Weekly hawk-eye and telegraph. [volume] (Burlington, Iowa) 1855-1857, 1856-02-20
FssFs the csiessa Trih1ee-
CONFL1cT or JURISDICTION.


inc OYRDSbBR FHbttsNs fR8a@
II viii be remembered that gang Of slaves,
seven In number. escaped from Kentucky, a few
DAYS ago crossed the river on the ice 10 Cincin
matt we're arrested III honse on the oat-skiris
OF the CITY, apon process issaea Under the pro-
visions of the Fugitive Slave Law, thar while the
posse was forcing their way into the house where
those slaves we're concealed a slave mother OF
the f,aris csst the throat of one OF her children
with knife that the child might not be dragged
back to slavery: that all of them seized and
conveyed 10 Jail by the Z. s Marshal and that
they we're brought before the L. S. Commission
er for examination.
At this point the State OF Ohio steps in to cx-
! crt her authority. The Grand .Iary OF Hamilton
iatcIs in session indicted that slave mother for
murder, and the others as accessories. The
Sheriff. armed with the process of the State
asserts his right TO the possession of the crimi
nails 10 the possession Of the Marshal. The Latter
refuses 10 surrender, but throws himself back
upon the Fugitive Slave Law, and contends
through his counsel that il is the superior
authority, and that the sovereignty OF Ohio must
Weld.
Here the matter stanis-ihe United States and
| the State of Ohio the opposing claimants, and
! neither disposed 10 surrender single point OF
| jurisdiction, or a single right with which il l.
| invested. OF coaric the people of the city are
| divided and the excitement caused by the nature
OF the tragedy just enacted is not aiayed by the
| conflict nov going on. The uttraisss, whose
theory is State rights when notification aud Sc
cession is 10 be attempted and the interests OF
| the Slave power are TO be advanced. are strong
| in the opinion that the authority of Ohio Is
| bacatellc--that the Law Of Congress is supreme,
and thar the decision of the Commissioner is fipai.
Such is not the doctrine of the State Rights
| Their position is so clearly stated by the Cinen-
natl Commercial that we cannot forbear to quote
the following:
! 1t is probable that were this case Invested OF
all prejudice, of MI party significance, and the
feeling of private interest, 1t would present no
very especial difficulties. The laws of the United
States do not declare one thing and the statute 5
/ of Ohio another and different thing, neither Is
there anv Que son as TO which court Is empow-
| cred to fry the issue upon the ownership oil the
! slaves or to which has been committed the duty
| to hear and decide under the criminal prescott
| ton Neither tribunal stands in the position OF
| questioning the authority OF the other IN Its ie-
| climate sphere: neither so far as VIC are aware
| manifests the slightest disposition TO arrogate
powers not its own, to stretch its authority, or
| to contemn or deny the constitutional authority
of the other The question is, which claim in
| this case is first in order Of precedence-that o!
| the Marshal, representing the property OF the
master in the slave or that of the Sheriff repre-
seuting the right of the State as sovereign pow
err TO punish offences committed within its terri
| tory.
| Were the Ohio river removed, and the boun-
diary between this and the neighborng State OBJ
| liteinted, there would be no question remaining
/ Kentucky Furnishes the slave equally, ut least,
with the freeman for the offences which he conf
/ mits Public Justice does not ask OF the master
the privilege TO hang or iinprson his property.
| The good of that society demands that the
wrong-docr shall be punished-why not the
| good ofthis? The peace of the State of Ohio is OF
| as much impO rtance as that OF the State OF Ken
| tucky and the right to use all proper measures
to secure the is as perfect III one c;.Sc us IN
! the other Shall it be said that servitudc gains
under the fugitive law--cnacted, as we have been
| taught TO believe merely for purposes of recap
| tion--qualitics in the Free States that it does
not possess at home? Is slavery stronger bond
ii higher right in Ohio than in Kentucky?-
| Not surh certainly. was Tie intention of the
| trainers of the Constitution; not such were the
protested designs of the makers Of the law. BY
being, through the force of the Constitution.
| temporarily transferred TO the Free States, sa-
| very acquires no new prerogatvrs 1t Is mere
| " continued rs Il tenure for one purpose and for
one alonc-that of the return to his master oil
the person held to labor.
| When the L. S. assumes the duty to catch and
| return the negro to his owner. and enters the
hound aries of Il sovereign State for the purpose,
| it is subject TO all those restraints and linz
iialions which necessarily belong to the nature
of the service, and which the sovereignty Of the
Safe may RICH fully impose. Gran ed that the
! Nationals, within its own sphere, the paramount
Government, so is the State, within It's sphere,
also paramount. Except where specially invest
ed by the Constituto !, the Union has no power
whatever First and highest OF all lhc rights
| and DreTogatvcS oil Gov, rnment, is that ny
which society provides for the Continuance OF
! It's own existence, by cnHctng laws for the pUi-
ishment OF crimes committed NithinitS territory,
| Under our form of Government, this right be
longs to the States. In this respect, the author
ity of the State is paramount, and whatever o
tiyc the Union assumes to execute, it does it sui
| jrct TO this author ". The Union may take the
negro and return him TO his master; but if dur
ing his residence among us, he has committed
a crime against or laws, he has made himself
the legal subject of those laws, and must remain
under their penalty, within their power, until his
crime is cxpiatcd. The laws OF the sovereign
State OF Ohio know none so high rs to he be-
| vond their reach, none so low as to be beneath
lhcir grasp, no party so privileged that they may
be set aside in his favor.
This seems to us rs it will 10 most other States
| Rights men, conclusive. The Mayor of incinna-
ii, himself Democrat, but not of the Nebraska
| species, has issued his instructions TO the Gu ct
| o. Police in which these views are substantially
embodied, and in which he also calls upon him
to support the Sheriff with all til. assistance in
| ILLS power, 10 aid in executing the process Of the
Safe. 1t is fortunate at this crisis that Ohio has
a true man in the Executive Chaic, and that the
Legislature is in unison
! We shall see what will he the result.