M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1856-05-01
The Hnhens Cornus Inv.

Inc low VIII w AOuuu Ou luC OuL'
side Of to-day's paper. We hopeey-
cry subscriber to the Democrat will
read the following, which we clip
from the Ohio Statesman, in regard
to this act of the recent fusion Legisla-
ture. That it is an outrage upon the
good sense of the people, and dan
gerous to the peace of the communi-
ty in which it may be enforced is too
plain to admit of ia doubt:
"The provisions of the bill are in
keeping with the surreptitious tactics
by which it was foisted upon the State.
Its legitimate effects will be to bring
into conflict, and to embroil, by in
creasing the antagonism Of, the fed
eral and State jurisdictions. If it do
not engender this unmitigated evil,
it will become adead letter, and fall
short OF its design. Purporting to be
an act to amend the Ha6eas Corpus
Act, it is a departure from the true
principle Of Habeas Corpus, and must
tend to weaken and obstruct the Just
course ofcriminal law, without adding
single valuable safeguard to person.
al liberty. One essential element of
the Ha5eas Corpus writ is its being
directed to the officer alleged to have
illegally deprived or restrained the
prisoner Of his liberty, and the penalty
imposed for the offence of disobeying
the command to bring the prisoner
before. the court, and show on what
,grohnd or by what authority he is i'm
prisoned. This substitutes q wholly
different proceeding. Instead ofhOld-
ing the officer responsible for the deten.
ton, by commanding his appearance
and showing it issues the writ to anoth-
er officer, to take the prisoner out ofpos-
session of the first, and it requires no
appearance and no answer, in accor-
dance with all prior legislation on this
subject. Thus where the restraint has
been illegal, the question is not made
as against the offending officer.
The act was intended specifically for
wrestling from U. S. Marshals, the
custody of fugitive slaves. This was
avowed. 1t was said in opposition
that in many such cases, it might be
in all, conflict between the officers Of
the State and of the United States,
would be inevitable. The Marshal is
as absolutely bound to enforce his
warrant, as will be the State officer
Neither has the least discretion. He
must enforce his warrant, or'be liable
to heavy responsibilities. Yet the pro-
cess of each is directly hostile to the
other. Each is required, if he appre-
hends opposition, to call out the force
OF the vicinage. 1t is easy to see,
therefore, that either the federal, or
the State law must be disobeyed by
lis own officers, or mortal war must
result.
Bat this calamity may not only en-
sue, in "street fight over a fugi-
tive slave. The law was 50 formed
that the same scenes of blood and car
mage might occur between the minis
terial officers of tue sveral courts or
counties, where the party held is
charged with any criminal offence
against the State OF Ohio. So that
this rampant sympathy for the
slave, has found vent in statute
which exposes the citizens Of Ohio to
deadly conflict at any hour or day.
While the law was intended for the
eniranchisement of the negro on our
soil, it may legtimatly afford full op.
portunity, through corruption or vic.
lence, for the escape Of the blacklist
criminal. 1t will not do to hope thai
such results will not flow from this i'll
starred legislation. 1t is enough tt
see thatit may any moment operate,
by its obvious terms"