M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1855-04-27


your most obedient servant,
"GEORGE WASHINGTON"
Important Decision OF JuIge Nc
Lean in the Case OF lhc United
States naTshai.
Below we give entire the decision Of
Judge MCLEAN, Of Supreme Court at
Chambers, in the case of the U. S. Mar.
shal, attached for contempt Of Court by
Judge PARKER. of the Common Pleas,
and brought before Judge Mclean un
der writ OF babsas corpus:
ThE USITsD, STATES, SourHERs Dis.
TRIcT OF 0aIo-BEFuRE JUDoE McLEAN.
-Er parte Il. H. RoBlEsoN. Counsel
for the motion to discharge, Mr.. Pugh;
against the discharge, Messrs Chase,
Walker and JolliGe. A petition and
a alfidavit of Hiram H Robinson, Marshal
of the United States for the above dis
trict, stating that he was imprisoned
under the order of .he Hon. Judge Par
ker, one Of the Judges Of the Court OF
Common Pleas tor the county Of Hamil.
ton, for the performance of his duty as
Marshal, under process issued by Com.
missioner OF the United States and pray.
'iGg for a writ of hubeas corpus was pre-
sented, which being granted; the Sheriff
in obedience to the command Of the
writ, brought the petitioner into Court,
with the following return:
"April 3, 1858, for return and answer
TO the habeas corpus, the Sheriff of
Hamilton County says that by virtue of
an order of the Court OF Common Pleas
and in pursuance Of the command OF
said order, he arrested the within nam.
ed ii. IL, Robinson and committed him Ia
Jail, as commanded; and that he now
holds him in custody by virtue of said
order"
1t appeals, from the facts of the case
that on the 3Oth Of March last an alida.
yit OF Lewis G. Van SIyke was made ia
Judge Parker, representing hinssl f to be
the guardian Of Rosetta Armsteai. and
that said Rosetta was then held In lille.
gal im prisonment by Hiram II. Robin.
sou, United States Mashal, under a Ger.
tain pretended warrant issued By John
l.. Pendery, claiming to sta Commis
sioner Of the Circuit Court of the United
States for tile Southern District of Ohio
from which said imprisonment said Ro
setta was discharged by order of the
Honorable Court on Thursday, the 29tt
day OF March current, in violation Of
which said order Of this Court, and i'm
metiately after the said miuor was pla
ced in the custody of the aHiant, the
said Hiram II. Robinson again seized III {
said minor under the same pretended
warrant ut said Pendery, and now hold.
her in illegal Imprisonment, &c. Upon
which altidavi! writ of hqJeas corpus
was issued. TO this writ the Marshal
made the following return:
1.-The answer of Hiram II Robinson.
Marshal of the Southern District of Ohio
says that ON the Goth day of March
lo5o, ho was and ever since has been
Marshal as aforesaid, duly appointed
and qualified; that on said day warrant
was delivered to him by John l.. Pende
ry, Commissioner Of the Uni,ed States,
aPpointed by the Circuit Court of the
United States, which commanded him
him to arrest Rosetta, a fugitive from
labor, &c, and that Oh the 9th of the
same month he produced the said Roset
ia before The Commissioner, as comman.
ded' and thereupon the hearing Of the
claim, made by y--Dennison speci
hed in said warrant, was regularly com
menced
THAT the hearing of the claim has
been adjourned from day to day anl
from time to time, before the said Com
missioner, and that the determination
thereof yet remains to be made.
THAT on the 30th of March aforesaiC
and before the delivery to the fespon
dent OF this writ, the Commissioner ad
journed The trial aud determination o
the claim until Tuesday morning, the 3.
day of April, at 10 o'clock \. NJ. an,
that the Commissioner did then direc
the respondent. as Marshal, to broluc
the body Of the said Rosetta before hin
on the day and at the hour stated, I,
abide his determination as Commission
erin the premises.
This respondent, therefore, respect
fully denies the right and jurisdiction
OF Common Pleas of Hamilton county tC
compel him to produce the BODY of tn,
said Rosetta before it, under the eli,
culnstances stated"
"lt is admitted that before the war
rant OF the Commissioner was issued tht
colored girl Rosetta was taken by ,
habeaS corpus at Columbus, in Ohio
while passing through The State with the
agent OF her master, before Judge O
Probate, who decided that she was free
and at the same time appointed Van
Slyke her guardian. The seventh sec.
tlon OF the act of Congress of the q
March, 1888, provides, "that either uI
the Justices of the Supreme Court. or
Judge OF any District Court of the Uni.
ted States, in addition TO the authority
already conferred by law, shall have
power to grant wfts of hubsas CORFU,
IN all cases of a prisoner or prisoners
III Jail or confinement, where he or they
shall be committed or confined on or by
any authority or law, for any act done
or omit ted 10 be dune, in pursuance of a
law OF the United States, or any order
process OF decree Ofany judge or courl
thereof" &c.
1t is conienIed that the case under
consideration is not within this statute.
The Marshal omitted TO do ,be,act or.