Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-01-08

stances, the sale of the canals will doubtless
be urged upon your attention. 1t may be
admitted that true policy requires the total
separation Of the State from the control
and management of public works OF this
description; but rs the canals were construc-
ted when different policy was strongly
recommended by the circumstances of the
people, and have thus become the property
of the State at immense cost, am clearly
Of the opinion that they should not be sold
except for their actual value, and undersuch |
restrictions as will secure the euds Of their !
construction. 1t will be for the General
Assembly, if disposed to authorize sale,
to determine the necessary restrictions, and
how far the results Of the past year arc to |
be accepted as an indication of its value
In my Judgment those results are to bo MS
cribed mainly TO the temporary causes indi-
Gated in the Report of the Board, and !
have little doubt that the income in future
years, under prudent and economical man
agemcut, will realize their anticipations.
Under these circumstances, it will prob
ably be safest, in case sale be contempla-
ted, to take the average net income Of the
last ten years as n proper criterion, and to
estimate the value at the principal of which
that income would be the interest at six
| per cent.
1t gives mo pleasure to state that tho OK
pcnses of most of the State Institutions,
and of the different Officers and Boards in
the public service, have been kept strictly
within the limits of the legislative appropri-
ations An important exception will be
found in the case of the Northern Lunatic
Asylum. Debts have been contracted in
behalf Of that institution largely beyond
the appropriation for it support; and in part
at least, in direct violation Of the act of
March so, 1857, which not only expressly
prohibits such contracts, but subjects the of
flicers making them to personal liability for
their performance, and distinctly declares
that the State shall not be liable. 1t is
indispensable necessary to arrest a practice,
which, together with the defaIcation, has
caused the present embarrassment of our
finances and which, if permitted, will trans
fer the determination of the amounts to be
appropriated to the various objects of the
State Government, from the Representatives
of the people to the several Administrative
Boards and Officers.
There are some aspects of the relations
r of Ohio with the Federal Government, to
which feel myself constrained to invite
your attention.
In nv last communication to the General
: Assembly, stated some reasons for bcliev.
! ing chat large sum is due to the State
) from the United States under the compact
: relating to the proceeds of public lands dis
posed of within our limits | recommend
ed the adoption of resolutions, instructing
f our Senators and requesting our Represen
tativcs in Congress to urge tho payment o
= this claim.
r The President of tho United States an(
; the Secretary Of the Federal Treasury have
: recommended to Congress the enactment
e of Bankrupt Law, applicable only t,
= Banks and Railroad Companies. Such
!. law would draw within Federal jurisdiction
, and disposition, interests of vast extent, anC
5 intimately connected with the concerns o
= nearly all our citizens. 1t is indispensable
: to the sovereignty of the State that she re
J tain the control of these corporations in he
j own Legislature and her own Courts.
: the General Assembly concurs with me il
this opinion, trust its sentiments will b,
a made known in some appropriate mode.
n A disposition has been manifested with
t in the last few years. by some of the ofiicul
t Of the Federal Government, exercising thci
functions within the limits of Ohio, to dis
q regard the authority, and to cncroach upoI
: tie rights of the State, to an extent anC
. in p manner which demands your notice.
! In February, 1857, several colored per
; sons were seized in Hamilton county as flu
$ gitive slaves. One Of these persons, Mar
: garct Garner, in the frenzy Of the moment
e impcllcd, rs it seems by the dread of see
/ ing her children dragged, with herself, bacI
$ to slavery, attempted to say them on tn,
spot, and actually succeeded in killing one
I For this act, she and her companions wcr
u indicted by the grand jury for the crime o
= murder, and were taken into costody upol
t a writ regularly issued from the Court o
: Common Pleas.
: While thus imprisoned under the lcga
process of State Court, for tho highcs
: crime known to our code, writ of habea
= corpus was issued by the Judge of tho Di4
n trct Court of the United States requrin,
= their production before him. The writ wa
: ohcyed by the Sheriff. and contrary to al
IS all expectations, and in disregard as | mus
y think, of principle and authority, tho pris
y oners were taken from his custody by ordc
: of the Judge, and without allowing ahv op
d portunity for the interposition of the STATE
: authorities, delivered over to the Marshal o
4 the United States, by whom they were i'm
o mediately transported beyond our limits
), The alleged ground for this action and or
e der was that the indicted parties had beer
$ seized as fugitive slaves upon Fedora
+ Commissioners warrant before the ndict
9 ment and arrest aud that the right to thei
= costody, thus acquired was superior to tha
of the Sheriff. under the process of tn,
: State. This doctrine must necessarily civ,
: practical impunity to murder whenever tn,
:, murderer may be seized by Federal offic
! al rs n fugitive from service before arres
for the crime under State authority. Impu
ting no wrong intention to the Judge. am
r constrained to add that his proceeding,
a seems 10 me an abuse, rather than an exer
!, else of judicial power
; A similar case occurred more recently If
r tho county Of Champaign Several deputies
: Of the Federal Marshal, having arrested Ger
tain citizens of this State for some alleged
5 offence against the Fugitive Slave Act, a
so ~ of Hnhpns Norpus ,pn, ;,suoI L.. A.