The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-08-11

vet where the law points out way ioi
TO proceed, it is necessary for the rignts
that the proper forms of law shau
piled with, This has been neglecteesoy e'A
bail. Petersdorf on bail, shows that the prin
cipal need only attend Court on the day q
which he is bound to appear, except wnere %
has special notice from the bail. The Cour
nor anybody else can compel him to appear II
Court. The bail alone can enforce 1t. h'
can control him ON all occasions, and on al
days He has more power than the Court ovel
him. Hubert, by the power of baii-plece
could have grasped at any time, and any where
This he failed to do, but comes into Court ano
represents state of facts, which are rather
represented by counsel than shown TO exist
Still they are not denied. BY these, it appears
that he has not enforced his rights, by taxing
out bail. piece This custody was not an ac'
tive custody. This being the state OF the case
our present action cannot be to surrender MN
to his bail. The prisoner don't ask it. He ha'
not attempted to exercise the right which the
law has confded to him. We cannot take II
for granted that the marshal would not let the
bail have the prisoner on a bail-piece As the
bail has taken the risk, we will not interfere
that he shall appear to answer.
State, the bail must take the means to bring
him back. 1t is the consequence of the risk
he assumed IL the prisoner had been In ac-
tual custody, this Court would not hesitate tc
enforce q compliance with the petition. as II
did in issuing and enforcing the writ of hobea'
corpus. The Court would require him to an
swer here first.
"There is no embarrassment in the case, and
no collision of jurisdiction. The Fugitive law
was never intended to suspend the writ Of
habeas corpus The Constitution of the United
States declares that this writ cannot be sus.
pended, but in the contingencies therein named
Whoever should attempt it, would come into
conflict with that instrument and he would be
happy in restraining the attempt as in that
present instance.
"As there is no conflict of jurisdiction, but
is simply question of the right of the bail to
have the custody of the prisoner, upon his
coming in to ask it, we declare that the pris-
oner is not in any way under the control of
this Court, and therefore discharge him from
the custody of the sheriff, where we placed him.
"The prisoner was thereupon taken into Gus
tody by the United States Marshal, and imme-
diately conveyed to carriage, and taken on
the route to Maryland.
"Mr. Pierce asked the Court for bail
piece, and was informed that it was writ of
right.
"A bail-piece was made out by Mr. Sharkey,
on the record being fled, and handed to Little.
ton Hubert, who, with several others, started
in pursuit of the marshal and his prisoner"
Subsequent History of the Case Successful
Dodge of the Manufactured of Aiberti.
The Philadelphia Ledger briefly states that
I" In removing Fisher from this State on
Tuesday, after the disposition of the habeas
,orpS, the marshal baffled his bail and the
ulcers employed to pursue him, by proceeding
% Paoli. Here he remained until the midnight
rain. Fisher was securely placed in baggage
,ar, and he passed over the Columbia railroad
N route for Baltimore Guards were placed
~ the friends of the slave upon the direct lines
% Baltimore"
The Baltimore Argus gives it thus:
The United States Marshal for the Eastern
District of Pennsylvania, Colonel F. M. Wyn-
Ioop arrived in this city last evening, the 9th
INST, with the fugitive slave Fisher, belonging
o Mr.. Howard, of Cecil county. Upon his
arrival, the marshal surrendered the slave to
lis masters order, and left in the morning
rain for the scene of his labors in Philadelphia.
f the United States Government sustains the
marshal in his late determination to retain the
fugitive in his custody under all hazards which
t cannot fail to do, in our opinion, Colonel
Wynkoop has established precedent worthy
# all praise, and which will 60 far in allaying
he fanatical zeal usually displayed by North
IN AbolitiOnss in their efforts to cause the
aw to be evaded by cunning Vaccinations.
In conversation we had with the Colonel
We learn that another attempt at rescue was
made in the shape of the indispensable bail.
iece, previous to his leaving Philadelphia,
7hich was only avoided by the msshals fore
ght in driving with the negro incog. in pri-
ate carriage out of the limits of the State
Maryland slave owners should indeed be CRATE
ii for the indefatigable efforts of this merito-
ous officer"
And the Philadelphia Register supplies the
blowing commentary, which spares the ne
sssity for such reflections upon the conduct of
lis officer, as We would otherwise be con-
rained to make:
Marshal Wynkoop.-The Bulletin is par
cularly severe in its comments on the conduct
this officer in the recent case. The Sun
lso We can only add our opinion, that he
cted more like the partisan than the officer.
70 seems to have espoused the cause OF How
I'd, the claimant, with unbecoming zeal. Why
,ould he have dispatched cab to prevent
Usher from being deposited in the county
rison, and, consequently, to prevent the ser.
ice of the writ Of kdbeas corpus on MIR. Freed!
1hy, too should he have displayed so much
lgenuity and activity in battling the law of
,e State?
"1he claimant in this case revived claim
six years date And against whom? Against
humble and friendless man, husband and
father. Towards mission among us was to
,idow an innocent wife, to orphan four help
,ss children, and bear away into hopeless sla-
ery man who had long enjoyed the blessings
{ freedom. And all this, to add only few
undred dollars to his large fortune. 1t was
n infamous mission. What matters it to a
ian Of honor that il was legal? Your SYM
athy with it was ill-becoming you, Marshal
vynkoop Your alaority to spirit away the
-embling wretch who was in your custody
nder q law which no American names in u
,reign land, and which he cannot think of
ere without the hot flush Of shame on his
row-will be the regret of your old age.
Tide, If you can, the handouts under your
military iaurels; and do not forget the four
hildrcn and lonely wife who are now weeping
yer the desolate hearthstone. In the sight of
iod, their grief is a testimony against YOU D
The Philadelphia Ledger of the LIST instant
n its Court reports, contains the following item.
I will be recollccted that this man Alberti was
lot only convicted upon the indictment here
mentioned for kidnapping, but was sent to the
and afterwards pardoned out by
Governor Bigler, of Pennsylvania
"Alberti in Trouble.-In the Quarter Sessions
m Saturday, ID. p Brown asked for bench
warrant against George +. Albert, that he
night be in court to answer the charge OF con-
piracy. II appears that on the 2Sth Of Feb
.uary 1851, bill of indictment was found
against Albert, charging him with kidnapping
IN one count, and on second count, with con-
pirng with J. Frisby Price, Robert Smith,