Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1857-06-30

given sect of Christians will vote for him through
the district Now If religious sect contrlves 10 tuS
way elect candidate does u not oecome a.. ann,
port the man that he thinks best qualified; ana not
vote for another that no is not sstsheo WIN, merey
because the friends Of such one told him NAV tna.
the only way to defeat some candidate SUI ino!e w
ectionable The only way for man to elect MS htst
choic ia 10 vote for him. If do not get my choice
of the candidates, care not which ct the others 10
elected. 'NI'"
From the Cincinnati Enquirer ,r,n
STATES.
Attorney General Walcott made a very creanao u,
effort yesterday, before Judge Lsavt' ~ ne o'so 90,
the United States Deputy Marshais, applyhg ~, a
bnIs1, corpus against the Sheriff Of Clark county,
vino claims the right to hold them in CUSTODY on war
ran.s for assault aud battery, and ior assa,r WIN M
tent to kill Issued by State magistrate. mh e
was oreaitsbIe 10 it's tone, temper and ability. Inc
rsnly of Nv. Yuandigham had not been made when
this article was written and We are therefore not pre-
pared to express opinion oil the manner III nncn
that very able gentleman meets the POSITIONS OF the
Attorney General. Nor is it necessary as we DO mol
intend to discuss the mere legal points involved in
this question. Newspapers have quite diiiereh!
functions and duties from lawyers. 1t is no part OF
their business to argue nice points OF law mere teen
nicatss and arbitrary rules and distinctions, such
a. govern and narrow the views OF lawyers. lheir
province is a wider and holder one. They have 10
consider questions in their largest bearings az 'ney
may appear to and effect the interests and views Vi
the psople as they may be controlled by those IDEAS
of right aud wrong which pervads tne mass nUt uHy
in legal but in legislative not only in judicial but I'D
political aspects They are not bound by those tecn
ncsties which render the legal profession 10 it1ie
trustworthy with the people on questions OF moral
or political duty. 1t is the pride and boast OF our
vacation that The honest and manly Journalist may
view all questions from the very oitiest point OF IN,
tellecual freedom-above all those influences ana
bases that more or less distract the 'lnd ana con-
sciences OF those professional characters VINO are
ahackled and contracted by the arbitrary ruies VI
their particular science and monopoly, and VINO are
oftener, and with greater power, found enlisted on
the side of error and wrong than on that OF truth ana
justice. ,.o
In this spirit we approach the argument oil Inc
Attorney General, and discover in It nothing out an
ingenious apology tor treason anu conspiracy a." ''
the United States.
We restate the case, that our readers may NOT %
bewi1dered by the sophistries OF lawyers.
Warrants are issued by the United States Commls
soner against Messrs Taylor, Hyde aud Guttridge,
for harboring a certain fugitive from service and
aiding and sbeting him in resisting the process OF inc
Wed States Court. Theee warrants are placed N
while on The
which ths warrants are feurnable are
set upon by two persons, one of whom 70 Snsrf OF
G:sf Comfy and another bis ssssa Of wri. Of
conflict ensuea; the Sheriff is repealed by force lie
then makes complaint for assault and battery, and
the Marshals arrested and held on this charge,
their prisoners taken from them upon pretended
writ of habeas corpus which is tried by the Judge oil
State Court, anu the said persons, thus taksn from
the Marshas released, while the MnrshaIs are DE-
| tanned in prison ,,,,, ., nm ,,,,;c.
v. iS '2r Of e6ns for the release Of said
Marshals from the custody Of the Sheriff OF Clark
1t is resisted by the Attorney General, and an elabo
rate argument is presented in support of such Oppos
ton, which is based chiefly upon the ground that the
State OF Ohio has exclusive jurisdiction of offences
committed on the persons OF Its citizens; that the ct
fences of assault and battery and with intent to kill
charged against these parties held in custody, the
| Deputy Marshas; that such charges are only cogni
liable and triable by the State Courts. and that to
take from their jurisdiction such case is virtually to
override the sovereignty and tranple upon the Con.
stuon of Ohio; that such doctrine would place the
Deputy Marshals above all law aud responsibility for
their acts though they might exceed their legal pow
er and violate the grsvest provisions OF the criminal
law.
