voL. VIL
TO PEOPLE'S JOURNAL.
rc➢LIBIIED RYERY THURSDAY IHORKIND.
BY ADDISON AVERY.
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CALL TO KANSAS
IT LUCY I.4RCOV
Yeoman strong, hither throng!
Nature's honest men,
We will make the wilderness
Bud and bloom again.
B r ing the sickle, speed the plough,
Turn the ready soil!
Fr e edom is the noblest 081
For the true man's toil.
Ho! brothers! come, brothers!
Hasten all with me.
We'll sing upon the Kansas plains
A song of liberty !
Father, haste! o'er the waste,
Lies a pleasant laud,
There your fireside altar stones,
Filed in truth shall stand.
There your sons, bravo and good,
Shall to freemen grow,
Clad in triple snail of Right,
Wratig to overthrow.
no! brothers! come brothers!
:hasten all with me,
We'll sing upon the Kansas plains
A song of Liberty.
Mother, come! here's a home
•
In the waiting West,
Bring the seeds of love and peace,
You who son• them beg.
Faithful hearts, holy prayers,
Keep from taint the air,
Soil a mother's tears hare wet,
Golden crops shall bear.
Come, mother! fond mother,
List we call to thee,
We'll sing upon the Kansas plains
A song of Liberty.
Brother brave, stem the wave !
Firm the prairies tread!
Up the dark Missouri-flood
Be your.carivas spread.
Sister true, join us too,
Where the Kansas flows,
Let the northern lily bloom
With the southern rose.
flrave brother, true sister,
List! we call to thee,
We'll sing upon the Kansas plains
Pt song or Liberty,
One and all, hear our call
Echo through the land!
Aid Ili, with the willing heart
And the strong right hand !
Feed the spark the Pilgrims struck
Qp old Plymouth Rock !
To the watch-fires of the free
Millions glad shall flock.
Ho! broaters ! come, brothers
Hasten all with me,
We'll sing upon the Kansas plains
A song of Liberty.
OPINION OF JUSTICE Sli=ll
In the matter of the petition of John Ryeraft
,for
a writ of Habeas Corpus and to be discharged
from imprisonment; and in the matter of
Sherman N. Booth.
The facts of these two cases are
essentially the sante, and, so far as the
observations which I feel called, upon
to make, may be uttered, they will he
regarded as applying to both, and
therefore, for the sake of convenience,
reference will be made to the petition
of Itycraft only.
On the application of Sherman M.
Booth, at the last term of this Court,
for a writ of habeas corpus, no copy_
of the indictment was presented, but:
only a copy of the warrant upon which
he had been arrested, which recited
merely that he had been indicted
_ under the Act of Congress of 1.850,
for aiding the escape of one Joshua
Glover, &c. This was an ordinary
bench warrant, to bring in a defendant
to answer to an indictment found in
the United States District Court, and
it appeared to ifs we ought not, (and,
indeed, without an inspection of the
indictment we could not,) interfere
With the regular action of that Court,
but were bound to presume that if the
indictment, when at the proper time
it should be brought up for examina
tion, failed to present a ease of which
that Court had jurisdiction, or charged
no offense at all, the Court in which
it was formed would so decide, and
that all such questions were prelim
inarily within the proper scope of the
power of that Court, But now the
-case is different; all those questions
lhave been properly urged, and without
avail; and the petitioner comes before
us and shows, by the return of the
officer, that he has been pressed on to
a conviction and sentenced to iinpris
onrnent, and is now actually impris
oned, within this State, and that the
sole authority therefor is a transcript
of the record of such conviction.
The first, the fundamental question
which the case presents, is: Has this
Court the power to inquire into the
legality of the authority by which the
prisoner is he'd I
THE -.- : - PE.--.:I:,.PL:E".Si.- . .-.JOURNAL
It seems to me that the solution Of
this question is to be found in a few
simple, elementary pinpositions, which
require little or no proof or argument
to sustain them.
It is the duty of . government to
protect and secure the rights of the
citizen, among which is the right to
liberty.
This duty of the government is to
be measured only by the extent of the
individual right, and it is bound to
proi•ide means adequate to the end in
view.
. If the government be complex, the members of the convention which
means may be distributed and the framed the•Coustitution, ought to ad
obligations of duty divided, but nut so monish us alir,aluit' a, rash
.asSumpfion.
as to fall short of the object to be of exclusive - jurisdiction. That which
accoinplished.. merely extends to a particular subject,
.
