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

oners. even for inquiry into the legality
ofthe custody in which these prisoners
were held.
This principle cannot be sound. 1t
subverls effectually the sovereignty of the
State. 1t asserts the right of any Dis
trict Judge of the United States to arrest
the execution OF State process. and to
nulify the functions of State courts and
juries. whenever 10 his opinion a person
charged with crime under State authori-
ty. has acted in the matter forming the
basis Of the charge, in pursuance Of any
federal law OF warrant. No act of Con-
g-ess, in my judgement, sanctions this
principle. Such an act. indeed, would
be clearly unconstitutional. because in
plain violation OF the express provision
which requires that the trial Of all crimes
shall be BY Jury.
1t is deeply TO be regretted that collis-
ions Of tl.is kind shoul occur. The au-
thorities of Ohio have never failed in
due considerations for the constitutional
rights Of Federal Courts. nor will they
thus fail But they cannot admit, with
out dishonor. that State process is entitled
TO less respect than Federal, nor can
they ever concede to Federal writs or
Federal officials Difference which is not
conceded to those OF the State.
The true course is one OF mutual re-
spect and mutual Difference. Whenever
in any inquiry upon habeas corpus, by
any court, State or Federal. it may be as
certained that the applicant fer the writ
is detained unier valid process in pursu-
ance of a constitutional law, he should be
remanded at once to the custody from
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 substantial
ly the same thing. whether the facts were
justified by the authority under which
the applicant was acting at the time
Inquiries of this character are for juries
upon regular trial and in open court; no;
for a Judge at Chambers. II made upon
one side upon habeas corpus. they must
also be made upon the other. Ii Federal
courts are to protect Federal officials from
prosecution by State courts for alleged
violation Of State law, State courts, in
their turn must protect State officers from
prosecution in Federal courts under SINH
lar circumstances. Hence dangerous con-
flic;s must arise, and imminent peril both
10 liberty and union.
If such conflicts must come, TO tie ex-
tent Of the power vested in me, shall
maintain the honor Of the State and sup
port the authority of her courts. pre-
fer to hope that they may be averted by
the abandonment. on the part Of the Fed
ernl authorities. of the indefensihle posi-
tons which they have assumed.
The same disposition 10 extend the
range of Federal power in disparagement
Of State sovereignty and popular rights,
has been conspicuously manifest ia the
action Of the Federal Government in re-
gard to the Territory OF Kansas. From
the day when that Territory was de-
prived Of the safeguard Of the Missouri
prohibition by the passage of the Kansas
Nebraska act. the whole ac,ion of the
Federal government seems 10 have been
directed to The establishment of slavery.
within its limits. Instead Of committing
in good faith. 10 the people Of the Terri
I. ~. the formation and regulation oftheir
own institutions, all the influence of the
national administration has been eIerted
for The subjuga!ion of the people to the
will Of the propsgandists Of slavery. The
whole practical effect Of the Kansas Ne
braska act has been the substitution of
Presidential Intervention for slavery, in
stead of Congressional Intervention
agains, slavery.
Without resistance or rebuke from the
Natioral Administration. the actual res
idents of Kansas were driven from the |
polls at tie first territorial election. and
a pretended legielature was imposed on
an unwilling people by the fraud and
force Of invaders from an adjoining Stste
The people, harrassed and outraged be-
yond endui ance by the tyranny Of the
usurping legislature and its Instruments,
who we're countenanccd and aided BY !
Federal Office holders. sought relief in
State organization. Through conyen-
lion assembled at Topeka. they framed
State constitution, and, after its rali6ca-
tion By the popular vote. sought admis-
sion under it into the Union. Their
prayer for such admission. though rrant-
ed by the House of Representatives, re-
fecting The will OF the people, was de-
MED Dy the Senate rejecting. in this. the
will OF the Slave Interest.
Every federal officer in the territory
who manifested any sympathy with the
people. was from time to time. removed,
and bodies troops were sent 10 compel
submission TO usurpiug power.
A few months since, under an ae.
which practically disfranchised vast ma
iorily Of the citizens. a pretended election
was beld for members Of convention TO
rrame another constitution. This conven
ion was constituted, as was intended, ex-
Of the pariiz,ns Of slavery. l ,
of course, a slave state consli;u-
ion and provided for it's transmission TO
Congress without previous submission 10
he people for ratifcrlion. II proposed
indeed to submit to popular judgement
he question of slavery or no slavery.
out SO framed the term, of submission Z
hat no matter bow tie people might I
'Ote. slavery would in any event exist
n the new state. il admitted into the
Union under the Constitution.
Happily. subsequent to the election Of
he Constitutional Convention. the peri 4
ID for the second election of a Territorial
Legislature arrived, and at the election
hen held. the sctual residents Of the !
Territory succeeded in electing MAORI t
y Of its members in both branches
The people, Knocked and in,ulled by the
'rocesdiugs just narrated, now invoked
rom the Secretary Of the Territory, act