The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1858-01-13
arr. IN nur.uanrn nfnnr Psdsrnl law urxnr.


would be clearly unconstitutional, because IN
plain violation Of the express provision which
requires that the trial Of all crimes shall be by
jury.
1t is deeply to be regretted that collisions Of
this kind should occur. The authorities OF D.
hio have never failed in due considerations for
the constitutional rights Of Federal Courts, nor
can they ever concede to Federal writs or Fed
eral officials a difference which is not conceded |
to those Of the State.
The true course is one OF mutual respect |
and mutual Difference. Whenever in any inqui- |
~ on hAbeas corpus, byany court State or Fed
efal it may be ascertained that the applicant for
the writ is detained under valid process in pur-
suance ola constitutional law, he should be re-
manded at once to the custody from which he
may have been taken, for trial in duo course
No investigation should take place into the in
nocence OF guilt of the party charged, or, what
! is the same thing whether the facts were
/ justified by the authority under which. the sp-
plicaut was acting at the time. Inquiries of
this character are for juries upon regular trial
and in open court; not for judge at chambers.
| Ii made upon one side upon habeas corpus, they
must also be made upon the other. If Federal
courts are to protect Federal officials from pros
ecution by State courts for alleged violation OF
State law, State courts, in their turn, must pro-
tect State offices from prosecution in Federal
courts under similar circumstances, Hence dan
gerOus conflicts must arise, and iminent peril
both TO liberty and union.
| If fsuch conflicts must come to the extent OF
the power vestedin, | shall maintain the honor
Of the State and support the authority OF her
courts. prefer to hope that they may be av-
| erted by the abandonment on the part OF the
Federal authorities, OF the indeensble positions
which they have assumed.
/ The same disposition to extend the range Of
the Federal power in disparagement of State
sovereignty and popular rights, has been con-
spicuously manifest in the action of the Federal
government in regard TO the Territory of Kan
sas From the day when that territoay was de-
prived of the safeguard of the Missouri prohibit
ton by the passage of the Kansas Nebraska
act, the whole action the Federal government
seems to have been directed to the establish
ment of slavery within its limits. Instead OF
committing, in good faith, to the people of the
territory the formation and regulation of their
own institutions, all the influence Of the nation
al administration has been exerted for the sub
jugaton of the people to the will of the propa-
gandiss ofslavery. The whole practical effect
Of the Kansas Nebraska act has been the substi
, tuition of Presidential Intervention for slavery
, instead of Congressional intervention against
\ slavery.
/ Without resistance or rebuke from the Ma
q tional Administration, the actual residents o
t Kansas were driven from the polls at the first
territorial election and pretended Legislature
. was imposed on an unwilling people by the
, force oil invaders from an adjoining state. The
!. people, harassed and outraged beyond endurance
by the tyranny OF the usurping legislature and
-, its Instruments who were countenaneed and aid
: ed by Federal office holders, sought relief in a
& State organization. Through convention as
. sembled at Topeka, they framed State Consti
Il tuition, and after its ratification by popular
+ vote, sought admission under it into the Union
a heir prayer for such admission, though granted
by the House of Representatives rejecting the
If will of the people, was denied by the Senate
rejecting, in this, the will ofthe Slave Interest
j, Every Federal officer in the Territory VIII,
\ manifested any sympathy with the people, wa'
!, from time to time, removed and bodies troop
i were sent to comrcl submission to usurpn
}, power.
!. A few months. since, under an act which ,prac
,s tically dslranchiseJ vast majority Of the eiti
, zcns, pretended election was held for member
NJ Of a Convention to frame aaother Constitution
This Convention was constituted, as was intend
le ed exclusively of the partizans Of slavery.
l. framed, of course, slave Constitution and Pre-
( vided for it's transmission 10 Congress withou
ID previous submission to the people for ratification
W 1t is proposed indeed to submit to popular judy
r ment the question of slavery or no slavery, bu
ID SO framed the terms ofsubmission that no mat
1t ter how the people might vote, slavery would i
te any event exist in the new State ii admitted in
sr to the Union under that Constitution.
| Happily, subsequent to the election of TIN
is Constitutional Convention, the period for tn
lie second election of Territorial Legislature ar
rived, and at the election then held the actua
he resident; OF the Territory succeeded in eectin
he majority Of its msmbers, in both branches
ms The people, Knocked and insulted by the proceed
u ings Just narrated, now invoked from the Sec
he retary Of the Territory acting as Governor, tn
e. conyocation of this body For compliance wit
this just demand, the Secretary was remove
rs from Office. For expressing himself in oppos
We ton 10 the admission Of the State into the Unio
ert with the Constitution of the Convention ar
it without previous submission to the people, tn
" Governor of the Territory fell under such di
TO pleasure of the Administration, that he w
ed constrained to resign his position. If the poN
IL er and patronage Of the Federal Governmel
he can secure the admission Of Kansas into Il
dy Union under the slave state Constitution. tn
Of power and patronage Will, without doubt be a
lively employed to that end.
sss In al! this, the people of Ohio have de
to and vital interest. 1t is beyond question that
by vast majority of her electors are opposed to til
ed Iinterposition of the Federal Government in
lie half Of slavery ! trust that the General A
to senbly will give emphatic expression to the sc
nk' timents of the people.
're 1t cannot fail to arrest attention that all the
ge' encroachments Of the Federal Government up
. .ne State Sovereignty and upon the freedom of i
eu Territories, arise from determined purpose
py the part Of those who control its action to exte
~: IG the domain and enlarge the power of slavery.
nH Under this influence the ancient and original
ieS licy of slavery prohibition was oyerthrown a
i~. reversed by the Kansas Nebraska act Und
sn' this influence the whole power Of the Natior
w Government has been exerted TO force slave
- dpon the reluctant people of Kansas. Unt
W this influence, also, persistent attempts {
-, w made to subjugate the people Of the Free Stat
~ to federal domination, through the administ
ole ton Of the Fugitive Slave act. Under this inf
". ence, finally, the Federal Judiciary has prom
S.n gated the revolving doctrine that the Ccnsti
~ - ton Of the Union establishes and guarantees S
'.ai very in all national territory, and consequen
!, there is no foot of our widely-extended donna
.n ny outside Of States whose constitutions prohi
..e slavery, where the free laborer can fiud ho
W. exempt from the intrusion of that very pecul