New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-08


he NAV have been taken for trial in due coarse. No
investigation should take place into the gua or nno-
cence Of the party charged, or, what - SUBSTANTIALLY
the same thing whether the facts were ushcd oy he
authority under which the applicant was acng .. the
time. Inquiries Of this character forjhries upon
regular trial and in open Court; not for Judge 81
Chambers. Ifmade upon one side upon hebeas cor
pus they must also be made upon the other. IL red"
cral Courts 10 protect Federal officials from prose-
con by State Courts for alleged violation State law
State Courts in their turn must protect state Officers
from prosecution in Federal Courts under similar cir
cumstances. Hence dangerous conflicts must arise,
and imminent peril both to liberty and union.
II such conflicts must come, 10 the extent OF the
mower vested in NE, shall maintain the honor OF the
State and support the Authority OF her Courts pre-
fer 70 hope that they may be averted oy me aoandon
mont ON the part OF the Federal AUTHORIZES oil the
;ndesensible positions which they have assumed"
From this subjec. the Governor passes to that OF
Kansas What he says upon this subject we give aisc
a; length: -<,.,.,
The same dsposi,i 10 extend the range Of Federal
mower in Encouragement of State sovereignty and pop
ular rights has been conspicuously manifest IN inc
action of the Federal Government 10 regard 70 tne
Territory Of Karsas From the day when that Terri
tory was deprived Of the safeguard OF the Missouri
prohibition. by the passage of the kansas-Nebraska
act the whole action of the Federal government
seems to have been directed 10 the eetaoIsnnen. y,
Slavery within its limits. Instead OF committing, N
good faith to the people of the Territory the lorna
ton and regulation of their own institutions al tne
Influence otthe National Administration has been er.
crted for the subjugaon Of the people 10 the WI! 9,
the propagandists of Slavery. The whole practical
effect Of the Kansas Nebraska act has been the subsh,
tuition of Presidential Intervention for Slavery instead
of Congressional Intervention against Slavery
without resistance rebuke from the National
ration the actual residents OF Kansas were
driven from te polls az the first Territorial election,
and n pretended Legislature was imposed on an IN
willing people by the fraud and force OF invaders from
an adjoining State. The people, harased anu Ou.'
inc legislature and its instruments, who were counte-
nanced and aided by Federal ofcehodcrs sought re-
lief in a state organization. Through Convention
assembled at Topeka they framed state Censu.u-
ton and after lis ratification by the popular vote,
sought admission under il into the Union. Their
prayer for such admission, though granted by the
House of Representatives rejecting the VIII OF tho
people. was denied by the Senate rejecting, IN TINS,
the will of the slave interest.
Every Federal officer in the Territory who mani,
tested any sympathy with the people, was, from time
to time, removed, ard bodies OF troops were sent
TO compel submission TO usurpiug power =
A few months since, under 90 act which practl.
cally DISTINGUISHED vast majority OF the citizens,
pretended election held for members of a Con-
yention 10 frame another Constitution. ms Conyen.
ton was constituted was intended exclusively OF
tho partsaus of Slavery. II framed, OF course, a
Snve.Sae Constitution, and provided for its trans
mission to Congress without previous submission to
the people for ratification. II proposed, indeed, to
submit, 10 popular judgment the question OF slavery
or no Slavery but so framed the terms OF submission
that no matter how the people might vote, Slavery
would in any event exist in the new state, II admitted
into the Union under that Constitution.
" Happily subsequent 10 the election OF the Con-
stiutional Convention the period for the second cleo
ton of Territorial Legislature arrived, aud at the
election then held the actual residents OF the Territory
c,eeded in electng majority of lts members III
both branches. The people, Knocked and insulted by
the proceedings Just narrated now invoked from the
Secretary Of the Territory, acting as Governor,
the conyocation of this body. For compliance with
-. t..a ~
from office For expressing himself in opposition to
the admission of the State into the Union under the
Constitution of the Convention, and without previous
submission TO the people the Governor OF the Terri
tory fell under such dspeasure OF the Administration
that he was constrained TO resign his position II the
power and patronage of the Federal Government can
secure the admission OF Kansas into the Union under
this Slave.State Constitution, that power and patron
s sSS will without 0'"''' 90 ''''' 'r''''' " nav
In all this the people of Ohio have deep and
vital interest. Ii is beyond question that vast ma
ority of her electors opposed to this nterpositon
{ the Federal Government in behalf OF Slavery. I
iust that the General Assembly will give emphatic
xpression TO the sentiments OF the people.
/" II cannot fail to arrest attention that all these en-
rOac hments of the Federal Government upon State
oVereignty and upon the freedom OF the Territories.
ar>e from determined purpose on the part OF those
who control Its action to extend the domain, and en-:
large the power of slavery Under this influence tho
ancient and original policy of Slavery prohibition
was OyeIthrown and reversed by the Kansas
Nebraska act. Under this influence, the whole
power Of the National Government has been
exeted TO force Slavery upon the reluctant people
O { Kansas. Under this influence, Also persistent al.
empts are made 10 subjugate the people Of the Free
States to Federal domination, through the adninistra
ton OF the Fugitive Slave act. Under this influence,
finally the Federal Judiciary has promu gated the
revolving doctrine that the Constitution Of the Union
establishes and guarantees Slavery in oil national ter
riory, and, consequently hatthere is no foot OF
widely -eAcnded domain, outside OF States whose
l.l.
can find home exempt from the intrusion Of that
very peculiar institution.
This rapid progress of despotism cannot fail 10
and nix the attention OF rejecting people, II
forces upon the country m0meDtOus issues between
two opposite Systems of government--two opposite
theories of tho Constitution. These issues are rsdica
and vital. Shall the government OF this country b.
administered by the people, Tor the people, or bys
privileged class, Tor a privileged class l. the Con.
s;itution, in fact What il is claimed to be, the
bond and guaranty OF Slavery or what the fathers
of the Republic believed il TO be, the shield and safe
guard Of Liberty Does it establish Slavery every
where outside of Free States, or Liberty everywhere
outside of Slave States Shall the power which Il
eoner- be used for the extension and perpetuation
everywhere Of human bondage or Of human tree
dom
TT il not doubtful where, upon these issues. the
minority OF the people OF Ohio win be found Their
traditions identity them with Freedom and free insiu.
tons. The handspring OF their prosperous progress,
i, in the prohibition of Slavery by the ordinance OF
Eo5. II is this prohibition, transferred into her Con.
rtluton which has attracted within her borders the
tree laborers of many lands, who have largely
contributed to that wonderful development OF ener.
ge- and resources which inspires, at once, feryen
gratitude and honest exultaton. The people Of Ohio
vii never BY their action, charge the founders OF Their
institutions with ignorance OF the true principles o.
popular government, contribute by their suffrage.
to the extension or continuance Of an evil and wron.
from which they have been 30 happily delivered b
the wise forecast Of the Fathers Of the Republic"
MARINE AFFAIRS