Presidential Candidates:: Containing Sketches, Biographical, Personal and Political, of Prominent Candidates for the Presidency in 1860Bartlett, D. W. (David W.)
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Presidential Candidates:: Containing Sketches, Biographical, Personal and Political, of Prominent Candidates for the Presidency in 1860
Bartlett, D. W. (David W.)
Statesmen -- United States; United States -- Biography
"This principle cannot be sound. It subverts effectually the
sovereignty of the State. It asserts the right of any district
judge of the United States to arrest the execution of State
process, and to nullify the functions of State courts and juries,
whenever in his opinion a person charged with crime under State
authority has acted in the matter forming the basis of the charge,
in pursuance of any federal law or warrant. No act of Congress, in
my judgment, 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.
"It is deeply to be regretted that collisions of this kind should
occur. The authorities of Ohio have never failed in due
consideration for the constitutional rights of federal courts, nor
will they thus fail. But they cannot admit, without dishonor, that
State process is entitled to less respect than federal, nor can
they ever concede to federal writs or federal officials a
deference which is not conceded to those of the State.
"The true course is one of mutual respect and mutual deference.
Whenever, in any inquiry upon habeas corpus, by any court, State
or federal, it may be ascertained that the applicant for the writ
is detained under valid process in pursuance 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 substantially 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 a regular trial and in open court; not for a judge at
chambers. If made upon one side upon habeas corpus, they must also
be made upon the other. If federal courts are to protect federal
officials from prosecution by State courts for alleged violations
of State law, State courts in their turn must protect State
officers from prosecution in federal courts, under similar
circumstances. Hence, dangerous conflicts must arise, and imminent
peril both to liberty and union.
"If such conflicts must come, to the extent of the power vested in
me, I shall maintain the honor of the State, and support the
authority of her courts."
We have scarcely given the reader a sample of Mr. Chase's style of
speech, or opinions on the slavery question, and it is quite possible
we have not given the most eloquent extracts which may be found in his
public speeches and messages, but we have quoted enough to show every
intelligent reader who Mr. Chase is and what his opinions are.
EDWARD BATES.
Public-domain text, read in full here on John Shaqi.
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