The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1858-01-14

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
Of Ohio with the Federal Government, to
which I feel myself constrained to invite
your attention.
In my last communication to the Cen
eral Assembly, l stated some reasons for
believing that large sum is due to the
State from the United States, under the
compact relating to the proceeds of pub
lie lands disposed of within our limits
| recommend the adoption of resolutions
instructing our Senators and requesting
our Representatives in Congress to urge
the payment of this claim.
The President of the United States
and the Secretary of the Federal Treas
ury have recommended to Congress the
enactment of Bankrupt Law, applica-
| Bile only to Banks and r. R. Companies,
Such law would draw within Federal
jurisdiction and disposition, interests Of
vast extent, aud intimately connected
with the concerns of nearly all our citi-
zens. 1t is indispensable to the sover-
eighty Of the State that she retain the
control Of these corporations in her own
Legislature and her own Courts. If the
General Assembly concurs with me in
this opinion, trust its sentiments will be
made known in some appropriate mode,
A disposition has been manifested,
within the last few years, by some of the
officials of the Federal Government ex-
ercsng their functions within the limits
Of Ohio, to disregard the authority, and
to encroach upon the rights Of the State,
to an extent and in manner which de-
mands your notice.
In Feb, 1856, several colored persons
were seized in Hamilton county as fugi-
tive slaves. One of these persons, Mar
garet Garner, in the phrenzy Of the mo-
, ment, impelled as it seems, by the dread
f of seeing her children dragged, with her.
self, back to slavery, attempted to slay
them on the spot, and actually succeeded
f in killing one For this act, she and
, her companions were indicted by the
grand jury for the crime Of murder, and
were taken into custody upon writ
S regularly issued from the Court Of Com
, mon Pleas.
i While thus imprisoned under the legal
. process of State Court, for the highest
crime known to our code, a writ Of habeas
f corpus was issued by Judge Of the Dis
= trict Court of the United States, requiring
J. their production before him. The writ
= was obeyed by the sheriff, and, contrary
n to all expectations, and in disregard, a!
!. | must think, of principle and authority
G the prisoners were taken from his custody
y by order of the Judge, and, without al
G lowing any opportunity for the intcrpo
!. sitiou of the State authorities, delivered
d, over to the Marshal of the United States
. by whom they were Immediately trans
3 ported beyond our limits The ALLEGED
Is Ground for this action and order was tha
ri the indicted parties had been seized a
% fugitive slaves upon a Federal Commits
N sioner's warrant, before the indictmen
v and arrest, and that the right to thei
il custody, thus acquired, was superior t
r. that Of the Sheriff, under the process o
80 the State. This doctrine must necessaril
:. give practical impunity to murder when
A. ever the murderer may be seized by
TO Federal official as a Fugitive from ser
4. vice before arrest for crime under Stat
authority. Imputing no wrong intentio
of to the Judge, | am constrained to ad
of that his proceedingseems to me an abuse
II rather than an exercise, Of judicialpowe
he A similar case occurred more recent
an in the county of Champagne. Severi
,o deputies of the Federal Marshal, havin
Of arrested certain citizens of this State fc
at some alleged offeuse against the fugitiv
g. slave act, writ of habeas corpus wa
, issued by the Probate Judge Of thi
IN county, requiring the arrested parties
1y be brought before him for inquiry I'M
in grounds of detention. The Sheriff
n. Clark county, while attempting to ex
he cute this writ was assaulted by the
ur petty officials and seriously injure
while his deputy was fired upon, thoug
cv happily without effect. A warrant W
,te issued by Justice of the Peace for Il
of apprehension of theperpctrators OF the
as offences. This warrant was duly cxecnt'
If and the prisoners committed to jail und
led the custody of the Sheriff of Clark CO..
nd 4 writ of habcas corpus was then issu
.he bv the same District Judge who had
of tcrposcd in the case of Margaret Garn'
,x- recurring the Sheriff of Clark county
der produce his prisoners before him at t
ads city of Cincinnati. This writ was al
the obcyed, and the prisoners were dlschi
or ged from custody by the order of t
re- Judge, on the ground that being Fed
the al officers, and charged with the exec
ion ton of a Federal writ they had rig
hts to overcome, by any necessary violen
no. all attempts made under the process O
the State Court, to detain them or their pr
the oners. even for inquiry into the legal
ent into the custody in which those prise
lie ers were held.
m This principle cannot be sound.
.ase subverts effectually the sovereignty of
err State. 1t asserts the right of any D
IS a trict Judge of the United States to arr
al the execution Of State process, and
me nullify the functions of State Courts a