The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1857-08-27
The Relation Of the FederaI and
State Authorities.

ne AcI0tIOH Oh tuc Eeu1ut Nue
state Authorities.
The opponents of the Democracy are at.
to make capital out of the Cham.
puigu county "Habeas Corpus" cases. They
pretend to be in favor Of State sovereignty.
Their claim amounts simply to this; The
Federal Government is nowhere and the
State Government is everywhere. If an un-
constitutional State law comes in conflict
with a constitutional law of Congress, the
constitutional must yield TO the uncOnsttu.
tionsI law-the Federal, must yield to the
State authority. This is their idea of State
Sovereignty. The tendency of such doc.
trine and its dangerous consequences are
evident. 1t would disarm the General Gov
ernment Of all its powers, and in the end in.
volve the Union in complete and rretrlevable
ruin.
The relations and rights Of the General
Government and the different members OF
the confederacy are plain, simple and beau
tiful. The States were originally sovereign
to the fullest extent, even to that of levyiDg
war, of regulating commerce, of making trea-
ties of peace, ard all other powers common
10 free and independent nation. But in
the formation of the Union, the States cx
pressly granted and gaze dtcdy to the Gen
eral Government, certain Of their rights, re-
serving to themselves all powers not thus ex.
pressly given away. Tins the General
Government in the exercise of the powers
granted to it, by the letter of the National
Constitution, is sovereign. The State, in
the exercise of the powers reserved to itself,
is also sovereign; and neither has eny right
10 encroach upon the other. If the General
Government by legislation or otherwise
goes beyond its granted powers and assumes
to exercise rights which were reserved to the
States alone, then in go doing, il encIonches
upon the sovereignty OF the States, and its
proceedings are unconstitutional and void
If the State, by legislation or otherwise, goes
beyond IT'S reserved powers, and attempts to
exercise or obstruct the rights which were Civ.
en- away and belong to The General Govern
ment, then it encroaches upon the Federal
sovereignty, and its proceedings are uncon'
stitutonal and void. In other words, if the
General Assembly of Ohio should pass n
constitutional law, and afterwards, the Con
gress OF the Urited States should exceed It's
just powers, and pass an act to obstruct the
execution of the Ohio law, then the act o.
Congress should yield 10 the State authority
on the contrary, if Congress should pass Q
constitutional law and the State of Ohio, al
it has done, should exceed It's proper oulhori
ty, and pass an act to obstruct the law 0
Congress, then the State authority shou
vie to that Of the General Government.
Now then, for the application of the doc
trine to the case in HIND: There is claus
!; in the Constitution OF the United Stutes pre-
viding that slaves escaping from one Stat
to another shall be delivered up to the part
to whom service is due. Under this clause
fugitive Slave act was passed by Congres
, during the administration of Washingto
. providing for the delivery up of slaves, al
affixing heavy penalties for its vioIotion.-
This act was signed by GEORGE WASH
. INGTON, then President of the Unite
S States. Afterwards, in 1850, another fus
o tive slave act was passed and the former on
repealed The last named act has been prt
k nounce Constitutional by every member
g the Supreme Court OF the United States, il
. Guiding Judge Mclean and Judge Curtis
t both members OF the Republican party
5 good standing. For the purpose of bstruc
r ing the execution Of the Fugitive Slave nc
t the last GeneEal Assembly passed what the
y termed "Habeas Corpus Law" Both Il
: letter and spirit of this law are intended
e contradict, embarrass and prevent the exc
cution of law of Congress. 1t pertains
= a subject which is within the exclusive juri
dction of the General Government. Itw
9 expressly intended to bring the State of Oh
z in CONFLICT with the authority Of tn
:, United States.
: An officer of the United States made q
!. rests in Green and Clark counties under Il
i fugitive slaye act. The persons thus arres
If ed under llw of Congress, were rearres
If ed and taken from the custody CT the j.
d Marshal under and by authority Of The I
e constitutional and so called "Habeas Corpr
,, act of the Ohio Legislature. The cause W
IS taken to Cincinnati and tried before judi
=, Leavitt. Upon thorough examination a
2, discussion in which the abiest counseIs
d the State were employed upon both side
e the court decided that the authority Of Il
ir United States should prevail in this case, ov
= the improper assumption Of authority up
ID the part of the State Of Ohio. The dec
ot ion was right and just and no person who
h not determined to bring on civil war by
e conflict of Federal Ind State authority C
look upon it in any other light.