The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1858-01-13

the ends of their construction. It will be
for the General Assembly, if disposed to
authorize a sale, to determine the neces.
sary restrictions, and how far the results
of the past year are to be accepted as an
indication of value. In my judgment
those results are to be ascribed mainly to
the temporary causes indicated in the re-
port of the Board, and l nave little doubt
that the income in future years, under
prudent and economical management, will
realize their anticipations. Under these
circumstances, it will probably be safest,
in case q sale be contemplated, to take
the average net income of the last ten
years as a proper criterion, and to esti-
mate 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 State Institu-
tions, and of the different Officers AID
Boards in the public service, have been
kept strictly within the limits of the leg
~islative appropriations. An important
exception will-be found in the case Of the
Northern Lunatic Asylum. Debts have
benn contracted in behalf of that Institu-
ton largely beyond the appropriation for
its support and in part, at least, in di-
rect violation of the act of March SO, 49,
81, which not only expressly prohibits
such contracts, but subjects the officers
making them to personal liability for their
performance, and distinctly declares that
the State shall not be liable. 1t is indis-
pensably necessary to arrest a practice,
which, together with the defalcation, has
caused the present embarrassment of our
c.--o - - ----1 IN
transfer the determination of the amount
to be appropriated to the various objects
of the State Government, from the Repre-
sentative of the people. to the several Ad-
ministratiye Boards aid Officers.
There are some aspects of the relations
of Ohio with the Federal Government, to
which l feel myself constrained to invite
your attention.
In my last communication to the Gen
erai Assembly, 1 stated some reasons for
believing that a large sum is due to the
State from the United States, under the
compact relating to the proceeds of public
lands disposed of within cur limits. /
recommend the adoption of resolutions
instructipg our Seniors and requesting
our Representatives. in Congress to urge
the payment of this claim.
The President of the United States aud
tho Secretary of the Federal Treasury
have recommended to Congress the enact
ment of a Bankrupt law, applicable only
to banks and railroad companies. Snch
a law would draw within Federal juris.
diction and disposition, interests of vast
extent, and intimately connected with the
concerns of nearly all our citizens. Il
is indispensable to the sovereignty of the
State that she retain the %contIal of these
corporations in her own Legislature and
her own Courts. If the General Assem-
bly, coneurs with me in this opinion, l
trust its sentiments will be made known
in some appropriate mode.
A disposition has been manifested,
within the last few years, by some of the
officials of the Fed eralG overnment, exerei-
sing their functions within the limits of
Ohio, to disregard the authority, and to
encroach upon the rights of the State, to
an extent and in a manner which demands
your notice.
In February, 1856, several colored
persons were seized in Hamilton county
az fugitive slaves. One of these persons,
Margaret Garner, In tho frenzy of the
moment, impelled, as it seems, by the
dread of seeing her children dragged,
with herself, back to slavery, attempted
to slay them on the spot, aud actually
succeeded in killing one. For this act,
she and her companions were indicted
by the grand jury for the crime Of muir
der, and were taken into custody upon a
writ regularly issued from the court of
common pleas.
While thus imprisoned under the legal
process of a State Court, for the highest
crime known to our code. a writ of habeas
corpus was issued by q Judge of the Dis
trict Conrt of the United States, requir-
ing their production before him. The
writ was obeyed by the sheriff, and, con-
trary to all expectations, and in disregard,
as l must think, of principle and authori-
ty, the prisoners were taken'from his Gus
tody by order of the Judge, and, without
allowing any opportunity for the lnterpo.
sition of the State authorities, delivered
over to the Marshall of the United States,
by whom they were Immediately trans
ported beyond our limits. The alleged
ground for this action and order las that
the indicted parties had been seized as
fugitive slaves upon a Federal Commits
sioner's warrant, before sthe indictment
and arrest, and that tho right to their
custody, thus acquired, was superior to
that of tho Sheriff, under the process of
the State. This doctriue must NECESSARY,
ly give practical IMMUNITY to murder
whenever the murdetor may be seized by
a Federal official as a fugitive from SER
vice before arrest for the crime under
State authority. Imputiug no wrong in
tention to the Judge, | am constrained
to add that his proceeding seems to me
an abuse, rather than al exercise, of judi
cial power.
A similar case occurred more recently
in the county of Champaign. Several
deputies of the Federal Marshall, having
arrested certain citiSeus-ef-this State fer
some alleged offense against the Fugitive
Slave act, a writ of habeas corpus was is
sued by the Probate Judge of that county,
requiring the arrested parties to be
brought before him for inquiry into the
grounds of detention. The Sheriff of
Clark county, while attempting to execute
this writ, was assaulted by these pretty of
fcials and seriously injured. while his dep