by John Marshall Harlan

“ But it was adjudged that the statute did not imperatively require the circuit court, by writ of habeas corpus, to wrest the petitioner from the custody of the state officers in advance of his trial in the state court; that while the circuit court of the United States has the power to do so, and could discharge the accused in advance of his trial, if he be restrained of his liberty in violation of the national constitution, it is not bound in every case to exercise such power immediately upon application being made for the writ. ”

“ That discretion should be exercised in the light of the relations existing, under our system of government, between the judicial tribunals of the Union and of the states, and in recognition of the fact that the public good requires that those relations be not disturbed by unnecessary conflict between courts equally bound to guard and protect rights secured by the constitution. When the petitioner is in custody by state authority for an act done or omitted to be done in pursuance of a law of the United States, or of an order, process, or decree of a court or judge thereof ”

“ The indictments referred to were five in number, and were based upon the Penal Code of New York, which, among other things, declares any person guilty of forgery in the second degree, and punishable by imprisonment for a term not exceeding ten years, who, with intent to defraud, forges an entry made in any book of records or accounts kept by a corporation doing business within the state, or in any account kept by such a corporation, whereby any pecuniary obligation, claim, or credit is or purports to be created, increased, diminished, discharged, or in any manner affected ”