Ours is a complex system, with or class of subjects, can not, upon any
distributed powers to all of its parts, legitimate mode of interpretation, be
but all its parts constituting an entire considered as comprising the whole of
sovereignty, and so of course in duty such ,class to the excluSion of .every
bound as a.wholo to furnish complete other povier. Several powers may
protection, extend to - a 'given .class:of subjects; but
Whatever -powers and duties are one can comprehend them all. The
not delegated or assigned to one de- extension of a power to a subject, by
partment or branch of the, entire sov- no means inergesit exclusively within
ereignty, must remain in the other. such power. •
If the one be made up of delegated . But we are relieved from the ne-H
and the other of reserved powers,• the cessity of criticism upon these words,
duties assigned to the former can only by another provision of ,the same in
be
coextensive with the powers dele- strument, in the following words :
gated, and the duties of the latter "This Constitution and the laws of
must be commensurate with the pow- the United States. made "in pursuance
ern reserved, and those powers ade- thereof, and all- treaties made, or which ,
quote to every emergency, not within shall be made under the authorities of
the 800p0 Of 1.1,0 cCol'iilOr. - rho tr.i.t.a sssstss_. "will be the supreme
The Federal Government is one of law of the land ; and me Judges of ,
delegated pow d ers, the State Govern : - ercry State shall be bound thereby."
rnent one of reserved powers: The Here is a distinct recognition of the
former competent to act only within power and duty of State Judges to de-
its prescribed boundary; the latter tide upon and- to conform to all the'
exercising all the functions of saver= requirements of the Federal Constitu
eiguty which have not been delegated tion s and the "lam made in pursuance
to the former. - thereof." If thdterms "extend to,"
The power to protect and guard in a former preision,•were intended
the individual liberty of the citizen, to be exclusive„and to vest sole and
is one of the powers reserved to- the ultimate power n the Federal Courts
States. It was never granted to the and Judges, wh - should the obligation
Federal Government, (except is a of constructioc obedience, and con
very few prescribed cases which have , fomity be inipised upon State Judges?
no bearing upon the present inquiry,) Why are fu. Constitution and•the
has never been claimed for it, but laws of the Forted States " made in
always conceded to the States. pursuaur liereof," made the law of
If, therefore, it is the duty of the every fate/ and the State Judges
State to guard the individual liberty boundinereby, unless those subjects.
has ., wore sdressed to the judicial mind
of its citizens, it must necessarily.
-
the right and the power to- inquire and prscience of those officers ? And
into any authority by which that lib= why rat careful phrase when bs •
:ted those 1 made
officers de in pursuance
were
ad
city is attempted to. be taken away. dreid to State 'Judges, " the laws of
But the power to inquire includes the tthhee„ unless States--
n
power to decide. The right to demand
id
re
by what authority such imprisonment qii- to determine whether whether
is attempted, implies the obligation of °tot • the- laws of the United States
the person imprisoning to respond. *e made in pursuance thereof 1
t seems to me that here is an ex-
The right to demand such authority
on the one band, implies on the other 115-I:e:c(?gnition of the judicial power
the duty to exhibit it. -.• I r the StatesslisVending to all laws
Agains the States have delegated to if the United States, ainr requisition
the Federal Government the power 'f obedience on , the
_part n' t 5 !... a .!'
to imprison its citizens, in certain Judges to all the laws of the United
cases, but in none other. So far, then States, provided they are made in pur
as that Government acts upon tlt, nuance of the Constitution of the Uni
power thus delegated, the States cl' ted States. •
not interfere to protect its citize,i This view is strongly fortified by
but in every other case, they not o' the historical fact that various attempts
have the power, but it is their sole' Were made to create and establish one
duty to interpose their - authority. -s ultimate, sole - tribunal which should
the power by which the Federal N- finally decide upon all questiOns which
ernment can impris(m, is a delee• might arise in the course-of Federal
power, it is bound to show, in .rY and State Administration, in regard
case where it imprisons, that it ict - to the exercise or claim of delegated
inglapou some power delegatt It powers in the Federal Government
must be "nominated in the bot on the one band, orreserve • d
powers
The ConStitution of the kited in she States on the other. -
States•sed. But the
17 the deed of grant, eis . project was found to 'be
by written charter, of all thewers impracticable in the - then posture of 1
delegated to the Federal G-oinents affairs, and the attempt was abandoned; i
The States severally retain i'e of the Convention. preferring rather to
sovereignty limited only by local
. incur the hazard of, collision, trusting
Constitutions prescribed b . f pen - to the good sense,. patriotism, and for- ,
bearance of the two G •
overnments, and
pie of each.
