The Tiffin tribune. [volume] (Tiffin, Ohio) 1848-1859, 1858-01-01


last year has fallen ahSrt Of the expenditures
linclndinq Oommissionefs salaries, by The sum
Of al36ib6l. 70 will also be seen that ihe nc.
tual cost uf repairs upnn two sections. exceed.
the contract prices by el9O9ib2. while The ON.
tract prices upon four sections exceed ihe aclua
Gust by si556743i making net difference ia
I favor Of actual cost Of a27 f196l. Under these
circumstances. the aalo Of the canals will doubt.
less be urged upon your attention. 10 may be
admitted that true p1lcy requires the total sep
hfaiinn Of the Slate from the control and mau
agemeut of public works Of this description
but as the canals we're constructed when q diff
iefent policy was strongly recommended by the
circumstance Of The pouple, and have thus be.
come the property uf The State at immense cost.
! am clearly Of opinion that they should not be
sold except for their actual value, and under
such resiriciOns m will secure the ends 0f their
lc0natfuriinn. 10 will be fpr The General Assem-
hly 70 dlapuaed 10 Authorize a sale, 10 determine
the necessary reairictiune, aud how far the re-
suits VI the past year are 90 be accepted as an
indication u value lu my Judgment those re-
suits are 10 be nacrihod mainly 20 the temporhrv
causes indicated In the Report Of the ltoald, aud
| I have little doubt that the income In lutufe
years uuder prudent and economical manage.
meni. will realize their hniiripaiions
updeF these circumstance, 10 will probably
be raie-t, in ease q sale be- contemplated. 10 take
the average net incnno of tie last ten years ns
q pruper criicriun, aud 10 estimate the value nj
the principal OF which thNt income would be
the Interest at ak per cent.
" gives me pleasure 10 state That the expen-
scs " most oi the Stale Institutions aud uf the
different Officers aud Boards IN the public SER
vice, have been Kept ssnolly within the limits
ul the legislative appropriations. Au important
exception will he fund in The case uf the Nor
therh Lunatic Asylum. Dohts have been con-
,tacied IN behalf if that Institution largely he.
rss NtF la
part NJ least, 10 direct violation of the act NJ
March 30, 1851, which not only expressly prp.
hihns such cunt acta, but SUBJECTS the Oficois
making Them 10 personal linhiihy fir heir rer-
firmnuce. hnd distinctly declares that tho stale
shall not be liable. It's indspensaby neccs-
sary 10 arrest pinoiice, which, together With
the drinlcatiOn. hvs caused the present oinbar-
rnameni Of Our fuRpces aud which, II permit
ted, will transfer tho determination Of The
amounts 10 be appropriated TO tho various OBJ
iecia " the Stale Government, from the Repre-
.eniatisos Of the people, g. the several Admins
trative Boards aud Officers
There are some aspects THE relations OF Ohio
with the Federal 0overnmont 20 which feel my.
self constrained 90 invite your attention.
IN my last communication 20 the General As
aemhy, stated some reasons for believing that
large sum Il due 20 The State from the United
states, under The compact relating 70 the pro
cuedu uf public lands disposed OF within our lin.
lta. recommend the adoption Of resolutions,
inatruCtlng our Senators and requesting our Rep.
reeenialiyea In Congreaa TO urge the payment Of
this claim.
The President OF the United States and the Soc
ret-.y Of The Federal Treasury have recommend
cd 70 Congress che enactment Of a Bankrupt Law.
applicable only 10 Banks aud Railroad Compa.
nlea. Rnoh law would draw within Federal ju.
rludlcton aud diaposiioni Interests OF vast OK
tent, and intimately connected with the concerns
OF nearly al our oitizena ID " indispensable 10
the sovereignty Of the State that she retain the
control OF these corporations IN her own LeRialn
turo and her own COuria II the General Assem-
bly, cOncuu with me IN this opinion, ] trust iia
sentiments will be made known IN some appro
PIRATE mode.
disposition has been manifested, within the
last few years. by some Of the officials OF the Fed
erul Government, exercising their functions with.
