The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-01-21

State. VI TIE
The true course is one Of mutual resnac, o.,
mutual Difference. Whenever, in anv ;nre Iuu
upon ha6eGs corpus, by any court. STAT
Federal, it may be ascertained that The oS-U VI
cant tor the writ is detained under valid F ~.
cess In pursuance Of constitutional Ioup i|
should be remanded at once TO the ouot , Ie
from which he may have been taken CO.. ~;
IN due course. No investigation sbonId ,oII
place into the guilt or innocence of the na,,e
charged, or, what is substantially the Co.,
thing, whether the facts were justified nv ~
authority under which the applicant was ac,;ae
at the time. Inquiries Of this character arc C.
Jurles upon regular trial and in open con,,.
not tor q Judge IN chambers. If made unor
one side upon hdJeGs corpus, thew mret r.
be made upon the other. If Federal Cons, ,.o
are 10 protect Federal officials from nroseas
ton by State courts for alleged vio,ation ~
State law, State courts in their turn. rnnst ~
tect State officers from prosecution in Fedp,oI
courts under similar circumstances H.
dangerous conflicts must arise, and imminsn,
perl both TO liberty and Union.
III such conflicts must come, TO the avtor, -,
the power vested in me | shall maintain Tho
honor OF the State, and support the autborilv
Oh her courts. prefer to hope that thew NAV
be averted by the abandonment, on the part II
the feoeIal authorities, of the indefensible No.
sltons which they have assumed.
FEDERAL USURPATION IN KANSAS
The same disposition to extend the rar,o ~,
Federal power in disparagement Of State sove,
eighty aud popular rights, has been cop,nicn.
ously manifest in the action of the F-da,oI
Government in regard to the Territory Of Kan,
sas. From the day when that Territory wo.
deprived of the safeguard of the Missouri nro.
hlbtlon by the passage Of the Kansas Nebraska
act, the whole action Of the Federal Goverr.
ment seems to have been directed to the es,ab.
lishment CT Slavery within its limits. Instead
OF committing, in good, faith, to the people of
the Territory, the formation aud regulation ~
their own institutions all the Influence of tho
National Administration has been exer,ed for
the subjuga,ion of the people to the VIII Of tho
propagandists of Slavery. The whole praoti
cal effect OF the Kansas. n ebraska act has beap
tue substitution of Presidential intervention Ear
Slavery, instead of Congressional intervention
against Slavery.
without resistance or rebuke from the Ma
honal Administration, the actual residents of
Kansas were driven from the polls at the frat
territorial election, and pretended Legs'a
ture was imposed on an unwilling people bv
the fraud aud force of invaders from An adioin.
ing State. The people, harassed ard OUTRAGED
beyond endurance by the tyranny of the usurr
ing Legislature aud its instruments, who were
countenanced and aided by Federal office.hoH
ers, sought relief in S;atc organization.
Through q Convention assembled at Topeks
they framed State Constitution, and, after its
ratification by the popular vote, sought admis
sion under it into the Union. Their PRAYER for
such admission, though granted by the House
OF RpDrps opfatiuac raH ,nt.nr r Il
people, was denied by the Senate, rejecting, in
this, the will of the Slave Interest
Every Federal officer in the Territory, who
manifest any sympathy with the people, was,
from time to time, removed, and bodies CT
troops were sent, to compel submission to
power.
A lew months since, under an act which
practically disfranchised vast majority of the
pretended election was held for
members OF Convention to frame another Con.
stItutIon. This Convention was constituted, as
was intended, exclusively of the partisans OF
Slavery. 1t framed, Of course, a slave State
Constitution, and provided for its transmission
20 Congress without previous submission to the
people for ratification. 1t proposed, indeed, to
submit to popular judgment the question of
slavery or no Slavery, but so framed the terms
II submission, that no matter how the people
mig ht vote, Slavery would, in any event exist
n the new State, if admitted into the Union IN.
Ter that Constitution.
Happily, subsequent to the election Of the
Constitutional Convention, the period for the
second election of a Territorial Legislature ar
lived, and at the election then held, the actual
esidents OF the Territory succeeded in electing
. majority of its members in both branches
The people, mocied and nsulteG by the pro-
,QpHlTul not al j e Il
secretary OF the Territory, acting as Governor,
he convocation of this body. For compliance
With this just demand, the Secre tary was re-
moved from office. Fer expressing himself in
opposition to the admission Of the State into
he Union, under the Constitution of the Con-
'ention, and without previous submission to
he people, the Governor of the Territory fell
lnder such displeasure of the Administration,
hat he was constrained to resign his position.
II The power and patronage of the Federal
government can secure the admission of Kan.
las into the Union under this slave State Con.
'ttution, that power and patronage will, with.
'ut doubt, be actively em ployed to that end.
la all this the people of Ohio have q deep
md vital interest. 1t is beyond question that
. vast majority of her electors are opposed to
his interpretation of the Federal Government in
'ehalf OF Slavery. | trust that the General
Assembly will give emphatic expression to the
entlments OF the people.
1t cannot fail to arrest attention, that oil
hese encroachments of the Federal Govern.
nent upon State sovereignty and upon the free
om OF the Territories, arise from u determined
suppose on the part of those who control its
cion to extend the domain and enlarge the
'ower Of Slavery. Under this influence, the
ncient and original policy of Slavery prohibi.
I'm uou fhyD,u 4 -
as Nebraska act. Under this influence, the
Mole power of the National Government has
cen exerted to force Slavery upon the reluc-
ant people of Kansas. Under this influence,
lso, persistent attempts are made to subiugate
ne people OF the free States to Federal domi.
alton, through the administration of the Fugi-
i've Slave Act. Under this influence, finally,
be Federal Judiciary has promulgated the re-
oiung doctrine, that the Constitution of the
Jnion establishes and guarantees Slavery in
IL national territory, and consequently that
here Is no foot OF cur widely extended domain,
uteide OF States whose Constitutions prohibit
iaVery, where the free laborer can find
enc, exempt from the intrusion Of that very
ocular institution.
This rapid progress of despotism cannot
all to arouse and fix the attention of rehecting
eopte. 1t forces upon the country momentous
'sues between two opposite systems of Govern
opposite theories Of the Constitu
on. These issues are radical and vital. Shall
ne Government Of this country be administered
y the people, for the people, or by privileged
lass, for privileged class? Is the Consutu-
Oh, in fact, what it is now claimed to be- the
ond and guarantee of Slavery; or what the
athers of the Republic believed it to be, the
lield and safeguard of Liberty? Does it
'taolish Slavery everywhere, outside of free
Jates, or Liberty everywhere, outside of slave
tates? Shall the power which it confers be
sed for the extension and perpetustion, every
bera nf bnp r.