.•
'
Therefore, to me it Wl', that the people, to meet • and' provide for
when the Federal Govi nt . at- . such emergencies as there might arise,
tempts to act in a givi! i e s its Is than to create one sole ; ultimate tribu-
bound to exhibit a - casi‘Cliin its nal, which might, either abstract from
P prescribed powers; for s .
other- and destroy the efficiency of the one,
wise, it would t sumption or absorb all the powers of the oth •
involve a . other;
of inherent powers, an ;:scen its leave the one a mete - league, or -the'
baiter. er•
oth mere dependent colonies of a
ted, and
. As the States 1.1 t ,_ consolidated . Government, accordingly
the Federal Governni n‘ power, as direction or bias niight chance to be
t snswerable given it by temporary. • .• . .
the latter is at all _ .. _ exigencies ma
to the former, and nil vq?i!ed. to. dent to the commencement Of a new
exhibit the deed by ''t claims - to and untried System. -
do, or refuses tep:th primaryany given It is clear, therefore, that the Fed
act, act, when so regain eral Government can only, operate
mar -ed
original authority. -
th Unitedwithin the prescribed spherek
-
In the Constitut e out by the Constitution of the United
. . red the in-
States sound poll% States; that, that Government is at all
il y which the times answer
corporation et „ . able to- the States, so far
, d, might be. as to b •
Government, t ' ul be enabledbring their action. within the
such in fact, arulY • to charter: that the judicial power of the
. . ,3.11 of the cre- Union is as much•
. circumscribed by the
apt upon individ
ignties. This Constitution
ative eonstituett - as' every other depart
,s. lsned by the merit of the
could onlY ,---:.
partment, Federal ' Government:
creation of a jr - P .•.. an- . that an Act: of Congress without the
~:nt within its Constitutional
sphere; would be no
preme and Itsolose process law:that .
prescribed s
y citizen. But out
should .extend • the. ' Censtitutionarsphere, would
, element of sov- he no
in giving up, a ' fii
, re u y guarded that of th
judgment, sentence,- or decree";
ereignty, tne. e acts of .Congress the State
with provisions
Judiciary
it, hedged '• d . • are bound to_ judge, when.-
, s e were inTas- ever .
which it - vv1•1 : i • • . are brought before . it, so ia .
sable. Th.,
t e its exica jn to ascertain'• ..
whether such arts are
, selected, whose made• -
words rtio e . . •
mi on in pursuance - 'sof tharConstittn;
ly be staken, ti on,"
import cet ~ because that judiciary "is bound
was supposed no thereby."
and bey on • . .
DEVOTED TO THE PRINPIPLES.OF DEMOCRACY, AND THE DISSEMINATION OF MORALITY'LITERATURE, AND NEWS
COUDERSPORT, POTTER- COUNTY, PA., FEBRUARY 23, 1855.
venturesome mind would rush. The
judicial power shall extend to all cases
in law and equity, arising. under thii
Constitution, the laws and treaties
made, or which titian be made under
their authority," &c. The words "ex
tend to" might, perhaps, upon the the
ory of liberal construction, be held to
be exclusive in, their import, were it
not for another provision of that in
strument which will presently be no
ticed. But the very selection of ,the
words "extend to," when we consider
the extreme. caution observed by the
. The States never yielded . . to the judgments and decrees are made and
Federal Government the guardianship pronounced by the peaceful and con
of the libel ties of their people. In .a stitutional masses, which they bad the
few carefully specified instances, they wisdom and foresight to provide in the
delegated to the Federal Government organization of the Government. Col
thepower to punish, and so far, and - lisions of this kind - are by no means
so far only, withdrew their protection. new in. this Government. They'have I
In all else they reserved the power occurred froin time to. time, as the
and continued the obligation And duty supposed exigencies of the country
upon themselves to secure the rights' hare called into exercise new powers,
of their citizens, declared to be in- or seemed to require the adoption of
alienable, viz.; "life, liberty ; and the new measures. But such . collisions
pursuit of happiness." •- have all along our history found their
Itivill readily be conceded that the' appropriate. remedy, in the awaken
provision which the people have made rug of inquiry, in a recurrence to pri
in their government, for the protection wary and fundameutal principles, and
of thrise rights in,thern individually, is in riretnrn to the constitutional sphere.
