The republic., 1851-10-30


showed their application to the principles expound-
ed by him, and finally left the cause to the jury.
From the MiAedgeriHe Federal Union.
The Presidency.
! The call for national convention of the Demo-
cratic party at Baltimore in June next, which has
been lately issued, will induce some speculation
and no little controversy amongst the press of that
party in the South. The utter confusion which
prevails at this time in the ranks OF the Democracy
OF the South promises any thing but harmony and
good feeling in its future councils. Those Demo
Gratis in Georgia who have followed Howell Cobb
! of into the mazes of Whiggcry can never worship
more at the same altar with the great body of the
! Democratic party who have stood firm and stead
| fastly adhered to the old faith. Mr., Toombs, Mr.
| Stephens, and their friends, never did, never can.
and never will unite with the true Democracy of
the country in a national convention. We have
warned the Democrats of Georgia. against the Goa
tion of Mr. Cobb with Messrs. Toonbs, Stephens,
and Fillmore. This step has so far committed Mr..
| Cobb to the support of the Administration of Mr.
Fillmore to have precluded entirely the possi-
| biity of his reunion with the old Democratic
| party. While MIR. Donelson, of the w ashington
! Union, is calling upon the Democracy of the South
to cease their quarrellings, forget their feuds and
rally again around the time honored standard, Mr.
| Cobb is proclaiming everywhere In Georgia that
| the Democratic party is dead, and that no other
party elaine his consideration the Consttu-
tion and Union party-a party composed almost
entirely of old Wings. Such are the elements Mr..
Cobb will bring into the national convention if he
| proposes to unite in it, We do not believe how
| ever, that such is his intention. We sincerely
| hope and trust it is not
The convention which met in this place in May
last, and nominated Governor Mcdonald it's
standard bearer, truly convention of the
Democratic party of Georgia. 1T is true there
Whigs well as Democrats in that body, but they
were men who believed that the Wings, party,
could never exist gain, and their patriotism and
honesty directed them to the Democratic platform
as the safest and best refuge in the hour OF their
| misfortune If the proof is demanded, let any man
who doubts the assertion refer to the platform OF
he Ma a a he cOrp.
| the same principles are there promulgated that
have ever been the chart and compass OF The old
Democracy, Of the country. Was there any objec-
ton urged by the Wings who had a seat in that
convention to the policy there Indicated None
whatever.
| We candidly tell such presses the Union and
| the PennSy Syiua,iian that union of the southern
| wing of the Democracy is out of the question.
These papers haye lent their influence to the
scheme OF Cobb & Co. to break down the Demo
! cratic party in Georgia, and pave the way for "
| Whig in the person Of Hon. A. II. Stephens in the
United States Senate. Is this the Democracy Mr.,
Donelson and Mr. Forney desire? We believe
| not. 1t ia our hoDcst conviction that these
men have been deceived. They have been dc
| luded; they could not be made to believe that
! Howell Cobb had been thrown overheard by the
true Democracy of Georgia; they had cyce, and
saw not-cars had they, but would not hear. They
have chosen their company; time will prove how
congenial it will be. This assertion we fearcssly
make, and we offer it 10 the Union and the Penn
syuanian as morsel of our prophetic ken, to be
laid aside till called for. Howell Cobb will support
| Mard Fillmore for the Presidency. What will
the Union and the Pennsyiraniam then have to
! say? Will they bury the hatchet-erosc their
! daily phillipics against Fillmore, and, with Ho
| race Greeley and Cobb, shout halleuahs TO the
Democratic Union Fillmore ticket? We shalt sec.
| FUoITIvEs FROM JUsrIcE--It has already been
announced by telegrt PHI that William Childs,
charged with obtaining goods under false pre-
tences from Loney, Townsend Loney, OF Balti-
more, had been discharged by Judge Hoadly, oi
the superior court, at Cincinnati, from the custody
of officers Zell and Wise, who held him as afngi-
tive from justice from the State of Maryland. The
following are the points on which Judge ii. found
| ed his decision:
| lat That the section of the Constitution which
authorizes the surrender of fugitives from justice
! is compact between the States, and can only be
carried out by State legislation, where any legis-
lation is necessary to give effect to ts provision
| I'd. The act of Congress of 1893, requiring the
| Governor of State in which a fugitive from JUS
tce may be found to surrender him, upon the
quistion of the Governor of the State in which the
| crime is charged to have been committed, is un-
| constitutional
Sd. The decision of the Supreme Court of the
United States, in the of Prigg Us. Pennsylva
MIA, in which contrary doctrine is affirmed, is
! obiter dicfum, and not binding authority upon
| the State courts
4th The facts presented in the case OF Chds
| show that he is not fugitive from justice within
| the meaning of the Constitution. iFhe fact that
| man is charged with committing crime in one
| State, and is found in another State does not
der him Jugitire from justice. There must be
something done to show an attempt to avoid a
| prosecution in the State in which the offence is
! charged TO have been committed.
IL will be recollected that Chds first brought
before Judge Key, of the commercial court, and,
after full examination and elaborate argu-
ment was held to answer to the charge of obtain
| ing goods under false pretences in Maryland He
was again taken upon writ of habeos corpus be-
fore Judge Hoady, with whom Judge Warden, OF
the common pleas, sat in judgment, and, as we
have stated, was discharged. The Cincinnati
| Times Gays:
| "Judgc Mclean, of the United States Supreme
| Court, refused to issue writ of babeas corpus for
Chds, il being understood, though not expressed,
| that he considered the res GdJudtcGfd; and,
without the presentation fret of n precedent and
| argument he would decline TO act. Judge War
den, also a young man, agreed only partially with
| Judges Key and Hoady Take it altogether, this
case Is as beautiful example OF the GLORIOUS
certainty of law as know of, and proves that
law and principles arc made principally by the
| judges"
! FGRING AT AN AMgRIcAN VEssEL.--A corrcspon-
dent Of the New York Courier and Enquirer notices
| tho arrival at Key West on the 9th inst. of tho
schoonCr Carroll, of and from Boston, bound to
! Cape Francis, ST. Domingo The captain reports
when of the fort being fired into three times with
| loaded guns from the fort. He showed American
colors, but finding no boat coming of, nor any at
! tempt TO sgnalizc her. md preparations being