The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-08
N.s..~, ar the Governor OF Ohio.

Governor & p. Chase sent hS snnoAa message 70 me
Legislature Of Ohio sSe Alb instant The document
goes pretty extensively INTO tho aAs OF the STATE and
dsosus largely on the subject Of The finances. also
refer, 70 the resscns exciting between the general and
STATE governments with touch as Ksosas and tho slave
~ question in general Below win ss found that portion
Of the ma ssaxe relating - the lAsl msnkousd subjects
There are aspects Of the res>sas Of Ohio with the
federal government 70 WINCH beSt WyeeU ceNStr&eS
invite your s,teniion.
In my last communicates 70 the General Assembly
stated some ressons for believing that large due
resrg 70 the procscds Of public lands disposed Of within
our limits reoeMmena the adoption of resolutions
- os sa'aers and requesting our representatives
e PRESIDENT Of the UsteA States the Secretary o.
the dei reasury have recommended to Congress- the
and railroad comrsniee such ssw would draw within
federal jurisdiction and disposition interests Of vast
~ ali citizens indispensable severely ,y
Of the State that she retain the control OF these corp IRA
General Assembly concurs with me in this opniOn rus:
i's sentiments Will DO made known in some appv opriats
mode.
disposition has been manifested within the las. few
yeaS by Of the officials OF the federal GOV srnu,ent
exercising their functions within the limits of Q nio
re9Ryd the authority and To encroach Zoe rights CT
the ttac TO an extent and manner which demands ysur
notice
In February 1885, several colored pers0 rs were seized
in Hamilton county fugitive slaves Of these per
sons Margaret Garner in the frenzy of o,e moment, n
peEcd seems By the dread of ING her children
dragged with herself back to slavery ..empad 90 slay
them on the spot: and actually succeed ed killing one
Tor this she and her companions ere indicted By the
Grand Jury the of murder and were sasen into
custody upon writ regularly .sucd from the Court of
While thus nprsoned under The segal process Of State
court, for thehigbcst crime known CODE n writ
babeas corpus issued BY the Judge OF the District
Court Of thevnited States requiring production
fore him. The writ obey by the Sheriff contra
ry to all ectaon and IN disregard, az mus, think, Of
custody by order OF the judge without allowing any
opportunity for he ipserpoeon of the State authorities,
delivered over 10 the Marshal Of the United states by
! whom they were immediately transported beyond our
limits.
The alleged ground for this action order was that
the indicted parties had been seized as fugitive slaves up
on federal Commissioners warrant before the ins ct
ment and arrest ard mat the right their custody thus
acquired superior to that Of the sheriff under the
process OF the STATE This doctrine necessarily give
practical mpupy 10 murder whenever the murder may
be seized by federal Official as fugitive from service
before arrest for the crime under State authority I'm
putting wrong intention to the Judge consiran ed
10 add that his proceeding 10 abuse rather
than an exercise, Of judicial power
similar caee occurred more recently in the county Of
Champaign. Several deputies Of the federal Marshal bav
ing arrested certain citizens of this State for alleged
offence against the Fugitive Slave act OF habeas
corpus issued by Probate Judge Of that COUNTY
requiring the arrested parties be brought before him
inquiry into the grounds Of detention ne Sheriff Of Clark
county while attempting execute this writ was assault
ed by these petty officials and seriously injured while his
deputy fred upoD though happily without eject.
warrant was issued by Justice OF the Peace for the an
predecessor OF the perpetrators Of these offences This
warrant was duly executed and the prisoners committed
TO jail under the custody OF the Sheriff Clark county
|
District Judge who had mterposcd the of Maya
ret Garner, requiring the sheriff Of Clark county pro
ducc his prisoners before him the city of Cincinnati
This writ also obeyef and the prisoners were dis
charged from custody by ae order Of the Ju ige on the
ground that being federal officers and charged the
execution OF federal WRIT they had right 10 overcome
by any necessary violence all attempts made under
process 81 state court 10 dean them their prisoners,
tor inquiry into the legality OF the custody which
those prisoners were held
This principle cannot be sound. II subvers efectualy
the sovereignty OF the state asserts the right OF any
District Judge of The United states 10 arrest the
Of state process, and 10 lly the functions state
courts and uries, whenever, in bis opinion, person
charged with crime under State authority acted in
tse matter forming the basis Of The charge pursuance
my Judgment sanctions this prncple Such an act, tn
deed would be clearly unconstitutional because in plain
violation OF the express provision which requires that the
trial Of all crimes shall he by Jury.
