Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1858-12-21


There has been for some time. con-
test going on between the Superior Court
Of Cincinnati and the United States Dis
,rict Court, in reference to the assels of
the Ohio Life and Trust Company. The
contest is for Jurisdiction. A suit was
commenced in the Superior Court, and the
Sheriff of the County, under the statute
of Ohio, was sppoinLed receiver and took
possession of the effects. Two days af-
terward, a suit was commenced in the
United States Court, and the Judge thereof.
appointed another receiver and, ordered
him to take possession of the same assets,
already in the hands of the Sheriff, as re-
ceiyer appointed by the Superior Court.
The Superior Court claimed jurisdiction
over the matter, and if. the Sheriff deliv
cred up the property in obedience to the
order of the United States Court, he would
be liable to the parties, as well as subject
himself to process for contempt Of the
Court appointing him, while if he did
not, he was liable TO be imprisoned for con-
tempt by the United States Court. In
this state of the case. he refused to COM
ply with the order of the United States
Court, and was ruled to show cause why
he should not be attached for contempt,
for disobedience. The case has excited
great deal of interest, not only in 'Cincin-
natl, but throughout the State and the
country. Both Courts have delivered
elaborate opinions, each maintaining its
own Jurisdiction 10 the exclusion of the
other. r
The United States Court has made a
final order on the Sheriff requiring him
to deliver the property to the receiver ap-
pointed by it, with the distinct announce
ment that the United States forces will be
called upon, if necessary, to inforce the
order, and which, if executed, will, of
course, be followed by the imprisonment
of the Sheriff for contempt Onthe other
hand, the Superior Court has entered an
! order, forbidding the Sheriff's compliance
with the order of the United States Court,
and requiring him to call out the forces of
the county, if necessary, to repell any
force employed by the United States Court
to enforce it's order, with the equally dis
tinct intimation that it will punish him for
contempt if he disobeys.
Between this upper and neither mill
stone, the Sheriff is in difficult position;
lbu. he has chosen, and as we think rightly,
to obey the orders of the State Court,
whose officer he is.
The two Courts have thus come into
direct conflict, and unless one or the
other recedes from its position, it is diff
cult TO perceive how a conflict of forces is
10 be avoided. 7-2 aH. a9.sA ao
+ 1t is TO be regretted that such state OF
things should exist, but it'll we'll. per-
haps, to test the Theory of our institutions
at this time as at any other. If State
rights are to be wholly sacrificed, in order
to build up an over-shading and irrespon-
sible despotism i'll the persons of the United
States Judges, we may as we'll know il
now as hereafter. T'i
+ The United States Courts have been fol
some years stretching their authority, and
Overriding the rights of the States, unit
it is matter of doubt whether any such
rights remain. These usurpations have
been, heretofore, for the purpose o.
Strengthening and building up the iusti
tuition of slavery, which, interwoyen as il
is, in the interests of the Democratic party
that organization has been tempted tc
wink at the usurpation aud uphold these
decisions from party considerations. AND
hence, not only the tolerance but actua
support given to Dred Scott and similar
decisions, which strike at the very foun
dation of State rights and the politica
Liberties of white men, as well as the per
sonal rights of the negro. Fp
1t remains to be seen whether that party
will now side with this extending Fedora
power, when it is attempted to override
and PROSTATE the State Courts, with neve
a 'nigger" in the question.
1t is a question of very grave moment
and we shall look for its final Termination
with deep interest. X
re The authorities of New York cit,
! seemto be neddlesome set of fellows