The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1858-01-15

Congress, III 10y 1uORfnent rencNons
this principle. Such An Act, indeed
would be clearly unconstitutional,
because in plain violation Of the ex-
press provision which requires that
The trial of all crimes shall be by
Jury. i
1t is deeply to be regretted that
collisiy6s Of dis kind should occur.
Tn: authorities OF Ohio have neve,
failed in due consideration for the
constitutional rights of Federal
Court, nor will they TINS fail. But
they cannot admit, without dishonor,
that State process is entitled to less
respect than Federal, n Dcsn they
ever concede to Federal writs or
Federal officials. q Difference which
is not conceded to those OF the State.
The true course is one of m utual
! respect and mutual Difference. Il
Whenever, in any inquiry npon ha-
beas corpus, by any Court, State or
Federal, it may he ascertained that
the applicant for the writ is detained
under valid process in pursuance of
a constitutional law. he should be
demanded at once to the custody
Irom which he may have been taken,
for trial in due course.
No Investigation should take place
into the guilt or innocence Of the
party charged, or, what is substan.
3 TALLY the same thing, whether the
I facts were justified by the authority
under which the applicant was acting
I at the time. Inquiries of this char
! acter are for juries upon regular
' trial auu IN UpLn eo.-t, not tor n
: Judge at chambers. If made upon
t one side upon habess corpus, they
4 may also be made upon the other
r Ii Federal courts are to protect Fed
e eral officials from prosecution by
j. State courts, for violation of State
9 law, State courts, in their turn, must
u protect State officers from prosecu-
y ton in Federal courts under similar
/ circumstances. Hence dangeIo ous
e conflicts must arise, and imminen,
.. peril to both liberty and union.
d If suth conflicts must come, to the
Ie extent OF the power vested in me,
= shall maintain the honor OF the State
Is aud support the authority Of hel
g. courts. prefer to hope that they
ii may be averted by the abandonment
IN on the part OF the Federal authOrl
e. ties, of the indefensible position
which they have assumed.
I'd The same disposition to extend tn
IN range Of Federal power in dispar
OF agement OF State sovereignty an
in popular rights, has been conspicu
d, ously manifest in the action Of tn
er Federal government in regard to til
ok Territory Of Kansas. From the da
IN when that territory was deprived {
ed the safeguard Of the Missouri proh
nd bition by the passage OF the Kansa;
q Nebraska Act, the whole action
or, the Federal government seems
a have been directed to tie establish
art ment of slavery within it's limits.
Instead OF committing. in goc
he faith, to the people Of the Territor
he the formation and regulation OF the
, a own institutions, all the influence
by the national administration has bee
ofexerted for the subjugation OF Il
cir people to the will of the propagan
'rit lists of slavery. The whole practi
On. al effect cf the Kansas-Nebraska a
lis has been the substitution OF Pres
Pile dental intervention for slavery, i
ere stead of Congressional interventit
: O.! against slavery.
my Without resistance or rebuke irc
yer residents ol Kansas were driven frc
tes. the polls al the first territorial elec,ic
ely and a pretended Legislature was imp,
ed on an unwilling people, by the fra
ion and force OF invaders from an adioini
,ar. State.
vas The people, harsssed and outrag
,ar. bey endurance by the tyranny
o. the usarping Legislature and its ins,r
~ ments who were countenanced and al
us' cd by federal Office holders, sought
~ liel in State organization. Throu
ess a convention assembled at Topek
ust they framed State constitution, ar
lity after its ratification By the popular vo
'rer sought admission under it into the U
as ion. Their prayer for such admissic
est though granted by the House OF Rep
ity. sentalives rejecting the will OF the pc
The pie. was denied by the Senate rsAet
hat ing, in this, the will OF the Slave Int,
nae est.
.iaI Every federal officer in the terrific
who manifested any sympathy with I
=. people, was, from time 10 time, remc
~ ~ ed, and bodies Of troops were sent
gu compel sub omission to usurping powe
a 4 few months since, under an 9
gus which practically dis(ra anchised VI
hee majority OF the citizens, a pretend
election was held for mbers OF co
led vention to frame another constitution
ty, This convection was constituted,
be was intinded, exclusively for the par
nto zans OF slavery. It framed, of cour.
'he a slave state constitution an provid
at Tor its transmission to Congress withc
vas previous submission to the people
md ratification. 1t propo sed indeed to su
,ty init to popular judgment the question
ily slavery or no slavery, but so fran
:. the terms OF submission that no mat
.ha how the people might vote, slave
'"9 would in any event exist in the n,
VI state, II admitted into the Union und
'as that Constitution.
'd,, Happily subsequent to the elec,it
ny OF the Constitutional Convention, d
period for the second election OF Tt
'eh ritorial Legislature arrived. and at d
'ge election then held, the actual resden
OF Of the Territory succeeded in elect
The a majority OF its members in bo
Ice branches The Deonia morLed .,