Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-01-09

unknown the writ of habeas corpus. Under the stat
Of the State Of Indiana the functions Of the writ is
extended but for the bcnet Of the prisoner, when at
common law he would be discharged account OF de-
ecuve writ Our statute requires the Judge to re-exam
the case and remand the prisoner if guilty 1t au
thorizes the examination Of Witnesses for the purpose
of determining the amount Of the ball. bat there is
authority to discharge when the proceedings cor
rect.
As to the bride the Judge, repeat what we said
bsore 1t was introduced graduate the fee according
to the labor performed, and pay for copying the
cord and not Offer a reward to consgn FRESHMAN to
slavery We should be sorry to have so bad an opinion
of fellow men, as to suppose for the Pitlui sum
of five dollars, any commissioner judge would be in
uenced in his decision Under statute, justices Of
the peace have jurisdiction Of many of the minor oen
ces II the defendant is found guilty, he pays the cost,
and the magistrate gets his fee but If he is acquitted
there is Fee Under this law have heard OF
single instance Ofiniusticc. So small is that objection
which now urged to the law, that it overlooked
entirely by the enemies Of the BILL who fought inch by
inch in the Senate.
The next objection we consider equally unienable.
which is that the expenses of the Of the fugitive
is to be paid of the national treasury This prov
sion rendered necessary by northern resistance to the
Constitution. Where there is resistance there need
be no expense. The compact between the States: re-
quires that fugitves from labor sha be delivered up
on claim" Now deliver the fugitive to the
be rescued the next moment by mob would not be
plying in good faith with our obligations under the Con-
stitution The SOUTH with proprety, might COM
plain by saying that they under the Constitution ought
tloI cla holm
their return; but the north whose resistance has made
this provision necessary least should be silent But
Dr. Simpson says ''the citizen of the north may lose
his horse and he must recover him at his own expense"
This is true but the very different The Con-
stitution is silent the subject of horses There is
clause for their delivery, and danger of resistance
As the charge that the law makes the whole north
slave eatchers there greater perversion.
So far as Indiana is concerned we have a tall athletic
Marshal who will arrest every fugitive, which the law
will require without the aid of any one. All he asks
is that the people may fold their in perfect
traty and he will call for any Of their assistance
But when resistance is made to the execution of the law
then will every good citizen be required TO aid in MAN,
tanning its supremacy. If they fold their and re-
fuse, there is penalty But upon this point the Doc
tor has taken counsel of gentlemen learned in the law
some of them have asserted that in of refusal to
aid the Marshal they would he held liable for the value
of the slave in action for damages by the
This however, he says he "does not assert" Why
does he not assert tl Because he knows it true
and therefore, being Divine, he is unwilling to make
the statement. The strong objection which Doctor
Simpson makes the law is that under its FORMS free
men will be kidnapped and carried into slavery. His
mind seems be fruitful u conjurng up gina
ry cases He builds up men of straw and fights them
with the yalor OF an ancient Knight. Wonder if our
friend ever heard of the story of the beautiful young
damsel who weeping at the mouth of glow
ing furnaces and being asked the cause of her deep dis
tress she replied: 81 just thinking that if | should
ever get married and have little baby, and it would
crawl up into such place this, and the poor dear
little thing should get burned DEATH what terrible
catastrophe it would be-"
Now again assert, that with all the guards thrown
around this law, kidnapping under it, is imposs
bic There has been ease, and predict there
never will be. Negroes stolen horses stolen
not under the of law, but under the of the
night: and the chance for detection and punishment ir
the ease Of the negro times greater than the theft
Of the horse One is dumb brute, the other is human
being that speaks. The sympathy of the people will
be with the black man, and to such crmC
perjury must precede it. We do not believe that DIR
Simpson wishes to make the Constitution. II,
intends only to attack the law but in doing So he in eff
feet assails the Constitution. He does intend t.
recommend notification resistance under the ''hghe
aw doctrines of the abotionists, but yet he makes
powerful argument in its favor We understand hi
position TO be- that all GOOD men will aid in sustaining
upholGng good laws but bad laws should be disregard
cd. This in the ab..sact may all be well enough. Bu
who be the Judge, whether the law is good bad
Laws must be uniform in their operation. They mus
effect all alike and be obeycd by all alike. law tina
Dr. Simpson. of the Methodist church might regard a
bad Bishop Purcell of the Catholic church might view
as good vet neither of them are constitutional Judges
Cur political system is founded the great and
living principles of Christianity Our code of laws is
code OF morality II law is unconstitutional, it
void But that is question which the judicial tribu
nails, and private citizens, must decide. Our owl
code of laws was the one which had reference
when we said that good citizens would aid in their en-
orcement and not that cruel and inhuman decree whe
destroyed the Hebrew children; 1--WE love children ant
would never consent to their murder) not the blood
edct which condemned Jesus of Nazareth; the Law
which consigned Daniel to the Lions den; the tire
Hebrews the fiery furnace. All these are for
eign to the subject and if our discussion with
Politician instead Of Divine, should apply to then
the epithet of demaroguism. If law is manifesto
contrary good morals it should be resisted The Bos
ton Patriots resisted the odous British Tariff Laws AM
hurled the Tea into brincy depot. In this they
right; but the act was revolutionary and if Dr. Simpson
is in favor of revolution, then his argument is goo
ONE and his authorities applicable TO the case Butt the