process, and that he held the petitioner in custody
by virtue of a warrant of arrest in due form,
issued by a competent magistrate, to answer for
an offense against the State laws, I presume the court,
in the absence of any further showing, would instantly
remand the petitioner to the custody of the State
authorities without regard to his official position
or the nature of his public duties. But,
on the other hand, suppose there should be a traverse
of the return, averring that the warrant of the arrest,
though apparently regular in all respects, was in
truth but a fraudulent contrivance designed and
employed for the sole purpose of hindering and
obstructing the petitioner in the performance
of his duties as an officer of the government
of the United States; that the magistrate who issued
it, knowingly and maliciously abused his authority
for that purpose in pursuance of a conspiracy
between himself and others, and not in good faith,
and upon probable cause to bring the prisoner
to justice for a crime against the State. How
then? Here is an apparent conflict—not
a real one—between the rights
of the government of the United States and the
government of the State. The one has a right to
the service of its officer, and the right to prevent
his being unlawfully interfered with or obstructed
in the performance of his official duties; the
other has the right to administer its laws for
the punishment of crime through its own tribunals;
but it must be observed that the former has no
right to shield one of its officers from a valid
prosecution for a violation of the laws of the
latter not in conflict with the Constitution and
laws of the United States, nor can it be claimed
that the latter has any right to suffer its laws to
be prostituted, and its authority fraudulently
abused, in aid of a conspiracy to defeat or obstruct
the functions of the former. Such an abuse
of authority is not, and cannot be in any sense,
a bona fide administration of State laws, but
is itself a crime against them. What, then,
would your court do? You would probably say:
If it is true that this man is held without probable
cause under a fraudulent warrant, issued in pursuance
of a conspiracy to which the magistrate who issued
it was a party, to give legal color to a malicious
interference with his functions as a federal official,
he is the victim of a double crime—a
crime against the United States and a crime against
the State—and it is not only our duty
to vindicate his right to the free exercise of his
official duties, but the right of the federal government
to his services, and its right to protect him
in the legal performance of the same. But
if, on the other hand, he has raised a mere “false
clamor”—if he is held in good faith
upon a valid warrant to answer for a crime committed
against the State, it is equally as obligatory
upon us to uphold its authority, and maintain
its right to vindicate its own laws through its
own machinery. To determine between these two