Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1858-01-23
GOV. CHASE ON STATE SOVEREIGNTY.

cay in his annual message on the subject Of slave
ry;
A disposition has been manifested within the
last lew years, 10y some OF tho officials Of the led
eral government, exercising theiS functions within
the lInits Ut OHIO, to disregard the authority, ahd
10 encroach upon the rights OF the state, to an ex.
tent and in a manner which demands your notice.
In February, 1886. several culorcd persons were
heized in Hamilton county NJ fugitive slaves. Ono
vi these persons, Margaret Garner, IN tho frenzy
vi the moment, impcIlcd, as IT seems 10y tue 'fead
Of seeing her chile rem dragged with herself, back
10 slavery, attempted to slay them on the spot, and
actually succeeded in killing one. For this act, she
and her CON paniOns were indicted by the grand
jury for the crime of murder, aud were taken into
custody upon a writ regularly issued from Il court
Of common pleas.
While thus imprisoned under the legal process
OF a State court. Tor the highest crime known to
nur code, u writ Of habeas corpus was issued by u
judge Of the district court OF the United States re-
curing their production before him. The writ
was obeyed w the sheriff, and contrary to all eX'
pectatiOns, and in disregard, as | must thluk, oi
princi pie aud authority. the prisoners were taken
from his custody by order OF the judge, and Will
cut allowing any opportunity for the lnterpos!llGr
OF tho state authorities, delivered over to the Mar
shall of the United States, 10y whom they were I'M
mediately transported Jeyond our Limits. The al
legged ground for this action and order was that the
indicted parties had been seized as fugitive slaves
upon a federal commissioner warrant, before the
I'll. .-l ...u. ~ ,I., ,L. ,t,It 4, tbniw
nn.todn ,t" "'u " ",'Gsa "n nas .l "n r 'n = o. tbat Of The
.to.;G' 10 ~ rrnross If ,ta S,atc mis- doc.
- na,ass, rrIc 80 nr,oti.,I innruitv tn
n,uo tnnoron ,h:y Sro , ana rnau lao sr'2ed nv a
fadoraI oe;,inI az , L,o;tiVo from service before
unrest for the crime under State authority. lm-
pun"e >, nJI 7,ha, liz nrn,ood, na Sans r., mp
Uaahoso ,athor INN a. ovorniso 9r indir;,l nnw.
y" similar oose ooc,rrod mara rocentlv in ,Le
nnnar Chnm,,i,r Sovor,l donuties of the
-" .onsLoi 49,. arros,od cor,o;n citizens
e u .hi" S'a,n % =. nn ~ nn",od oi,nso a"oinst ILe
" iSa - va, ,u,;t 20 k,Eaos .,rrna wos il
- . ~ ,ho $500 ;,Iro or - c,np,y renpir.
So ., ho rm q nar,;o. :, be hrnngbt Lpf,ro hin, for
;aaon;ry mo tho rrnnrds or dntapfion The sheriff
81 tTt,yyt onrn,y er,hIo ottsnntin, =, exeento this.
writ was assaulted Inv these teitv officials and
seriously injured while bis deputy was fired upon,
,houph hannily without effect. A warrant was is:
mod hv i, usiicc pf the poaco for the apprehen-
sion of the perpetrators of these utfeuses. This
warrant was duiy executed and the prisoners COM
mitted 10 iail under the custody Of the Sheriff of
Clark county. A writ of habeas corpus was then
;ssned NV the same district Judge who had interpos.
"a in the caseof N,rsaret Garner recurring the
sheriff of Clark county to produco his prisoners
before him ut the city IF Cincinnati. This writ
vas also oheved. and the prisoners were discharg.
cd from custodv by the ORDER of the Judge, on the
yround that heing federal officers. and charged
Sith the execution of a federal writ they had q
right tn overcome. by any necessary violence al
ntiemnts made under the process OF a State cour.
10 detain them or their prisoners, even for inquiry
into the legality of the custody in which those pris
nners ,1ere holI
This rr;rcinle cannot ne sound. 1t subverts ef
fec,uarv The soyereirntv Of the State. 1t assert
the riy6t of any District Judge of the Unite,
States TO nrres, the execution OF the state process
aod 10 nullify the functions of State courts an,
;nries whenever in his opinion q person charge,
c.. - - -
matter formin, the basis of the charge. in pursu
enc Of any fe3eral law or warrant No act &
C,n,rass IN NV Indictment. sanctions the urine
ME Such nm act. indeed. would be clearly unco
.stitn,;onaI because in Main violation of the eS
nress nrovision which REQUIRES that the trial
all crimes shall be by Jury.
~ a.,,,u 60 ho ro,ro,to1 ,bo, collisions r
uset'y ~ H. om,hori,ias ~ Oh;
sn,S y" .oiIad IN Sne con.;dera,;ons rwr the cor
a,;,n,;nnoI r;,hts nf federal rourts nor will the
.L.a fo;i ~, ,hnv cannnt admit WITHIN, di
-. H., 80 CT nrncoss i antitlad ~ loss p
nm ony Ina E % ~ an ,bev Sver concedo
1poet u ,o oga;aIJJ darouonno III
49, aanoaSod ,o tboso or tho Stote
~ ,rna coursa is nnc of mutual resrect ar
.". Whororor !, on- ;narirr ~
80 Lr ~ norrt S,ota1r Fedo1oI
~ ~ ~, I'd 10, ,ho o1rrcont FAR Il
may w D ~, ,nJar lid nrooaII IN nnrsnon,
,n,itm,;on low he sbnnId bo raTonded
20 onstnou from which he NAV have hpe
80, con ,r;,I;n dua cnureo No investipoti-
.Ii ~ a H., ;nta Tho r,;It nv inrorenco Of n
nartv charraj ar. what is SUBSTANTIALLY the SAN
pnt'y 10y, -, %c" ,o,s go ;n.,ised Ly Tho o.
hnS, 49,; With rho onnlH.,nt was 0ctirg
Wv. ~. a"'f Tanririos If his character aro Inr !
10 "nnn = r1rni,r triol and in o,pn court n
for n Judge at Ills chambers. If made upon one si
vnon habeas corpus, thew must also Le made up,
the other. If Federal courts are to protect Fede
al officials from prosecution ty State courts for
I-.l .,.I,.;., ~ G,,ta Ian, Stnt. c,,,Is ia "a.
turn, must protec, STATE officers from prosecute
in Federal courts under similar circumstances
Hence dangerous conflicts must arise, and immi
ent nor;l bnth TO liberty and uni,n.
If such conflicts must core, to the extent of Il
mower vested in me. [ shall maintain the honor
The Stote and surrurt the authority Of her cour,
/ prefer to hope that they may be aver,cd by Il
abandonment, on the part Of the Federal author
ties, of the iudefeasable positions which they Ia
assumed