The true Democrat., 1855-04-24

BEAS CORPUS.-Y esterday morning, at the Open- ing of Judge Parker's court, MT. Van Slyke, the guardian of Rosetta, stated that the United States marshal had re-arrested the girl, and through his attorneys asked that the court issue an attachment for MT. Robinson for contempt. Messrs Chase, Walker and Jolihe urged the court to issue.the attachment; but Judge Parker concluded that rule would answer, which was accordingly issued, made returnable at half past eleven o'clock. MT. Robinson appeared The hearing and decision were continued nntil nine o'clock when the girl was brought before United States Commissioner Pendery, in the old crimin- al court room, for the hearing of the case upon the warrant issued at the instance of her clai- mant, MT. Dennison.
 large crowd of persons had assembled on the outside, the principal portion being blacks. The court room being partially filled, it was deemed advisable, in order to prevent confusion inside, to station officers at the doors, and to keep the crowd out.
 MT. Hays, on the part of the guardian, opened the argument, and Col. Chambers, on the part of the claimant argued the case at length, and at one o'clock concluded.
 The Commissioner then stated that owing!to the importance of the case and the excitement attending 1t, he would take 1t under advisement and announce his decision on Tuesday morninr at ten o'clock.
 The United States marshal announced to his special deputies that he desired them to aid him in sustaining the law, and that it was his inten- ton to confine the girl in the county iail until the court made its decsiou A carriage was in waiting at the door, and the girl being placed in it, accompanied by her guardian and several of the officers, she was driven to the iail followed by an immense crowd
 The throng outside fingered around until dark, and a number of them eyinced anvthino but a peaceable dispostion Two white men, whose names we could not learn, were arrested by the officers for disorderly conduct and using exciting language among the negroes They were taken into the jai and on one of them was found lage slung-shot and on the other a plStol They were committed for an examina- ton before Judge Spooner this morning.
 Another writ of habeos corpus was issued by Judge Parker in the afternoon, made returnable before him this morning at eleven o'clock This writ Is upon the same grounds as the first one heard and decided by Judge Parker on Thurs day.
 We find the above in the Cincinnati Enquir- CT of March 3l
 The Cincinnati Commercial of April 4th has the following OH the same subject:
 An anxious multitude, including, of course. a large proportion of the colored population. filled the body of the old criminal court room this morning, to hear the final decision in the case of Rosetta, the alleged fugitive from labor and ser vice in Kentucky
 Rosetta was brought into court by the mar sha
 The Commissioner, in delivering his opinion. ! cOm m h 1Xar f. bo another court against the marshal and the claim ant, for contempt, and to the part taken by one of the counsel, who had lately held the proud position of d Senator for Ohio--a member of that body who gave the fugitive slave law birth and vitality; and who, though he used his influence against the passage of that law under which this Qhe CommlSsoner) court held its authority not having resigned his seat after its passage, tactlv acknowledged its constitutonality. Yet said the commissioner, he mainly active ill en- deavOrlng to produce a collision between Judge Parker and this court
 The facts ill the history of the case were then briefly reviewed by the commissioner. As to the question of jurisdiction he supposed under the 4th section of the fugitive slave act that he had full and complete jurisdiction over the sub ject matter of the case. As to how far the rights of the claimant were affected by thesact of his agent, Dr. Miller, the principal, governing that point, was that any acts of the agent with ln the scope of his authority were binding upon the claimant
 The next question was, whether Rosetta was free or could be carried back by her former owner into Kentucky as his property, under the fugitive slave act she having been brought into Ohio by his will and consent? On this point reference was made to the case of the people against Lemon, in which 1t was held that there was no rule under the law of nations authoriz- Ing passage with slaves through any State slavery not existing by the law of nature, and that where a master enters State in which slavery is not fheld, the slave has the same right to assert his freedom that the master has to claim passage through the country Other cases were, also referred to in which the same principle was mentioned.
 SuppOsing, however the authority of these cases not good, and that the girl was not made free by the act of the claimants agent, in bring ing her into Ohio, in what sense was she regard ed as fugitive? The first time she gave any evidence of exercising any will on the subject was when the claimant himself admitted to her the right to choose for herself, freedom or slave ry, and she there declared in favor of freedom There must be some violation on the part of the person escaping, before they could find an es- cape, as contemplated by law. Even at the time of the first technical escape alleged, this girl was hundred and twenty miles from the boundary line Of the State of Kentucky. She should therefore be discharged and declared free
 This announcements was followed by cheers, the impropriety of which called forth the inter- position of the officers.
 great number came up and shook hands with, and even some undertook to hug Rosetta upon the final act of her liberation; and she left the court room in company with her guardian. The Cincinnati Fugitive Slave Case. ftor a1I Tod; I