This is, substantially, the position Of the Attorney
General and. in the condition Of our legislation, it
presents one Of the gravest and most vital questions
that ever arose in the country. The Legislature Of
Ohio has passed q law, the object of which was to
give to the State Courts the right to issue habens
corpus against all Marshals other persons having
any citizens in custody by virtue Of any process The
sheris of counties have repeatedly attempted to e1.
ecute this law; and in the recent case there were no
less than three Sherffs in pursuit Of the Marsfals.
The present Governor has, doubtless, issued an or.
der or ntimated his expectation that the Judges and
Sheris throughout the State shall give effect to this
law which drafted by himself, and passed by q
complacent Legislature.
On the other hand, the deputy MarshsIs are order.
ed by the decisions of the United States courts to
ssts and disregard all such process. When the sheriff
therefore, comes vith his writ; the Marshal resiss,
conflict ensues, and the sheriff proceeds to the nearest
State magistrate, makes complaint of assault and
battery, and warrant is issued against the Marshal
This warrant, the Attorney General says, is good
the Marshal must leave his prisoners in the road and
go to Jail and await until he is tried. Meantime his
wrts are torn up and his prisoners are at large Sach
is Gov. Chases new notification. 1t was well said,
that this was not the bold and manly publication
doctrine Of South Carolina, which made direct issue
with the Federal Government, on the ground that its
law was illegal and UNCONSTITUTIONAL but IL il an ndi
rect evasive, sneaking mode OF rendering the Federal
law null and void by processes under color of State
sovereignty and State law.
1t idle to talk about executing this or any other
Federal law which may be- distasteful to any portion
Of the people, under this view of State sovereignty.
Practically, il ia the most thorough and complete null
LITIGATION that ever was seriously promulged. The
citizens Of any interior county may conclude that
robbng the United States mail ought not TO be pun.
shed, and wrts OF habs0s corpus may be sued out,
under the act of 1885, against any United States Mar
shsl having prisoner IN his custody charged with
that high crime If he resist such wrts, as is GER
tainly his duty under the decisions Of the United
States Supreme Court, even as eIpounded by Judge
Mclean, he may then be- taken up for assault and
battery, committed to PRISON and, while SO confined,
his prisoner turned loose. Thus ia the United States
Judiciary emasculated of all its power and utterly
Frustrated before little county court represented by
q constable or bum.b af!
In such state of our law the Attorney General
was fully justified in asserting that, unless the one
sovereignty yielded to the other, there would be
conflict of force Of arms Of internecine strife. In
Decd VIZ rather admired his frank boldness in decar
ing that the State of Ohio would not yield u thie is
sue; that, even il the marshas released on this
ha HfpI md bod
10 the furthest extreme.
Lameutable as such result ought 10 be regarded |
by every patriot and good citizen. we think. like |
other great perils, it should be looked boldly in the
lace and brought to speedy determination. Let Us
,ee as Quickly as possible, whether Governor Chase
and his nyrmidons eau release the people of Ohio |
rom their loyalty to the Constitution and Union!-
Let him unfurl his black liag aud, with his battle
cries Uf "Higher Law abolition and NEGRO |
Rights" rally his fanatics aud deinagogues of every
,hade and sdvauce against that buwark which has |
survived many perils and shocks ana over which
he stare aud stripes still and long will wave in tr
,mph and glory.
TRAssArLAyrrc TrLEGRApH-We have been in.
ormed (says the Boston Post that the Fret telegra.
ohic dispatch to be transmitted across the ocean will
b. the compliments of James Buchanan, President Of
he United States to Queen Fictoria and the return
dispatch will convey Her Msiesty's reply
--sSs
bEATH OF SLEhGfhAH.-nt'. oo"" ~ lung |
he President OF Ceulrs College IN ksnucky. with |
which institution lie connected tor about thirty |
years. dieh suddenly, at Darville in that State, on
tuesday He was eminent Presbyterian Clergyman,
Ind married the sister OF Vice. President Breckurdge
Sixteen of the Russian vessels that were sunk du.
ing the war in the Black Sea, between Se5astopo, |
Nicolaief and Odessa, have been raised.
-se-
President Buchanan, Vice President Breckenridge |
mud Gen. Casa and Howell Cobb, of the Cabinet,
aid to be Free Masons.
Hon. WV. McWILLiE, a native, and for q long |
,ms resident OF this State has been nominated for
Governor by the Democratic party of Mississippi