deeply be regretted that collisions of this Kind
should occur. The authorities or Ohio have never failed
in due Considerations for the constitutional rights Of feds
raj courts, will they thss fail they cannot admit
without dsbonor that state process is entitled to less
spect than federal they concede federal
writs or federal officials Difference which conceded
| 20 those OF the State.
The course Of mutual respect and mutual de-
ference Whenever In any inquiry upon habess corpus,
by any Court state federal may be ascertaned that
the applicant the detained under valid process
in pursuance OF law ho should be remand
ed at once 70 The custody from which be have been
/ taken for trial in due
No investigation should take place into the guilt in
nocence Of the party charged or what s substantially
the thing whether the facts were justified by the
authority under which the applicant acting at the
time Inquiries Of this character for jures upon
I
chambers. made upon one side upon habeas
corpus, they may also be made upon the other.
raj courts 10 protect federal officials from prosecution
by state courts tor visitation Of State law courts
their turn must protect state officers from
federal courts un Scr similar circumstances Hence
gerous conflicts must arise, and imminent peril TO beth
liberty and union.
If such conflicts must come TO the extent Of the power
vested in me, shall maintain the honor Of the State and
support the authority Of her courts prefer hope
they may be avertcd ny the abandonment part az
the federal authorities Of the indcfcnsbIe positions which
u'ey have assumed
The samo disposition to extend the range of federal
power IN dparagerncn Of state and popular
rgbts, has been cOnspicuonsy manifest IN the on Of
me federal government regard u the Territory
Prom the day when that Territory deprived OF
the safeguari q he Missouri prohibon by ,e pasase
OF ths Kansas act the whole action Of the fo5e
raj government Ia have been directed - the estab
bshment o. slavery within ir limits
lngtead Of committing, in good faith, 10 the people o:
the Territory the formation regulation of their own IN.
stutions ali the Influence Of the national aiminraion
has been exerted for the suhugsuon VI the people % the
VII " w o slsNeIy Inc Nnole prachcai
ton Of Presidential Intervention FOR slavery insai OF
Congressional Intervention against slavery.
Without resistance rebuke from the national nsls
raoD the actual residents II Kansas driven from
the polls at the nrEt Territorial election pretended
fraud and force 81 invaders from adjoining STATE.
The people, harsscd and aged beyond endurance
by the tyranny Of tie usurpng Legislature and its astru
menis Who were ooun,ensnced aud aided by federal of
fee holders, sought relief In state organization through
convention Assembled AZ Topeka they framed a state
Constitution and after is by the popular vote
sought admission under INTO The Union. Their prayer
Tor such adsDn, though granted by the House &C Rep
rercting the will Of the people dened
by the senate rejecting In thts the viii OF the slave in
tereet
Every federal oalcer IN tho Territory who manifested
any sympathy with the people, was, from time time,
removed, ana bodies Of troops sent 10 compel sub
mission r. usurpng power.
few months since under which practically die.
franohised vast majority Of the citizens, pretended
election was held FOR member Of convention 20 frame
tnother constitution This convention constituted
wa intended exclusively o. the partizans Of slavery II
framed, OF course, slave provided
for Us transmission 20 Congress without previous subms-
SION 70 the people fo ratification, proposed indeed 10
submit 90 popular judgment the question OF slavery or no
slavery, bot 80 framed the terms of submission
matter bow TIE people might vote, slavery would any
evett exist IN Tie pev state, II admitted into the Union
under that constitution
Happily subsequent 10 the election a the Constitu
tuna Convention, The period for the second election OF
Territorial Legislature arrived and the election then
Ml1 IhD LAnLnl nj q