The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1858-02-19
Obio 2alslaturs.
Remarks of Mr.. Winans,

I------0-----S--
Remarks Of Mr.. winans,
In Senate FEB. 8, on the bill further
securing the benefits Of the aorit Of
Xa6eas Corpus,
Mr.. CHAIRMAN:-The first sec.
tion ofthis bill, with such alterations
only as were necessary to clothe it
with the forms of State legislation,
lie an exact trsscriyt ofthc 7th section
of the act Of Congress entitled ian
act further to provide for the collec-
ton of duties on imports" approved
March 2, 1853, onder which Judge
Leavitt discharged the United States
Marshals upon habeas corpus in the
case OF exparte Siiford ct at.
Any and all reasons which may
be urged in support Of the federal
act, may with equal force be urged
in favor Of this bill.
By the second clause of the ninth
secti3n Of the first article of the Con.
stitution of the United States it is
provided that "thc privilege Of the
writ Of habcas corpus shall not be
suspended, unless when in cases of
rebellion or inyasion the public safe
ty may require it," and the eighth
section Of the first article OF the { on
stitution of Ohio is in the same
words Congress, therefore. under
the Constitution OF the United States,
can confer upon Federal Courts and
Judges no powers touching the writ
of habeas corpus, that the Lcgisla'
ture, under the Constitution OF Ohio,
may not confer upon State Courts
and Judges.
whatever construction is or may
be given of the Federal act by Fed
eral Courts and Judges, may prop
erly, itthis bill pass. be given to the
State law by State Courts and Jui.
ges.
II, under what | claim to be a true
Interpretation, courts and JUICES
may not go behind the warrant OF
commitment, and inquire into the
facts; and the law. for that reason,
as held by JUICE Leavitt, should be
a dead letter upon the Statute book,
it eau certainly do no harm.
lf under its provisions feieral
Judge or court, upon the return of a
habeas corpus, "setting up an i'm.
prisonment under State process, reg
ular on its face. may rcceiuc evil
/ dencc as to the facts connected with
such Imprisonment, and it appears
to have been for an act done or omit
| ted in performance OF official duty
order the discharge OF the party."-
SO, also, upon the return OF Il habeas
corpus. setting up on imprisonment
It ulder United States process, or the
process OF State, regular upon it.
d face, may a State judge or court, in
@, like hammer, receive evidence as Il
Is the fads connected with such i'm
1t prisonnent; and il it appear to hav'
been form act done or omitted il
y the performance of official duty, or
p der the drcharge OF the party. |
is such a construction on the part o
Ie federal courtsand judges "does no
y imply any invssion OF the sovereign
" ty OF the State. whose process is thu
d treated" so neitier would it impl,
ID any invasion OF he sovereis nty o
" the United States, when resortcd t,
and adopted by Stte judges an,
., courts, in relation to hderal process
i'd fsuch construction des not conie
h. upon federal court or Judge, iuris
nj diction to "revise or sc. aside tn
v. judgments Of the courts or manis
i'd trates of the State;" so neither wonl
It it confer such jurisdiction upon Sta,
ry courts or judges, with reference
If. the judgments Of the courts or ma,
ii. Estates OF the United States or Of ,tl
lis er States. If, without such constr,
tion, it is clear that "the sovereign
no of the United States" as Jul.
,1 Leavitt claims, "is Liable every d,
d. to be condemned and trampled u
to OMIT is equally clear that witbo
in the same construction the sovereig
ht ty Of Ohio would be liable to be,
ad like manner, contemned and tram
" led upon. Ifany other constructio
on as Judge Leavitt holds. would put
Va in the power Of any one, by maxi,
er a false oath, "effectually to obstru
i'd and nullify the Legislation ofthe U
ion for the punishment Of crime;"
ed without such law, so construed, mi
any one, under like circumstance
IA by means OF a federal habeas cOrpr
,id effectually obstruct aud nullify I
NV legislation of Ohio fur the punis
ment Of crime. t'ir :. h''.
,tv lfthe federal law 10 Constitution
= and necessary to protect federal
, - ficials, and prevent notification
ia federal statutes; 80 the State law
l. this bill rbe passed, will be equa
q, Ooustiiutiohal and necessary to Ipi
nd tect State officials and prevent nnl
~ 6caiion ,ofSssie lavsslf ~, o' ysj