
u within the dominion and Jurisdiction OF
another Government, and that neither
M" writ of hahcas corpus, nor any other
process issued under State authority, can
pass over the line Of division between the
two soyorcisnti.R. He Il then within the
dominion aud exclusive Jurisdiction OF the
United States. ~ he has committed an
Oft"uo" against their laws. their tribunals
alone can punish him. II he Is wrong
fully Imprisoned, their judicial tribunals
can release him and afford him redress.
And although, az We hay. said, " II the
duty Of the Marshal, or other person
holding him, to make known. by a prop
'r return, the authority under which he
d"iairs him, II ~ al the same time inn
pcIaiiE"ly his duty To obey the process OF
'h" United states. 20 hold the prisoner IN
custody undCr II, and to refuse obedience
20 the mandate or process of any other
Gov, rnm'nt And consequently II is his
duty not to TAX" the prisoner, nor suffer
Court upon habeas corpus issued under
state authority. No State Judge or
Court. after they are judicially Informed
that III" party IL imprisoned under the
authority Of the United States, has any
right to interfere with him, or to require
him to be brought before them. And II
the authority Of a State, In the form Of
judicial process or otherwise. should at
tempt to control the Marshal or other
Ofio"r or agent of the United States. In
any respect, In the custody OF his pris-
on'r, II would he his duty to resist IL, and
TO call to his aid any force that might be
necessary to maintain the authority OF
law against Illegal Interference. No ju-
dlCial process, whatever form II may as
sumo, can have any lawful authority out.
side Of the limits of the Jurisdiction OF
the Court or Judge by whom II is issued
aud an attempt to enforce II beyond these
boundaries Is nothing less than lawiess
III there was an defect OF power in the
| Commissioner. or In his mode OF proceed
| ing, 1t was for the tribunals Of the
| United States to revise and correct II. and
| not for State Court"
| This statement OF the law II clear and
to the point. II In this case there IL any
defect In the power OF the United States
| officer, or In his mode of proceeding, II IL
| for the tribunals OF the United States to
| revise and correct II, and not for this
Court That no United States Court has
been established here yet, and that great
Inconvenience may result from this
Courts holding that It has no Jurisdiction
cannot of Itself confer jurisdiction upon
the Court The Hawaiian Government
had not and has not the power to confer
upon this Court jurisdiction to construe
or judicially enforce United States laws.
and, the United States Government,
though possessing the power to confer
such Jurisdiction has not yet done so. For
such failure and the Inconvenience re-
sulting therefrom. Congress alone Is re-
spOnsihle
The writ issued herein should be dis
! q nt