Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1845-08-15
From the Cincinnati GGzette,
THE CAPTURED OHIOANS,

The account we published last week, Of
the iorclblecaptureot the Ohioansof Wash.
ington county, Ohio, is true. And Nlore is
true. Besides being dragged from their
houses and families, by foreign force, they
have been tried by foreign tribunal, and
retHandea to Jail, there 10 remain until Sep
teaber, when the Superior Oeart of Vrgi.
MIA shall say whether they are feIons or not,
This is a gross and gIaring outrage, and,
one which must not be sp bmitted to, if there
be power in the law to maintain the rights
of the State, guaranteed 10 MS hy the Con-
stitR ton OF the Union, or to defend tire free
demOf the citizen which thelSovernmantis is
pledged to protect. Let US hook at the facts,
see what is decided, understand the law,
and then determine what should he done.
1st. As to the facts: On the evening OF
the 9th ult, after dark, six slaves belonging
to Mr.. Howard, Of Wood county, Virginia,
attempted to escape from bondage, They
succeeded in reaching the bank on thisside
Of the river, where large number of Obi
cans were standing. Seven of this nam
ber We're sent down towards the river, and
helpedthe negroes in carrying gtheir baggage
up the hill. At this moment, six Vrgini-
ans, who were concealed in the bushes near
10y, rHshedupon thecrOwd, dispersed them,
seized three of the men who aided the
slaves, Messrs. Lorraine, Garner and Thom-
as, Of Washington ceWnty, Ohio, forced
t3acm on board boat, took them tetote a
st Pakersburgh, Virginia, by
whom they were romndttrd to prison.
Cd, As to what is decided: On the 18th
JuIy the trial of the three Ohioans was had
before called special codlgof Wood conn
ty, Virginia. The question before the court
was whether 1t had jurisdiction over the
case! The witnesses, Of coarse the very
men who had seized the Ohioans, proved
Substantially what we have stated. Upon
this point the issuerested, For the defence
it was said that all the courts,-and all the
judges of thecourts, fromchief justice Mar
shall down, whenever called uVon TO de-
eide the question, had held the doctrine,
that the law Of one State was imperative
in another State, and that low water mark,
is the boundary Of the north west and has
been SO settled by law for the last twenty
Eve years. The counsel for the State was
challenged to produce a decision at war
with this doctrine. Thatcounsel, in reply,
claimed Jurisdiction for Virginia to the top
Of the northwest bank that her laws did
extend beyondher territory; and cases were
put to illustrate and prove the necessity Of
maintaining this view, And the called
of Virginia sustained these doctrines,
refusing the motion Of the prisoners to bail
Them, and, os we have said remdnaed them
tOja1, there 10 remain untiliried before The Su.
perior CoHW Of Virginia, IN Rert September.
Sd. AS TO the laws The position assum-
ed by the authorities Of Virginia is this:a
That ctizensof Ohio, living here, and nev-
er having set foot on the soil of Virginia,
are yetamenabe TO her law. This doc
ttine is monstrous, and its simple statement
is enough to prove it. Its despotism is SO
palpablc that ireemen, if possessing know
ledge of freedom, would reject it every
where. From the period Of Magma Charta,
when kings ruled with almost omnipotent
sway, to this time, there is not nation, nor
State, which has not rejected this doc.
trne. Nor is there civilized people on
earth who would submit to It's enforcement.
The editor of the Cincinnati Chronicle
who is also, a prominent member Of the
bar, thus alludes, in reply to the Herald,
to the course to be pursued, and points out
the legal remedies that are placed within
the reach Of Ohio:
"The Herald seems to have very small
knowledgeof Of the laws, and in consequence
of it assumes that neither the laws of the
Union nor the laws Of the State Of Ohio
have made any provision for this case
Now, in fact, the National Government and
the State Government have made ample
provisions to cover this very case. If there
be not honesty and patriotism enough in the
courts Of the States, nor in roufts Of the U.
Mon, to administer the laws faithfully,
then we have come to pass, IN which news
paper procamations will be nnavaiing
"The National Governmentha has guaran-
tied the writ Of habeas corpus not only be-
fore the Judges of the State courts, hut be-
fore the Judges of the United States courts.