The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-01


We have already publiAhed he fact Of the arrsst
and bailing of the United States Deputy Marshal
Churchill and others, at Springfield. Ohio, On q
charge of assaulting Sheriff and his deputy. II
will be remembered that Mr.. Churchill. with
party of assistants, proceeded on Wednesday last
to Mecbanicsburg, Champaign county, Ohio to
arrest fugitive slave; that finding the slave
gone, they arrested parties believed to have aided
and abetted his escape from his master; that, on
their way back to Cincinnati, they were over
taken by Sherifs and posse eommisatus, with writ
of h0beas corpus demanding the surrender of the
prisoners; that the United States Marshal refused
10 surrender them, and used fire arms in their de-
fence, but were finally overpowered by the
sheriff's party, and carried captive to Spring
field, where they have been imprisoned on the
double charge Of assaulting deputy Sheriff In
the discharge Of his duty, and assaulting Sheriff
with intent to murder him. These are the facts
up to the present time.
From them it appears as clear ms noon day
that the State authorities of Ohio have been en-
cioaching On the rights of the general 60
veInment, and authoritatively multiplying the
federal laws. The first fault rests with the
State Judge Who issaed Ahe Asboas co,pus.J
It is discretional with Judge TO issue or with
hold that writ; and we are bound 10 say that
| the Judge who Issued It Qa> this OCCASION
showed himself to be as deficient in
discretion as in loyalty. BE had sworn to uphold
| the laws of the United States when be became a
Judge; how dared he use the authority which the
oath fixed upon him In order to impede the exc
cution Of these laws? What would become of
the country If every Judge were to display equal
reckleesuess, and indifference to the public peace
and safety? Where is this insane party spirit
leading usf
As we all know that mobs may be assembled
anywhere for the commission of almest every
wrong, we suppose it mot worth while to remark
upon the riotous and wicked spirit Of the volunteer
posse which accompanied the Sheriff and Deputy
Sheriff and wrested their prisoners out Of their
handa That the act constitutes conspiracy and
riot in the eye of the law must be perfectly clear to
any mind; We apprehend that even the color ofie;i
which it might derive from the writ Of habeas
corpus was dispelled by the riotous and murderous
proceedings by whose aid that writ was served.
In any event, an attack, by force Of arms, on
United States authorities who we're discharging
what they believed to be their duties must be and
is an offence punishable by courts ofjustice
We look therefore with some anxiety to see the
United States courts In the State of Ohio taking
prompt action for the vindication Of the
law. We know that we shall be told
that not only the popular sentiment of
the State, but the private opinions of
the Ohio Judge of the Supreme Court are op-
posed to the honest execution of the law which
the United States Marshal went to Mechanics
burg to enforce. But we win not believe, until
we see it, that either majority Of the people Of
Ohio, or Supreme Court Judge ere resolutely
bent on setting the law at naaght And If they
are the sooner we know II the better.
No State or local law, in national matter like
this, can for one moment be understood as repeal
ing or qualifying law of Congress The latter
is the Law Of the land, until it be pronounced uu-
constitutional, and all laws emansting from lower
authorities must, If they clash with it, 20 for
nothing. State Legislatures, within certain lin
Its, exercise sovereign right of legislation but
they cannot contrsvene a law Of Congress any
more than they can dissolve contract, or cur
tail the constitutional liberties and franchises of
the people or any part Of them. This is not
lawyer-like, but q plain common sense view of
the principle governing the contest in Ohio. 1t
follows that the federal authorities are bound to
carry out to the letter the law of Congress which
has been broken by the State authorities of Ohio
and this, not only by arresting the parties actu-
ally guilty of the assault on the United States
Msrshals, bat by prosecuting with the utmost
rigor all those authorities magistrates,
and judges-who gave them aid, comfort, or
assistance. There need be no apprehension of
resistance. The people of Ohio have their
own opinions on slavery, no doubt but they are
too prosperous and intelligent community TO
be Indifferent to the advantage of law and order
they will see the law enforced even II II jar with
their private opinions A few violent abolition
lists may clamor but II II be necessary TO call
out troops, soldiers enough may be rallied by the
United States authorities in Ohio TO vindicste the
supremacy Of the Law.
CONFLICTS or JuRrspIcr1oN.-We have at
present pending four conflicts of Jurisdiction ia
this country. They are all important; and
while they Brighten The tmorous and give CON-
fort to the enemies Of our institutions, they are
pregnant with ufe.
One is the contest In Utah. Here commu-
nifty organized as q United States Territory sets
up peculiar institutions Of semi-religous eharac-
ter against the laws Of the United States and
the question is how far does Territory enjoy the
right of legslsting on social questions in opposi-
ton to the principles of the common law of the
landf
In Kansas, the question comes up in different
shape. There the contest Is now complicated by
a division among the local authorities; but IL
has, and may again resolve itself into . mere
conflict between the LEGAL Legislature, bent on
establishing certain laws and the federal Con-
eress opposing them.