founiV in ~ the . Judicial department. And so it will ever be; until one or the
Thatts the arm of sovereignty which• other shall rashly or madly rush on to
they "evoke when these rights are in- extremities in defiance Of constite
diviaally invaded. Every citizen has tional remedies. -
'a riglii to appeal to the fundamental, The State Judges and Courts are as
eharacterof both sovereigntiesto which much bound to support the Constitu
he is :object, to test the validity ofthe tine and laws of the United Stater, as ,
authority by which his-right to liberty are the Federal Courts and Judges.
is dened. It follows, therefore, that I cannot yield to the assumption that
the - Over which he has a right to theformer will be less mindful of their
invokeln his behalf, nust profess the oaths and 'obligations than the -latter,
right - 4 inquire into the conformity though I can readily perceive why the
with !le authority set up over his State Judges. may be naturally more
natural, rights, with the fundamental I mindful of the exact line of demarka- 1
law. As a State JudiCiary is the only don bet Ween delegated and reserved 1
pover to which the guardianship of, powers, because they are under the i
individual liberty is iutrusted, it fol- additional obligation to support the I
lovs that it must have the right to Constitution and rights of the States,
inqvre into such conformity. - If these views be correct, bow stands
It would seem obvious that this the present easel It is clearly our
potr to inquire has never been sur- - duty to grant this writ, to inquire into
ren red by the States. It is reserved the cause of the prisoners' capture and
to dim and the people thereof. Hence detention. - The return of the re- '
it is higinal in. the States. If original, spondent sets out such cause. Our
then ire appropriate means and instru- next duty is to inquire into this return, i
mentides incident to its exercise, are in order to. ascertain whether the I
1
alike served and original. Among prisoner is held by any legal authority. i
such iytrumentalities, the writ of ha- 'lt will be conceded that the only right- I
beas ca-pus is espedially recognized ful authority by which he can be im
in
the (onstitution, and a positive' ex- prisoned must be exercised either by 1
hibition upon the power' of Congress the Government of this State, or by
to intecere with its scope and func- that of the United States. No other
tions, accept in specified cases, is- earthly power can rightfu4y interfere
carefully inserted. As if it were not with his right to . libeity.. But it is con
enough to restrict the Federal Govern-
ceded that he is not held by the author
ment to the specifically delegated ity of this State., The. - next step. in ,
powers,'but to render the power of the the inquiry is to ascertain whether he !
States more conspicuous, certain, and is heldi by any constitutional authority 1
efficacious, for the protection of indi- of the Federal Government. What
vidual liberty, all power on•the part of ever such authority may be, to be of I
1
Ccngress,to suspend even, isexpresily any validity whatever, it must clearly '
denied: . • appear to be within the powers dele
.
Therefiire, so far as the proceeding gated by the Constitution and the laws
under this writ- is concerned, it is of the United States made in pursuance I
original, and, from the necessity of the thereof. Any other power attempted
case, the jurisdiction of it is original i to be exercised by any department of
I
in the State; and, as Congress cannot I the Federal GOvernment would he a I
suspend its benefits, it cannot abridge I manifest usurpation', and of no binding- I
the power and jurisdiction of the State I validity.. -The National Convention :
judiciary;• it follows that it can grant I that framed the Constitution was ex- .
to no one exemption- from the obliga-ceedingly cautious about conferring !
I
tion of obedience to its mandates. criminal jurisdiction upon the Federal
And it as clearly follows that' every I Government; so much so, that an
individual within the State, no matter I
enumeration of•the crimes for which 1
. . what authority he may claim to act, punishment could be provided was
4 i s r 1;(..;;;i1; o — O l b
e 2 y lz; t he 11 e"" .: l i ' v st ; e -1, 1 : n - li q a - ci, -
his p tr .l i eir
obligation o.
sometimes
le earth timo
ef eau a os r
ba r i
eaddb, s.t b .ee: ec lo a i .
rn use t z o !: e a7fl . illy made. Congress has, how
-I
'' - I.i• ever, provrded for the definition and
•
/ i , •:—., , T-1, : of numerous other cri.r.
