Year: 1859

but it seems that the triumph, although it was
of short duration, and like that Of the fellow
who caught the bear, found that the victory
was on the other side.


But as if not satisfied with thus showing up
the Leader, the Buyle continues and thus adds
insult to injury:


ain regard to the writ of haJeas corpus, the
Leader says:


"The difference between Federal and State
writ of haJeas corpus is very great. The State
is the general guardian of the liberties Of in
habitants. Its Judges are bound to inquire in
to all kinds of imprsonments and decide their
legality. This jurisdiction is general, and no
one can decline to obey. But with Federal
Courts it is very different They heve juris-
diction only where a prisoner is confined on
federal process, or for obeying federal law. In
less itappears that the prisoner is thus confined,
Federal Judge has no jurisdiction aChateUer and
no right to issue The a0Yit."


We here experience again the difficulty in
crediting the assertion of the Leader as we had
upon another point-a lack of testimony to sus-
tain it, while having abundant evidence to dis
prove it. The fact that Judge Mclean issued
writ of habeaS corpus in the case of Jennings
d Co., weighs something against the Leaders
assertion. The, fact that offenders against
State law have repeatedly been brought before
United 'States Judges on such writs, weighs
something against the Leaders, assertion. The
fact that State Courts have acknowledged the
right Of United States Judges on such writs,
weighs something against the Leaders, asser-
tion. If the editor had even so much as soli-
tary case by which to sustain his theory, it is
pity he did not give it. He probably thought
that it would operate we'll in the Loran case
and he did not stop to ask whether the general
adoption of snch theory would be in accor-
dance with the principles of justice, and in har-
mony with the spirit Of free institutions.


Let us test its operation in the South. The
laws OF some of the Southern States imprison
all colored seamen who may visit their ports;
and it is a fair presumption that the State
Courts regard such laws as constitutional. A
colored citizen Of Ohio goes to South Carolina
and is arrested. His friends apply to United
States Judge for a writ of haJeas corpus
'Hold" says the Leader, Your honor has no
right to issue it. The offence is against State
laws; therefore, let the applicant 60 to a State
Judge Thaye no hope replies the man, in
State Court. But if l can get my case be-
fore United States Judge, trust he will pro-
nounce the law unconstitutional, and liberate
me- He has no right to issue the writ reaf-
firms the Leader.


Take another case. The laws of Virginia
prohibit the circulation of the Leader there,
or any other paper of anti-slavery tendency
The editor happens to be passing through the
Old Dominion,and hands a copy his paper to
friend. He is arrested and held for trial
What can he do to effect his release? There is
no use in taking out writ of habeos corpus be-
fore State Judge, for every State officer holds
the law to be constitutional. His only hope
poor though it be--is the examination of his
case by United States Judge; but if the Lead
e,'sdheory be correct, that Judge has no au-
thority to open his prison doors by such writ


We incline to the belief that the United
States Courts have, as they certainly ought, as
good right to protect United States citizens
against the illegal oppression of State officials
by writ OF habeaS corpus, as have State Courts
to protect State citizens in a like manner a.
gainst the Illegal expressions of United States
officials; and we are sorry the Leader don't
agree with us. In its anxiety to stand perfect
ly straight upon the question of State Sover-
eighty, it seems to us to overdo the matter by
leaning considerably backwards.


If these extracts do not strip the Lions skin
from off the Leader so as to make the long
ears protrude, then we know nothing of the
power of truth. 1t is scathing withering,
overwhelming rebuke to stupidity and false
hood, and our only surprise is, that the BHg7e
should have the cruelty to do it.