The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-03-22
WILLIAM HENDERSON, u.s. The STATE OF ONO, IN

Yours, very respectfully, --.
WILLIAM HENDERSON, u.s. The STATE OF Ono, in error.
The above is the case which created so great an excite
ment in Columbus and the vicinity last April Hender-
being the justice of the peace arrested for assisting
in the atedged kidnapping of Jerry Phinney fugitive
from labor from Kentucky, who had resided undsubed
for sixteen years in the State of Ohio. Henderson was
indicted for kidnapping by the grand jury of Franklin
county, with Forbes Armitage and Others engaged in
the abduction of Jerry. demand made the
utve of Kentucky by governor of Ohio for Forbes and
Amage as fugves from justlce which demand was re-
fused after judicial investigation of the subject before
Judge Brown, at Frankfort in which many interesting
constitutional questions discussed Subsequently
Armage returned to Ohio, and was tried with Hender-
and others, under the aforementioned indictment
for Kidnapping at special term of the Franklin county
common pleas last September. Henderson, the justice of
the peace, convicted and the other defendants
Quilted Numerous errors were assigned on the record
for the refusing sundry instructions asked behalf
of the defendant and giving others adverse to him and
and also for msruling IN many points OF practice The
whole reversed at the supreme court for the de-
csion of all the Judges in bank, when all the questions
made argued both orally and by printed briefs. II
being srenuousy contended for the State that Henderson
acted only mnsteraly as person designated by the act
of 1885, carry out its provisions, and therefore, if
ceedng his commission he arrested freeman, he should
be held strictly liable to answer for it as sheriff. OF
any other executive officer, who did not act in ''good
faith and it denied that Congress would confer I-
rsdcton State officer to act judicaly in such cases
the constitution requires the judicial power OF the
United States 10 be vested in courts established by itself
and not officer whose action this class of cases
could be prohibited by State laws, is decided in the
Prigg case, The following is accurate statement OF
the points decided UNANIMOUSLY by the supreme court in
bank on the 2lst January. Wood, C. j. delivering the
opinion, held
l. That, in a criminal case, it is error for the
court TO proceed to trial. conviction and judgment, with
eiepen jurors only.
O. That the consent Of the parties does not legalz,
such conviction.
3. That, under the constitution Of the United States
and the law of Congress of 1893 Justice of the peace
may act in causing be arrested in adudcang upor
and delivering up one claimed as an escaping slave.
a. That in such action, the justice acted ludcally, anC
is protected from criminal prosecution upon the prnc
pie of judicial immunity
5. That IT does not depend the good or bad faiti
with which judicial officer when he pursues IN
forms Of iaw and keeps scitnhis jurisdiction whether he
is or is not responsible upon Indictment
O. That civil action for the abuse OF legal forms tc
effect maciously improper end, and impeachment are
uered
The full opinion Of the court will be written out afte