Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1858-01-13

Under these circumstances, it will
probably be safest. in case a sale be
contemplated, TO take the average net
income Of the last ten years as a proper
criterion, and to estimate the value at the
principal Of which that income would be
the interest at six per cent.
1t gives me pleasure TO state that the
expenses of most of the S ate Institutions.
and of the different Officers and Boards
in the public service, have been kept
strictly within The limits of the legisla-
tive appropriations. An important ex-
ceplion will be found in the case Of the
Northern Lunstic Asylum. Debts have
been contracted in behalf of that lnstiIu-
ton largely beyond the appropriation
for its support; and in part, at least. in
direct violation of the act Of March 80.
1857, which not only expressly pfohibits
such contracts, but subjects the officers
making them 10 personal liability for
their performance, and distinctly de-
clares that the State shall not be liable.
1t isindispensably necessary 10 arrest a
practice. which. together with the defal-
cation, has caused the present embar-
rassment Of our finances, and which. il
permitted, will transfer the determina-
lion of the amounts 10 be appropriated
to the various objects of the State Gov
ernment. from the Representatives Of the
people, 10 the several Administrative
Boards and Officers.
There are some aspects of The rels-
lions Of Ohio with the Federal Govern
ment. TO which feel myself constrained
to invite your attention.
In my last communication to the Gen
eral Assembly, stated some reasons for
believing tha. large sum is due to the
State from the United States under the
compact relating 10 The proceeds Of
public lands disposed of within our lim-
its. l recommended the adoption of res
olurions. instructing our Senators and
requesting our Representatives in Con-
grrss to urge the payment of this claim.
The President OF the United States and
the Secretary of The Federal Treasury
have recommended to Congress The en-
actment OF Bankrupt Law. applicable
only TO Banks and Railroad Companies.
Such law would draw within Federal
Jurisdiction and disposition. interests of
vast extent, and intimately connected
with the concerns of nearly all our cili
zens. 1t is Indispensable to the sover-
eighty of the State that she retain the
control of these corporations in her own
Legislature aud her own Courts. Ii the
General Assembly concurs with me in
this opinion. trust its sentiments will
be made kCown in some appropriate
mode.
A disposition has been manifested
within the last few years. by some Of the
offici Is OF the Federal Government, ex
ercising their functions within he limits
of Ohio, to disregard the authority, and
to encroacb upon the rights Of The State,
to an extent and in manner which de-
mands your notice.
In FEBRUARY. 1856. several colored
persons were seized in Hamilton county
as fugitive slaves. One Of these persons,
Margaret Garner. in the frenzy Of the
moment. impelled. as it seem, by the
dread of seeing her children dragged.
with herself, back TO slavery, attempted
to slay them on the spot, ard aciually
succeeded iu killing one. For this act.
she and her companions were indicted
by the grand jury for the crime of muir
der, and were taken in:o custody uEon
a writ regularly ISSUED from the Court Of
Common Pleas.
While tLus impri.oned under the legal
process Of State Court, for The highest
crime known 10 our code. a writ OF ha-
beas corpus was issued by the Judge of
the District Court Of the United States,
requiring their production before him
Tue writ was o6eyed by the Sheriff, and
contrary to all expectations. and in disre-
gard. as must think, of principle and
authority. the prisoners were taken from
his custody by order OF the Judge. and.
without allowing any opportunity for the
interposiIion of the State authorities, de.
livered over TO the Marshal Of the Uni
ted States. BY whom they were immedi-
a,ely transported beyond our limits
The alleged ground for this action and
order was that the indicted parties had
been seized as fugitive slaves upon q
Federal Commissioner warrant, before
the Indictment and arrest. and that the
righ, 10 their custody. thus acquired. was
superior TO that ofthe Sheriff. under the
process Ct the State. This doctrine must
necessarily give practical impunily to
murder whenever the murderer may be |
seizsed by Federal official as fugitive
from service before arrest for the crime
under State authority. ImpuIing no
wrong intention 10 The Judge, | am con-
strained to add that his proceeding seems
10 me an abuse, rather than an exercise
,fjudicial power.
A similar case occurred more recently
in the county Of Champaign Several
deputies of the Federal Marshal. baving
arrested certain cilizcns of this State for
;ome alleged offence against the Fugitive
Slave Act, writ of Habeas Corpus was
ssued by The Probate Judge of ;hat coun-
v, requiring the arrested parties to be
bought before him for inquiry into the
grounds of detention. The Sheriff Of
Clark county, while attempting to ex-
cute this wit. was assaulted by these
,etty officials and seriously injured. while
lis deputy was fred upon. bapP ily with
N. effect. A warrant was issued by a
Justice of the Peace for the apprehension
# The perpetrators of these offences
The warrant was duly executed. and the
prisoners committed to Jail under the
custody of The Sheriff OF CLARK county.
\ writ of Habeas Corpus was then issued
" the same District Judge who had in
exposed in the case of Margaret Garner,
equiring the Sheriff Of Clark County TO
roduce his prisoners before him at the
ity cf Cincinnati. This writ was also
beyed, ana the prisoners were discharg
d from custody by the order Of the
udge, on the ground that being Federal !
Gcers, and charged with the execution