this writ is pumshrn-- , eessarily inel../?.liv: '
and offenses, a5 . ...4 . ... , .. 1 for_l7," ~ , \,, z -...%:e- . .i;'isi
in, the nature .of a writ of error,. to the due execution o powers expressly
review the proceedings of an inferior granted. But all - aeree that the Fed
court or magistrate; This is some- eral Courts can exercise no criminal
times true.- But without stopping here jurisdiction,. except in cases specifi
to inquire, whether for the purposes Of tally prescribed by act of Congress.
thiS writ, the inferior United States
for E m ine b r i y a -a t ct of t Congress must be con
authority, t c u p t s i s o s n r , y t l t i o a tt
the :,
ant Courts bo i:i
tbye;
as
s r b e
regards not the inferioro ffie
e t to
r S t t a h r e e
either the exercise of some power
writ in a proceeding like this, it can expressly
hardly partake of the nature of a writ goranhteed,e°cn
execbution of some express power.
i o . c o c r a s c i o o n n a g.
i t teem swap
of error.' Every sovereign power has
j t e tn a r d ir t e be in a to uth tl o ra ri c ty on o d r ition of to I sho av w e o th n a a t ri t iht e he a r n
i n ts ri st i b l
causesproved September 18,1850 commonly
of their imprisonment. This writis called the Fugitive Slave - A ct,wasnet
the appropriate means of this inquiry, within the Constitutional power of
When the State uses it to inquire Congress. Congress. 1 haire no time now to en
whether the citizen is imprisoned by large upon the views there, presented.
virtue of a power which it has dole- But I may be permitted to say, that'
gated to another Government, it does after careful research, and much re
not bring the proceedings of that flection, I have not been able to
p
Government info review; it only seeks ceive any reason.to recede from the
toinquire whether the case falls with- positions
then taken, but on the con
its
the own
)p
e reserved
fo p r o m w e e t r , s
i . t .I. y f i
a .
lwdis to contrary
traly, it is-clear to my mind, that the
sovereignty tr a n nd destructive
iendtoeptebnedepnecaeneof
and helped
r t a o rn r o e u s n t. t a
i ti
r th n o o r
t i t , y it ridl i r s i c p l o r
s i e t s has oN
of
States,
the subject matter according to its own harmony of the .Union, and ultimately
subversive of the very
and 13tit l d end and aim
forTmbs ofe
obligationsa a n
n e o m t p di a s t n e b
a . z. b e y e t m h
y a t
d e u n t a y ctment. I
procednre,
of the State -
aFeeidi,aedratloGboaverarnumtneanits
and
d e h r e a r aip ein rn p n e a r l:
affirming- the conchrsions to which I
The one to abstain from interference, then arrived: I cannot hang m yr y ith c o o u n:
whenever it perceives the Subject
.or,n science d upon the suggestions or opin
sdnilitaaottwitoenrattosort b tt I
h e t: i
a v ou i
t t
th h he i
o n r
1, a
- i t h t
e a 0 dictated
must dbyt
judgeheco and
nsClenCes. of
y n and I l i h t d a nh ed
t bi other ta j ia u i r i m s to others. Imhars. They
aet for'
theselves. - -So must I. It be
to exercise is within the powers dele- faithful to my, trust, as others, n i
d u O doubt
gated,
s b t l
y, -
gated, and which. it may rightfully less, are to theirs. But believing,
exercise.
.There is little daneer of d a o, s that . Congress had, no power -to
troublesome collision so long as ° each
apnds
obligations
act 'of 1850, that the dutier
shall be- Willing to measure its func-
ion i f gations declared by the Con
donsto ultimate
sil,nog b i
dyfs: thesubmission
bonnn
ri s isas t ios a ni n ono d n,f a so r an d : l
atbcphrsaeeilo,utenetreed.
hand
b anii y nquali .
i t e h iisf e ; ,s s t t
. i
t t ut ' in s that respect, by the 3d
Sates, t c laus eutioon; w e e c r . 9 2, of act 4of the Con-
I and all poiivinerpionserdelatinopnonthetrhen--`'
am conitrelled to
rtienqnu'isite, and on the. other a perfect to, reserved to the Slates andthe
hold
immunity to claim and usurp all power, pie, -
: nneonstttutional and void,
and to be the Sole and ultimate judge
wn claims, then act is
can confer no authority upon the Fed
collision of the • validity of its, n
collision is ..the_ preferable. akernaiive, eral Courts
becamienollision invokes the arbitra- .-This doet , rine'ioes to' the jurisdic
merit of the ultimate source. of all lion of the Court
power, the people themselves , . :- -' —ourt which attempted - to
whose try and sentence tiiii petitioner, which.
