Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1853-07-16

am at a loss to discover what difference
il can make To Freeman, to have the gues-
ton, whether he was freeman or owed SER
vice to Ellington, investigated before me
rather thar before Com. Sullivan. Com.
Sullivan will hear the evidence that can be
adduced for aud against Freeman--l could
do no more. nm satisfied that have not
got the slightest shadow of an authority to
enter into such an investigation. Com. Sui
livan has aud is fully competent to do it,
and will, have no doubt extend to Free
man, in the investigation, all the latitude that
would, and therefore nothing could be
gained by my investigating the subject in
stead of Com. Sullivan.
The Counsel for Freeman then made an
effort to have him discharged, because OF
alleged disqualification OF the Commissioner
TO hold that office. The State court how
ever overruled that question, and the parties
met before Commissioner Sullivan.
Mr.. Walpole asked that the fugitive be
brought into court.
The Court: The Marshall will produce
him.
Whereupon, the Marshal, John L. Robin
son, gave direction to party of his posse TO
bring Freeman into tho court house.
Mr. Liston asked that the cnuse be contin-
ued until next Wednesday, or for two weeks,
to ennbie Ellington to prepare for trinl. He
had no speech to make, but asked il as a
matter of right.
The Court required him to reduce his
motion TO writing, which he did. The mo-
ton, as written out, was that the cause be
continued until next Monday two weeks, TO
enable the claimant to take dispositions to
establish his claim, according TO the acts of
Congress in such cases made aud provided.
MIR. Ketcham for the prisoner, moved for
rule oil Ellington to show cnuse on next
Monday why he should not give security for
costs, he being n nonresident of this State.
In support oi this motion, lie read the rule
of the circuit court OF the U. ). for this cir
cut, to tbnt effect aud also referred TO the
law ofCongress to enable district aud circuit
courts to make such rules.
Mr. Wnlpole said no law of Congress re-
quired il; il il did, IL would be in violation
of the constitution of the u. s. lie also
alluded to the summary character Of the
proceedings in such cases rs u reason why
no such rule should he given; and said that
claimant had already paid the Marshal $50
and was ready to pay costs as fast as they
might accrue.
John l.. Robinson, Marshal, being called
on, said he had received $50 from Ellington
MIR. Keichum said, if there were any de-
cisiOn against the rule he did not desire il.
There were, however, important questions
to be tried in the case. The Fugitive Slave
Law contemplated fair investigation. This
would call for the taking of depositions and
large expenditures OF money not only by
the claimant, but also by the alleged. fugitive.
Suppose after the accumulation of heavy
costs, this claim should he defeated, and the
prisoner released, who shall pay these costs !?
We have no right TO the services of the otfi-
GERS without compensation. They are TO he
indeinnified; or will they relense us? We
have an unquesiionable right to their services,
aud we ask to be secured against the pay
ment of costs which the claimant cOnpels
us to make.
MIR. Liston: To whom would the bond be
made payable
Mr.. Ketchum: To Freeman. lie is en-
titled to be made safe. lie is forced to make
the costs, aud il the claim is ialse, he should
hnve security against him who compelled
him TO mike them.
Here the claimnnt under the direction o
counsel, pulled ont his purse, and emptyinG
out handful of gold coins, handed n Slt
piece 10 MIR. Lislon, who with great pomp'
osity handed it to the commissioner, at the
same time snying: "There is the utmos
amount you can demand Of us; and the cost
Of others we are rendy to pay Just as fast n
fast as they may accrue. Ii this claim sllal
be decided against the claimant, your Honor
will fork back S5 of that" lie also said tha
he would not argue the motion nor il rule,
to give security for costs would the claiman
in any event do it..
MIR. Ketchum: "Tnis display of none.
and the accompanying remarks are altogethe
unauthorized and unbecoming in thi
court" He then entered at large into tn,
probable amount Of costs, showing that tn
prisoner would be under the necessity o
going to Virginia and Georgia TO procure th
evidedce of his freedom.
MIR. Liston said lie must insist that th
case should be heard in a summary manner
II it is continued from time TO time, will
be so heard. This is not suit-it is n claiu
under the constitution of the u. s. TIL
Marshal is not acting rs an officer but onl
us the agent of the stakeholder. No Office
is bound to act until paid his fees. Th
Marshal is already paid. You've got all yo
can claim. Ii you decide the fugitive not /
] Dc out SihNS, h'Sh you 10y uo boS
FIVE DOLLARS of what we have give
you. This is not suit-it is only lega
demand of our right under the constitution
Any fees made by the defendant, we are nc
bound to pay. We have paid the Marsha
more than he demands-we have paid you
Honor all you can demand-we are ready &
pny all money legally demanded of us, but
you should grant rule upon us for securit
for costs, zoe tpN not gipe il.
Mr.. Barbour; MIR. Liston says this is nc
a trial-not suit-not a cause. What is
trial, suit or cause, il this be not9 Here
n court-here are ofiicers-here are two pal
ties-and here are their attorneys. But il
said that these proceedings are summary
and what is intended by that2 Nothin
more, certainly, than that there is no jur
allowed in these causes The rule then al