Address of L Madison Day

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But this supreme and irresistible power to make or to unmake resides only in the whole body of the people ; not in any sub-division of them. The at- tempt of any of the parts to exercise it is usurpation, and ought to be repelled by those to whom the people have delegated their jiower of tepelling it. " So in Ableman vs. Booth, 21 How. R. 523-4, (which was a case growing out of resistance to the execution of the fugitive slave law in Wisconsin, ) Chief Justice Taney, in giving the unanimous opi...nion of the Court, says: " 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 de- tains 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 coryus issued under State authority.

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