Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1857-07-04
From the Cincinnati Enquirer.


was crcditabe in its tone, temper and ability The
reply of Mr.. Vallandgham had not been made when
this article was written, and are therefore not
prepared to express an opinion of the manner in
which that very able gentleman meets the positions
of the Attorney General Nor is it necessary, we
do not intend to discuss the mere legal points in
volved in this question. Newspapers have quite diff
ferent functions and duties from lawyers. 1t is no
part of their business to argue nice points of law,
mere technicates, and arbitrary rules and distinc-
tons, such govern and narrow the views OF law
yers. Their province is wider and holder one
They have to consider questions in their largest
bearings, they may appear to and effect the inter-
ests and views Of the people; as they may be con-
trolled by those ideas of right and wrong which per-
wade the mass not only in legal but in legislative,
not only in judicial but in political aspects. They
are not bound by those technicalities which render
the legal profession little trustworthy with the
people questions of moral or political duty. 1t
is the pride and boast of vocation that the hon.
est and manly journalist may view all questions from
the very Hottest point of intellectual reedom-above
all those influences and bases that more or less dis
tract the mind and conscences of those professional
characters who shackled and contracted by the
arbitrary rules of their particular sciences and mo-
nopoly and who oftener, and with greater pow
err found enlisted on the side of error and wrong,
than on that of truth and justice.
In this spirit we approach the argument of the
Attorney General, and discover in it nothing but an
ingenious apology for treason and conspiracy against
the United States.
We restate the case, that our readers may not be
bewildered by the sophistries of lawyers
Warrants are issued by the United States Com
missioner against Messrs. Taylor, Hyde and Gut
fridge for harborng certain fugitive from service,
and aiding and abetting him in resisting the process
of the United States Court. These Warrants
placed in the hands of thirteen deputy Marshals-
The accused are arrested, and, while on their
way to the Court to which the warrants are return
able, the Marshas set upon by two persons, one
of whom is. Sheriff of Clarke County and another
his assistant, who Git afterwards appeared) had in
view the service of writ of habeas corpus issued
against the said Marshals. conflict ensues; the
sheriff is repealed by force. He then makes COM
plant for assault and battery, and the Marshals
arrested and held this charge, their prisoners
taken from them upon pretended writ of habe0s
corpus which is tried by the Judge of State Court
and The said persons, thus taken from the Marshas,
are released, while the Marshals detained in
prison.
The case now before Judge Deavitt is applica-
ton for writ of hu6eas corpus for the release of
said Marshals from the custody of the Sheriff of
Clark 1t is resisted by the Attorney General, and
an elaborate argument is presented in support of
such opposition, which IS based chiefly upon the
ground that the State of Ohio has exclusive jurisdc-
ton of offences committed on the persons of its cit
liens; that the offences of assault and battery, and
with intent to KILL charged against these parties
held in custody, the Deputy Marshas; that such
charges on only cognizable and triabe by the
State Courts, and that to take from their urisdic
ton such is virtually to override the sovereign
ty and trample upon the Constitution of Ohio that
such doctrine would place the Deputy Marshas
above all law and responsibility for their acts though
they might exceed their legal power and violate the
gravest provisions of the criminal law.
This is, substantially the position of the Attorney
General, and in the condition of legislation it
presents of the gravest and most vital questions
that arose in the country. The Legislature of
Ohio has passed law, the object of which was to
give to the State Courts the right to issue habeas
corpus against all Marshas other persons having
any citizens in custody by virtue of any process
The sheriffs of counties have repeatedly attempted
to execute this law :; and in the recent case there
were no less than three sheriffs in pursuit of the
Marshals. The present Governor has, doubtless,
issued order or ntmated his expectation that the
Judges and Sheriffs throughout the State shall give
effect to this law, which was drafted by himself, and
passed by compacent Legislature
On the other hand, the deputy u.arshals
dered by the decisions of the United States Courts
to resist and disregard all such process. When the
sheriff, therefore, with his writ, the marshal
resists, a 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 60 to Jail and wait until
he is tried. Meantime his writs are torn up and his
notification. 1t was well said, that this not
the bold and manly qualification doctrine of South
Carolina which made direct issue with the federal
Government, on the ground that its law was illegal
and unconstitutional but it is Indirect evasive,
sneaking mode of rendering the federal law null and
void by processes under color of State sovereignty
and State law.
1t is idle to talk about executing this or any 9TH
federal law, which may be distastefu to any por
ton of the people, under this view of State
eighty. Practically, it is the most thorough and
complete notification that ever was seriously pro-
mulged. The citizens of any interior county may
conclude that robbing the United States mail ought
not to be punished, and wrs of na6eas corpus may
be sued out under the act of 1856, against any Uni
ted States Marshal having prisoner in his custody
charged with that high crime. If he ressts such
writs is certainly his duty, under the decisions of
the United States Supreme Court, even as expound-
ed 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 is the
United States judiciary emasculated of all its pow
er, and utterly Frustrated before little county
court, represented by a constable or bum-balif!
In such state of our law the Attorney General
was fully justified in asserting that unless the
sovereignty yielded to the other, there would be
conflict of force of arms, of internecine strife In.
deed, rather admired his frank boldness in decar
issue that, even if the marshals were released on
this writ, they would be re-arrested, and the case
pushed to the furthest extreme.
Lamentabe as such result ought to be regarded
by every patriot and good citizen, we think, like
other great pers it should be looked boldly in the
face and brought to peedy termination. Let us
see, as quickly possible, whether Governor Chase
and his myrmidons can release the people of Ohio
from their loyalty to the Constitution and Union J.!
Let him unfurl his black flag, and, with his battle
cries of Higher Law" abolition and "Negro
Rights" rally his fanatics and demagogues of every
shade and advance against that bulwark which has
survived so many pers and shocks, and over which