The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1858-01-14

corpus wSsthen issusd By the same District
Judge who had ipserposed In The case of
Margaret Garner, tequiring the Sheriff of
Clark county to produce his prisoners before
| him at the city Of Cincinnati. This writ
was also obeyed, end the prisoners were dis
charged from custody BY the order Of the
Judge, on the ground thai being Federal off.
GERS, snd charged with the execution OF
Federal writ, they had a right to overcome,
BY any necessary violence all attempts made
under the process ofa State court, to detain
them or their prisoners, even for inquiry into
the legality Of the ucnstody in which those
prisoners were held.
f. This principle cannot be soune. Ii sub.
verts effectunlly the sovereignty Of the
State. 1t asserts the ri.ht Of any District
Judge Of the United States to arrest the
execution Of State process, aud to nullify
the functions Of State courts and juries,
whenever in his opinion person charged
with crime under State authority. has ucted
in the matter forming the basis OF the
charge, in pursuance OF any federal law or
warrant. No act Of Congress, in my judg.
ment, sanctions this principle. Such an
act, indeed, would be clearly unconstitution.
al, because in plain violation Of the express
provision which requires that the trial Of all
crimes shall be BY jury. -. Be- ..t .f..,s
It is deeply to be regretted that collisions
Of this kind should occur. The authorities
OF Ohio have never faiied in due consider.
atoms for the constitutional rights Of Fed.
ersl Courts, nor will they thus fail. But
they cannot admit, without dishonor, that
State process is entitled to less respect than
Federal, nor can they ever concede to Fed
eral writs or Federal officials aefefencs
whiShis not concede 10 those Of The Htdte.
The true course is one of mutual respect
and mutual Difference. Whenever, in any
inquiry upon hubeas corpus, by any court,
State OF Federal, it may be aseertained that
the applicant for the writ is detained under
valid process in pursuance Of q constitution.
al law, he should be remanded at once 10
the custody from which he may have been
taken, for trOl in due course. No investi.
CATION should take place into the guilt or
innocence OF the patty chatsed; or, What is
substantially the same thing, whether the
facts were justified by the authority under
which the applicant wis acting ut the lime.
Inquiries Of this character are for iuries
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. II Federal tsttts
t ure to protect Federal officials from prose.
r cu.ion by State courts Tor alleged violation
Of State law, State courts. in theiS turn
must protect State officers from prosecution
in Federal courts under similar circumstaH-
, ces. Hence dangerous conflicts must arise
and imminent peril both to liberty and union.
. such conflicts must come, to the Ell
; tent OF the power vested in me, | shall
maintain the honor Of the Stute and support
I the authority Of her courts. prefer to
i hope that they may be averted by the aban.
. donment, on the part of the Federal au.
!. thoriies, OF the indefensible positions which
. they have assumed.
a The same disposition 10 extend the range
;, Of the Federal powe. ir disparngement o.
u State sovereignty and popular rights, ka.
y been conspicuously manifest in the action o
e the Federal Government in regard to the
" Territory of Kansas. From the DAY whet
: that territory was deprived of the safeguorc
Of the Missouri prohibition By the passage
) Of the Kansas Nebraska uct, the whole &C
Q ton Of the Federal government seems t.
l have been directed to the establishment
slavery within its limits. Instead of com
n,hting, 10 good faith, to the people Of tn.
terrAoFyt the forHtor ridh and ftgHFation o
: ,Aeir own institutions. oil the influence O
the national administration has been exert
! ed for the subjugation of the people tU tht
will of the propngandists OF slavery. Tht
n whole practical effect of the Kansas Ne
!. braska sct has been the substitution o
d Presidential Intervention fof slavery, in
stead Of ConeycsSion i nterten ron agains
/. slavery
n Withont resistance or rebuke from the
National Administration, the actual resi-
d dents Of Kansus were driven from the poll.
e at the first rritoria election, and pre-
4 tended legislature was Imposed on an un
$ willing people by the fraud and force q
invaders from an adjoining State. Tht
=. people, harrassed and outraged beyond en-
!. durance by tho tyranny of the usurping leg
l islature and its instruments who were coun
!. tenanced and aided BY federal office hold
= ers, sought rel eff in a Strte organization
= Through convention assembled at Topeka
Il they framed State constitution, and, afte
J, it's ratification BY the popaIar vote, sougA
o admission under it info the Union. Thei
prayer for such admission. tIfpe.h granted
n Wy the House Of Representatives refectin.
s the will Of the people; was denied by thu
r Senate rejecting, in this. the will Of thu
= Slave Interest. @'| .'"+ f.'~ -" o".
e Every federal officer in the Territory VIII,
q manifested any sympathy with the people
was from time to time, removed, and bodie
,. of troops were sent to compel submissiorf t,
= usurping power. 'e. >7,s y
A few months since, under an act whic
/, practically DISTINGUISHED vast mnjority Q
l. tho citizens, a preteEded election was hel
, for members Of Convention to frame an
other Constitution. The Convention wa
: constituted, Us was intcaded, exclusively q
~ the partizanS Of slavery. II framed, @
ID course, slave State Constitution and pro
r. vided for its transmission to Congress with
: out previous subhdissior to the people 70
ii ratification. 1t proposed indeed 10 subm
At to popular Judgment the question CT SLAYER
a or no slavery, but SO fro med the terms c
j. submission that no matter how the peopl
,u might vote, slavery would in any event exi.
,S in the new State il admitted iltethe Wnio
A under that Consultations. va 1fl a,+,.@ ..
st Happily, subsequent to the election Of III
D. Constitutional Convention, the period 70
Of the second election OF Territorial Legis
= lature arrived, and at the election then hell
te the actual residents Of the Territory sue
Of ceeded in electing majority of its membel
- in both branches. The people, Knocked an
= insuited by the proceedings just narrated
er now invoked from the Secretary OF the Ter
I'd ritory, acting as Governor, the convocatio
l = ~. Lal. H.. -sHs. LIT.