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two distinct and separate sovereignties within the same territorial space, each of them restricted in its powers, and each within its sphere of action, prescribed by the Constitution of the United States, independent of the other. But, after the return is made, and the State judge or court judicially apprized that the party is in custody under the authority of the United States, they can proceed no further. They then know that the prisoner is within the dominion and jurisdiction of another government, and that neither the writ of habeas corpus, nor any other process issued under state authority, can pass over the line of division between the two sovereignties. He is then within the dominion and exclusive jurisdiction of the United States. If he has committed an offence against their laws, their tribunals alone can punish him. If he is wrongfully imprisoned, their judicial tribunals can release him and afford him redress. And although, as we have said, it is the duty of the marshal or other person holding him, to make known, by a proper return, the authority under which he detains him, it is at the same time imperatively his duty to obey the process of the United States, to hold the prisoner in custody under it, and to refuse obedience to the mandate or process of any other government. And consequently it is his duty not to take the prisoner, nor suffer him to be taken, before a State judge or court upon a habeas corpus issued under state authority. No state judge or court, after they are judicially informed that the party is 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 if the authority of a state, in the form of judicial process or otherwise, should attempt to control the marshal or other authorized officer or agent of the United States, in any respect, in the custody of his prisoner, it would be his duty to resist it, and to call to his aid any force that might be necessary to maintain the authority of law against illegal interference. No judicial process, whatever form it may assume, can have any lawful authority outside of the limits of the jurisdiction of the court or judge by whom it is issued; and an attempt to enforce it beyond these boundaries is nothing less than lawless violence.

We are sensible that we have extended the examination of these decisions beyond the limits required by any intrinsic difficulty in the questions. But the decisions in question were made by the supreme judicial tribunal of the State; and when a court so elevated in its position has pronounced a judgment which, if it could be

maintained, would subvert the very foundations of this government, it seemed to be the duty of this court, when exercising its appellate power, to show plainly the grave errors into which the state court has fallen, and the consequences to which they would inevitably lead.

But it can hardly be necessary to point out the errors which followed their mistaken view of the jurisdiction they might lawfully exercise; because, if there was any defect of power in the commissioner, or in his mode of proceeding, it was for the tribunals of the United States to revise and correct it, and not for a state court. And as regards the decision of the District Court, it had exclusive and final jurisdiction by the laws of the United States; and neither the regularity of its proceedings nor the validity of its sentence could be called in question in any other court, either of a State or the United States, by habeas corpus or any other process.

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The judgment of the Supreme Court of Wisconsin must therefore be reversed in each of the cases now before the court.

INDEX

[REFERENCES ARE TO PAGES.]

ABOLITION OF OFFICE-

terminates official relation, 304.

ACCEPTANCE OF OFFICE-

how manifested, 134.

obligation to accept, 131, 247.

ADMINISTRATIVE DETERMINATIONS-
as to appraisals of customs duties, 439.
as to nuisances, 445.

as to residence for taxation, 442.

conclusiveness of, 438.

See also NUISANCES.

AGENTS-

public, not personally bound, 522.

may not accept bills of exchange, 504.

when government bound, 363.

APPOINTING POWER-

discretion of, may not be taken away by legislature, 195.
power of removal incident to, 263, 268.

APPOINTMENT-

governor's power, 116.

how made, 14, 95.

in federal government, 270.

law of, 84.

legislature may make, 94.

nature of power of, 84.

not revocable, 103.

president's power to fill vacancies, 123.

what is, 87, 95.

when complete, 99, 138.

when must be evidenced by writing, 95, 97.

APPRAISAL OF MERCHANDISE-

by customs officers, when final, 440.

ASSESSMENT-

when notice of, to person affected required, 399.
ASSIGNMENT OF COMPENSATION-

by public officers, 330.

AUSTRALIAN BALLOT-

secures secrecy, 51.

BAILEE-

[REFERENCES ARE TO PAGES.]

custodian of public moneys compared to, 593.

BALLOT-

marks invalidating, 59.

origin of voting by, 51.

intention must be clear, 60.

printing of, 58.

BILLS OF EXCHANGE-

authority in officer to bind government by acceptance, 501.

BOARDS-

of canvassers

controlled by mandamus, 66.

duties of, 66, 259.

findings of prima facie evidence of election, 62.
powers of, 62.

of health

power to abate nuisances, 652.

when determinations final, 457.

majority necessary for valid action, 368.
statutory procedure must be followed, 372.

BOND-

blanks in, later filled, 587.

liability to government on, 578.

liability to third persons on, 569.

of de facto officers, 182.

statutory and common law liability, 582.
when approval of enforced by mandamus, 140.
when principal and sureties excused, 587, 593.
CANDIDATE-

effect of vote cast for ineligible, 71.
right of party, to place on ticket, 75.
CANVASSERS-

See BOARDS.

CERTIORARI-

character of act reviewable, 649.

courts having jurisdiction, 659.

discretion of court, 655.

other adequate remedy, 656.

what is reviewable, 656.

will not issue to governor, 654.

CIVIL SERVICE LAWS-

commissions under, 202.

status of veterans, 85, 192.

CLAIMS, COURT OF—

jurisdiction, 495.

COLLATERAL ATTACK-

unconstitutional statute not open to, 159.

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