Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1857-06-12
.-.. From the Richmond South.
The state of Ohio VS.. The United States.


We find difficulty in creditng the report that
the President has instructed the United States off
cals in Obio to adopt the most energetic of
redress for the recent defiance of the Federal laws
and authorities in that State. The emergency GER
tainly demands prompt and emphatic nterposition
OF Federal power and We have no mistrust of Mr..
BUcHANAN's frmness and fidelity in maintaining the
majesty of the law ....
The case is briefly this: in the execution of GER
tain provisions of the act for the recovery of fugitive
slaves, the United States Marshal, with his asss.
tants is arrested under warrant from the State of
Ohio. is oVerpowered by superior force is compelled
to deliver up his prisoner and is himself taken into
custody on criminal accusation. Here is direct
conflict of authority between the States of Ohio and
tt Federal Government, not in with respect;
to which they have concurrent jurisdiction, but in
matter concerning which Ohio has renounced all
right of iuterferences, and over which the Federal
Government has absolute and exclusive CONTROL
The polnE is perfectly clear, and there is no
in attempting TO invoke State Rights in apology
tor the unconstitutional laws Of Ohio, or in
justification of lis revolutionary resistance 10 the au
thorities of the FeIral Government In the case of
eT pG1te Jenkins, the Supreme Court of the United
States unanimously decided ''tha the jurisdiction of
the courts of the U. States is limited but, within its
limits, supreme. The State courts have often in
many cases, concurrent jurisdiction over the same
subjects and PERSONS but neither treat the other
as an inferior jurisdiction, except in the where
the Constitution and the acts of Congress have given
sucn power to the courts of the United States
When persons or property are liable TO seizure or
arrest by the process of both that which first attaches
shou have the preference. Any attempt of either
to take from he1egal custody of the officers of the
other would be an unjustifa Bile exercise of power,
and lead to the most deplorahle consequences -
Therefore, if person be imprisoned under the civil
or criminal process of one the other take him
IRON such custody in order to sui ect him to punish
ment for an ofeL1e against them. fugitive can
moi be taken from the legal custody of the Sheriff, by
any warrant from the courts of the United States, in
order to extradation, under the acts of Congress-
Neither such fugitive, lDhen an custody of the
MdrshoL onder legal process from Judge or Com
missioner of the United States, be delivered from such
custody by means of habeas corpus, any other pro-
cess to anSUer for offence against the Stat hether
telony CIR misdemeaaor, for any other purpose"
Again Judge MCLEAN, himself the chief of the
Two representatives Of the Abolition party on the Su-
preme Bench, gave this judgment in 1855, in the
case of er parte ROBINSON
4" State rights are invoked by the counsel II
those rights construed to mean Suppression OF
the Federal authorities, they may be somewhat in
danger. The common power has jurisdiction in this
case, Is clear. While duly engaged in the lnvestiga.
ton of the matter, the honorable Judge common
Pleas, whose motives I by no means question, by
ho6eas corpus, took from the Custody OF the Marshal
the body of the fugtives, which left the Commission
er without case. II wrested from him, without any
authority of law, the subject of his jurisdiction.
L preCedent. Had
Commissioner of Federal Judgeinterposed, and, blythe
means, had disregarded and disturbed the juris
dction of the State court should have felt no less
concern than the eloquent counse.-A sense of duty
compeIs me to say that the proceedings of the hon
orabe Judge were not only without authority Of law,
but against law; and that the poceedings are void
and am tound to treat them nuity.'
In the absence of any pretence of law 10 sustain
its unconstitutlo tlona pos on, the State oil Ohio will
De uflVen 10 submission, or to an assertion of the
rights OF revolution. The matter will soon be brought
to an issue fer Judge Leavt, of the United States
District Court, has granted writ of habeas corpus
against the Sheriff OF Clark county, commanding him
TO produce the bodies of the Deputy Marshas whom
he nolds in custody. Very likely the Sheriff will
refuse TO obey the writ in which event an attach
ment will issue and will be executed at every hazard
Here is possibility OF collision between The officers
OF the United States and the authorities OF Ohio nav,
certainty almost for it is probable that fanati-
cal Ohio, with Chase for Chief Magistrate, will eat
all lis brave words and ANONYMOUSLY retreat from
It's position of resistance the eXecu, On of the Fu-
gtlve Slave Law. 1t is said, moreover, that the
United States Marshal in Ohio intend; 10 arraign all
the parties implicated in th recent outrage including
Inc Judge who issued the .rrdn for he arrest o the
Deputy Marshals, as well the Sherifs who served
It A promising prelude, tluIy, to another angry
agitation
/ The New York Commercial kdUertistr falling into
It's habua strain OF sly apology for the excesses of
AboiIt'onsm gravely lnfe:s from this collision in
OhIo that Ii IL utter useless to undertake The execu-
ton OF law so repugnant 10 the popular feeling in
the tree States as is the statute for the covery of
tugll'e slaves. very rational conclusion, only it
is susceptible OF an application which would un-
doubtedy shock our conservative temporary-as
much as II frishtens If the rights of the South
be IN such ireeconcIlabe conflict th the mola con.
vctlons of the North that the sacrifice of the one is
necessary 10 the satisfaction of the other some people
might conclude that it would be better at once 10
Spve q nj orI11
the Interests of the two sections be SO opposite and
incompatible as not 70 allow Of community of law,
What sense Is there IN attempting to maintain com.
mon government Since the N forth refuses to forego
Its scruples against slavery, II is certainly very
reasonable to expect the South to surrender its essen
al lights and interests 10 perpetuale system from
which it receives perhaps less of benefit than it
dures of wrong
We not advocating Disunion, but simply fore
sbadowing the consequences of the position assumed
by the New York Commercial Adrertiser.
Two DUELs, BUT NOBODY HURT.-We learn,from
the Augusta ConSt,tutionaHSt that duels were
fought on ednesday morning the South Carolina
side of the river few hundred yards above Hamburg
The first took place between Mr.. Phillips and Mr..
Moorefeld ; the second between Mr.. Prather and
DR.. Appleby. MsssTs Phillips and Prather are the
editors of the Lafayette [Alabama) Tribune, and Mr.
MoorfeId and Dr. Appleby, editors OF the Lafayette
Herald.
he distance vast ten PAGES, and pistols the weapons
used. After the first fire in each duel mutual friends
succeeded in adjusting the difficulties between the
parties. Fortunately neither duel was attended with
any iDj Jury.
A REMEDY FoR SPRAINs.-A friend has handed tc
U.s. says The Buffalo Republic. the following recipe
tor sprains, the publication Of which, ifit be good
he deems it, may be productive of benefit TO some
| of our readers:
"One pint of soft soap, Country preferred) one o
whisky ; mix and boil them until the quantity is re-
duced about pint IL will then be OF the cousis