N the limits Of Ohio, 70 disregard the authority,
aud TO enoroach upon the rights OF the State, TO
on extent and In manner which demands your
notice.
In February, 1885, several oolorod persons were
seized W Hamilton county ~ fugitive slaves One
OF these persons, Margaret Garner In the frenzy
~ the momenL impelled, aa II seems by The dread
OF seeing her children dragged, with herself back
10 slavery, attempted 10 hlay them on the spot
and actually succeeded IN killing one For this
act she and her companions we're indicted by the
grand jury for the orime OF murder, and were IN.
ken into custody upon writ regularly issued
from the Court Of Common Pleas
While thus imprisoned under the legal process
| Of State Court, for the highest crime known 20
our code a writ OF haheas corpus was issued by
the Judge Of the District Court OF the United
stalea, requiring their production before him.
The writ was ohoyed by the sheriff aud, contrary
10 all expectations, and In disregard, as | must
think, Of principle and authority, the prisoners
were taken from nia ousiody by order OF the
Judge and, without allowing aHy opportunity for
the interpretation OF the State authorities, deliver,
| ed over 10 the Marshal OF the United States By
whom they were immediately transported beyond
our limlta. The alleged ground for this actiun
and order was that the indicted parties had been
seized ~ fug tive slaves upon Federal Commits
| sionor'a warrant heinro the indictment and ar.
rest aud that the right 10 their custody, thus &C.
qured, was superior TO that Of the sheriff under
| tho prouuaa of tho State, This doctrine must
whenever the murderer may be seized by a Fed.
| oral Olicinl ~ q fugitive nom service before ar
| rest for the crime under State authority. Impu.
ting no wrong Intention TO the Judge, am cln-
strained 20 add that his proceeding seems TO me
abuse, rather than an exercise, Of judicial pow
A slmllar case occurred more recently In the
county OF Champaign. Several deputies at the
Federal Marshal haying arrested certain citizens
| ofthiu State for some alleged Onense aIHinst the
Fugitive slave AoL writ OF haheaa corpus was ta'
sued by the Probate Judge Of that county, reQni
rlng The arrested parties 20 be brought before him
| for inquiry into the grounds Of detention
| The sheriff OF clark county, while attempting
%
oiiuiala and aerously Injured while his deputy was
/ hrod apOn, though happily without elcoL A war.
rant was lssned BY Jnstice Of the Peace for the
/ apprehension OF the perpetrators OF these Of
lensos This warrant was duly executed and
the prisoners committed 20 jail under the Gus
indy Of ihp sheriff Of CLARK County, A writ OF
habeas corpus was then issued by the same Dis.
triet Judge who had interposed In the case OF
Margaret Garner, requiring The sheriff At Olai /
county lo pruduce his prisoners before him al
the city of Cincinnali This wut was ais
nhey ed, Rnd the prsunors we're discharged irnm
custody hy the order 1T the Judge, on the
ground that heiug Federal officers, aud charged
with the eXecuuon of Federal writ, they had
right to overcome, hy any necessary violence
all attempts mAde under the prcesa of State
oouri, 10 deiain Them nr their prisoners, even
for injury into the legality W the custody M
which those prisoners we're held.
This pundple cannot bo sound. u suhveru
eiiectually the Sovereignty Of tho State. Il 49,
leTts the right Of any District Judge Of Tho United
Sutgs to arrest the execution Of State process, ,anC
% nulliy the functions OF State oourta and ipries
whenever In hia opinion d person charged viii
crime under State authority, has acted la the mat
Ter forming the husia of the charge, Ia pursuance
OF any federal law or warrant No aot Of Congress
In my Judgment sanctions this principle. 6ucl
an act indeed, would he clearly unoonHtltutionnl
because Ia plau violation OF she express provision
which requires that the trial Of al orirnes ahal
be by Jnry.
It 10 deeply 20 he regretted that collisions Of thi
Il Kind should occur The authorities Of Ohio hav