Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1855-04-07


reetiug the Sheriff to protect him in said custody
until he can place the said Rosetta III some proper
place OF safety. l.. q, VAN. SLYkE.
Sworn aud subscribed in my presence in au open
Court, this 10Th day OF March, a.. ID. 1855.
TIIOS SPOUNER, Uieik.
BY IL. SaETnuRsr.
Mr.. Chase in support Of the motion ,aid: There
undoubtedly exists III the minds Ot the claimants
OF this girl, II well-ioundcd Intention to re-arrest
her no person within the sound OF my voice l think
at all duuUys the existence ut such II purpose. The
Marshal thinks that it is due to himself from tue
penalties liked 10y the fugitive slave act 81 to do
/ have no censule to pronounce upon him Tor that
opinion, yet l think ii is an uniounded one.
Having discharged her as tree, you proceed in
the next place to deliver her up to her le-
gally appointed guardian. lUu proceed III the
tniid place ~ see that order is executed. Now
then, the question is whether that protection Is to
De continued not IA single moment alter sue he i'll
the custudy of Mr.. Van Slyke, or until this child
reaches some proper place of safety. l think that
the circumstances Ut this case are peculiar, and
require particularly the protection OF this court.
" mere Is TINS child, and where Is her qua dams
resldencc3 why was this case brought here? are
there no Commissioners i'll COiumUusY l know
there are. Why was the application made before
u particu lar Individual at the distance vi Il hundred
and twenty miles away, and the Marshal sent ut II
great ey peI.se to seize this child III the dwelling vi
II peaceaDie and quiet citizen, and BRING her here
anna all lueuanScGsO vi COlliolJn uhu NlOiciiC6 Which
necessarily must arise? Inc Marshal for the
Southern District of Ohio is sent to the extreme
limit vi his jurisdiction to bring this child down
ueiu to have her right OF freedom, dear to her as
the right Of amy Individual in the sound OF my
voice Is dear to him, to have her right settled 10y u
Commissioner OF this county, who has acquired, L
AM sorry 10 say, an unenrIable netOricty. Why
was all th's extraordinary prOeeedinsf lt was tor
the advantage to he gained. Well now, sir, alter
Those advantages are acquired, by bringing this
child here, what is the remedy pointed out by the
Fugitive Slave act? Why, SIR, upon IA simple aft
davit of this claimant, the Marshal is authorized
- arrest and he musters a whole posse OF the coun-
try every man whom he can fnd, and they are all
to DC paid out of the United States Treasury. lie
is protected TO the very utterrlUst. lie can have
the Marshal the posse, and the whole Treasury OI
the United States ut his disposal for that purpose,
and is IL protection ut liberty to be desired? We
simply ask that sho shall be protected until she
shall get into some proper place. l think that
these considerations are pertinent to this case, ana
| think they show, i'll Il clear point. the duties OF a
State Court in Ohio, to carry out the laws OF ONO.
Mr.. George f.. Pugh-IUur Honor has decided,
that Ibis piece of paper 1.-The warranty Is not sum
cieut. The simple question then, Is, whether the
Marshal tor the southern district Ut OHIO Is an-
tIorizeJ to hold this girl by that paper. There is
no other question.
The gentleman says this is a peculiar case. 1t
is Il peculiar case, and as such thee ought not to
be admitted into it any feeling of prejudice OF pas
sion. The gentleman says that instead OF going
before the Commissioner ut Columbus, this child
WAS brought here Tor the purpose OF gaining Il par
ticuiar advantage. How was it? Have we not
heard from the lips Of her guardian that n mob
was assembled in Columbus, and that it was with
difficulty they were Quoted? With the character
OF the u. 5. Commissioner we have nothing to do.
lie is Il duly appointed officer, ana acts under the
restrictions Of an oath.
There is evidently much excitclnent as to the is.
I,nn - ,bA .nan .,a.al ,~l Lad l- l. eat &c
the girl being cUlOred; for it appears all our SYM
patlles are to lie reserved for coiored cases. 1t is
not within the province Of this court to sit in judy
ment upon the Fugitive Slave bill That has been
passed; it is upon the Statutes of the United States
and your Honor is bound by your judicial oath to
execute the constitution and laws of the United
States, as well as the constitution and laws of the
State of Ohio. 1t has been sustained by the tri
g Dunal authorized to deliberate upon it. Yet, not
outstanding this, your Honor is asked to 90 be
hind the principles of that act.
have the highest respect for the laws of tn,
State of Ohio | owe more to her than to any 9th
!, er State; yet her State Courts must be bound t
enforce the laws of the United States in preference
t to their own. Has this party any rights whicl
cannot be properly adjudicated before another tr
= bunal? She is not without friends, and has beef
: able to procure eminent counsel, who can well prC
tect her in those rights.
| ask then as a protection to the Marshal, tina
|, the power Of this court Re at least SO circumscribe
rs not to assume to a perpetual injunction upo
any further proceedings in regard to the custody u
IS this girl.
a Mr.. Chase, in reply, said i do not question tn
gentleman's devotion to the State that has confe,
d red such signal honorS upon him, and to which h
d is bound by the most endearing ties 10y which
man can be bound to his country. lie could d
nothing else than be a faithful son but his idea
differ widely from mine as to what is necessary t
maintain the honor OF the State of Ohin-ver,
.e widely indeed. Does he think the honor of tn
tie State Of Ohio is to lie preserved by this Court m;
king an order that is simply a nudity? In my jul,
ment the honor of the State Of Ohio is to ne pr
served by this Court saying that its orders are
be executed, that they are to be efiectual. III
thinks 1T is the duty Of the State Of Ohio to kee
re itself within its acknowledged limits, and not
y 20 behind any process of the United States.
think 50 too, but | think further that it is the dut
IS of this court to see that no process protesting to |
the process of the United States overrulcs the COZ
ii stitutional Powers of this State.
The primary duty of the State courts is to waite
e over tue liberties of each individual, and ever
Ia assault upon those liberties is an infringement
the honor and dignity of the State. A State is
community OF men organized by and under a col
er stitution, and regulated by laws, and extending
lie each individual certain rights and immunities, IN
protecting him from unlawful seizure and arres
I'd What are courts constituted for but to see that Il
~ lmmunities and privileges are secured from Il
a Infringement, and that no power lays the weigl
ot n hnger upon our constitution and laws. 81
I'd our duty is to our State. and l must say that | IL
somewhat astonished that my learned friend shou
be take up and advocate So contrary a doctrine. 81
! cannot see, upon any such principles as | ha'
is heard my friend contend for, whether he vindicat
o. the constitutionality of the law tself. | won
tie like to ask him whether the Fugitive Slave act
IN not n usurpation.
ly (Mr. Pugh-I do not think it isl
tie 1he Court then granted the motion. and II
he girl was delivered into the custody Of the Sheriff
err The Sheriff asked Mr.. Van Slyke where /
be wanted the girl delivered to him.. and was auswe
ed by Mr.. Chase, "at the Woodruff House."
OF On the Sheriff and posse leaving the courtroom
to proceed to the Woodruff House with "Rosetta
hit a large-sized, hugh-isted negro man, named Chi
ot holen, made n pass at Thomas Higdon, Deput
a Sheriff, who held the girl, when he was seized |
ee Ben. lIigdon, ex.Sherif, who with Mr.. Garout
Turnkey who happened to be present, seized Al
bore the stout man to Jail. where, on examinatio