•
jurisdiction is always subject to inqui
ry and decision in any other Court in
which its procecding may come in
question, collaterally or otherwise.
This is true of. Courts of general ju
risdiction, and much more is it true
in regard to the jurisdiction of Courts
o r inferior special and limited jinis
diction.
The 2nd clause of the Ith section of
the Ist article of the, Constitution of
the United States provides : " The
privilege of the writ of habeas corpus
shall not be suspended, unless when,
in case of rebellion or invasion, the
public safety may require it." The
inzertion of this clause in the Consti
tution, clearly indicates the extreme
caution which was exercised by the
members of the National Convention,
and also. the apprehension which they
felt lest the power of the'States might
prove too much for that of the Fede
ral Government. White, on the one
hand, they obviously intended to leave
tothe State Governments the jurisdic
tion and control of this high preroga
tive • writ, in all ordinary.circumstan
ceS; and on all ordinary occasions,. on
the other they granted to Congress
the power to suspend its privileges
whenever they should manifest an
open rebellion against .the Federal
authority, or an invasion of the na
tional or state territory. The suspen
sion of the privileges of the writ, here
referied to, could not be held as
applying only to the power of. the
United States Courts to issue it, be;-
cause such - power could be made c to
extend to but few cases,. and, Mora
palpably, because it could hardly be
conceived that the national Judiciary
would ever be found disposed to use
the writ in aid 'of the subversion of
the very authority upon the existence
of which their own functions depended.
Hence it is apparent that the inhibi
tion and the exceptions therefrom
have reference to the State function
aries, and the clause must be regarded
as restrictive upon the power of Con
gress to interfere with the authority
of the State Judges to issue, hear and
determine the writ.
This clause, then, may be regarded
in two aspects, the one as an express
reservation to the States of the power
and jurisdiction over the writ of ha
beas corpus in all cases whatsoever,
except in cases of rebellion or inva
sion; when the public safety might
require its suspension, and in such
-cases, as an absolute grant of power
to the Congress to suspend its -privi
leges. But these cases must be de
clared by Congress before any sus
pension can be ordered. All this goes
to show that the framers of thenia
in- 0. •
stitution not only - rec.r,---• , I.l'
•
-con
•. States the gener.;),.o°,.'..io n ea in the
the wr , r p it .... .:= l ;:i z e• lr lN:
il i :r 2..dtso - lu a te control of
, VIII by the provisions cited,
ez teiy required obedience to it,
• on all occasions, and by all persons
land functionaries, whether State or
Federal, unless -Congress should de
clare the existence of the emergencies,
wherein it might and should suspend
its privileges. I
Iu view of this remarkable'provision
of the Constitution, it is not a little
surprising that a claim is lately set up
in behalf of Federal Officers, even of
the lowest grade; of entire immunity
from any obligation to regard the
writ when emanating
,from State
!I authority, and thatjurisdiction of this
writ is pertly quest .
ioned by inferior
ministerial officers, even when issued
from the highest judicial tribunal of
a sovereign State. However regard.
less a people may be encroachments
upon the power to which alone they
have confided their liberties, it would
seem that such pretensions, from such_
sources, could. hardly fail to invite: .
inquiry in regard not only to the
rights of sovereignty originally re
served, but • in regard to what yet.
remain, nut yet frittered 'away by
thoughtless acquiescence on the ono .
hand, or voluntary surrender on the
other.
But it seems to me unnecessary to
pur,ue this subject further. The
whole tenor and scope of the Federal
Constitution, indicate most clearly
that the State Judges, and indeed all
State officers, are essential to its main
tenance and support, and accordingly
the very last clahse in the instrument
requires such officers to be bdund by
oath or affirmation to support it. Yet
the course of reasoning sometimes
resorted to, in order to oust the State
Judiciary of jurisdiction of a consti
sutional question, is based upon the
assumption that State Judges must
necessarily be reckless of such obliga
tion, and that fidelity to official duty
is only to be expected from Federal
officers. But this assumption goes
too far. his a weapon with a double
edge. The same hypothesis presup
poses that Federal Judges are utterly
unmindful of the restrictions which
the Constitution imposes upon Federal
power, and that they for` •
the sake of " uniformity," to admin.
NO. 40.