Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1855-08-18

W. heShhth tilbt hd WINS
a citizen of Ohio, he was convicted and fined ten
dollars and cost of suit. In default of payment
he was committed to Jail. A writ Of hajeas cor.
pus sued out and this matter came on for hearing
before his Honor James w. Borden, Mt cham bers
ON a writ o. haboas corpus, on Thursday, and was
finally determif ed on Friday last. Messrs. L. M.
Ninde aud Q. tsc appeared for the prisoner, and
w. w. Carson for the State. The sheriff made res
turn to the writ Of habcas corpus, th1t he held the
prisoner by virtue Of the mittimus of J. b. Dubois
Esq. The mittimus set out that james p. Brown,
a mulatto and person of color, was found in the
county of Allen and State of Indiana in violation
of law-whereupon said Brown was arrested and
tried for said offence and found guilty" To this
return Messrs. Nindo and Case fled exceptions,
alleging that it showed no conviction for any of
fence known to the laws Of Indiana, nor did it mp
pear that any such final judgment had been rem
dered as would authorize the issuing Of n mitti-
mus. These exceptions were argued by counsel
and sustained by the Court, his Honor holding that
said mittimus did not authorize the holding Of the
prisoner in custody. Mr.. Case then moved that
the prisoner be discharged. Mr.. Carson intcrposed
n motion that the Court proceeded to hear evidence
to sustain the charge against the prisoner, and
that he lie held to bail for his appearance at the
next Common pleas Court, to which counsel for
defendant objected. /. Both motions were argued at
considerable length by counsel, and the Court, ia
king the same under advisement, adjourned to Fri
day morning at Q o'clock. Money was deposited
as security for the appearance Of the prisoner at
NHS thO uPPOihtSuJ III hS Nuo pciniiNlcu W 20 W
large.
Friday morning prisoner appeared in person
and by his counsel. Mr.. Carson also appeared for
the State. His Honor overruled the motion made
by Mr.. Case for the discharge of the prisoner,
and sustained the motion of Mr.. Carson, deciding
that he would hear the evidence against the accus-
ed with a view to recognizing him to appear at the
next Common Pleas. To these rulings of the
Court counsel for the prisoner excepted. Mr.. Car
son then asked and obtained leave to file an Aida
Wit of John Hardendorf, dated Aug. 2, 1856, charg-
ing said Brown with being q mulaHo. and with
having come into the County and State on or about
July 20, 1855, contrary to Section LIST of the act
to enforce the 18th Article of the Constitution,
&C., and proposed to offer evidence to sustain said
charge.
To the filing of this affidavit, and to the intro
duction of the proposed evidence, the prison err, by
his attorney, objected, but his objections were
overruled. Thereupon John Hardendorff and Di
Bricker were sworn and examined on behalf of
the prisoner.
Mr.. Case then addressed the Court, assumi o,
among others, these positions:
l. That the. Court had no power to investigate
in this manner any charge save that on which
Brown was originally committed, as set forth in
the m%ittimus, and that, as had already been deci-
ded, amounted to no charge at all.
2. That the fling of an affidavit containing a new
charge, on the hearing of a habeas corpus, and the
introduction of testimony to sustain it, was a pro-
ceeding without precedent, and altogether unwar-
ranted in law.
3. But admitting the right of the State to file
the affidavit, and introduce the proof, she had en-
tirely failed to make a case. "'The statute" said
he, "designates two classes of persons and only
two who are prohibited from coming into the State,
viz: Negroes and Mulatoes, and being a highly
penal statute, every word and sentence Of it must
be strictly construed. If it contains words suscep-
tible of a limited as we'll as n more general mean
ing, the limited Interpretation in favor of the &C.
cuscd, must prevail. This rule of construction
was as old as the common lar and as we'll estab-
lished as any of its venerable safeguards" Adop-
ting this rule, only q fullbloodcd African, or his
descendants and q half blood-half white and half
black blooded-are excluded by the statute; and
when a prosecution is instituted under it, the State
must prove what she alleges, viz in this case, that
the accused is a mulato. She has utterly failed
to make such proof. Mr.. Case here cited Wooster
to show the strict meaning of the words negro and
muldtto, and read numerous decisions, MASSACRE
sets and Ohio Reports, wherein the definition of
Webster had been adopted by the courts in cases
analogous.
The argument Of Mr.. Case was full, logical
and conclusive, and worthy OF this able, earnest
and homes. lawyer, and friend Of hur' anity and
liberty.
Mr.. Carson, on behalf of the State insisted at
length that the Intention of the makers of the Con-
~stitution and the Legislature was to exclude all
persons Of moro than one-eigh;h negro blood, and
that this was evident from the statutes prohibit
ing such persons from giving testimony, and from
intermarriage with whites.
To this position of Mr.. Carson it was we'll repli-
ed by Mr.. Ninde, that from the very woros used
by the Legislature in these last named statutes it
was evidently the judgement of that body that
the words negro and mulatto would not answer
the purpose in view else why did they not use
them?
Mr.. Nine replied eloquently and conclusively to
every position assumed by Mr.. Carson, closing at
2P.M NJ.
His Honor, Judge Borden, then delivered his
opinion, holding the construction of the statute
contended for by the prisoners counsel to be cor
rect, end that the State having failed to prove
Brown to be a mulatto or negro, he must be dis
charged. Ordered accordingly.
A LIQUOR DoDGE-The New York courts have
decided that it is lawful to sell imported liquors in
the unbrOken packages in which they arrivein this
country, under this decision at is said that a
perfect torrent of bad brandy, worse gin, and SUI
perlatively worse w~hiskey, is pouring across the
Suspension Bridge into the village of Niagara
Falls. 1t comes in the original packages i. e.
pints and quarts, as originally put up on the Cana
da side"
REPUBLICAN CONVENTION IN PORTLAND ME.-A
Mass State Republican Convention was held at
Portland on the 14th inst. Senator Wade Of Ohio
and Hale of New Hampshire were among the
speakers. Resolutions were adopted declaring
slavery to be the all important issue, the Fugitive
Slave Law unconstitutional, and demanding the
restoration of freedom to Kansas and Nebraska, the
reelection of Gov. Morrill,, and the perpetuation Of
tho Maine Law, &C., &c.
From 10, 900 to 10000 persons were present
TIE CLAY COUNTY CITIZEN, is a new paper
started in Clay County Indiana by Thomas Dillon
formerly one Of the Editors Of the Salem Weekly
Democrat.
MY BONDAGE AND My FREEDOM" is the title OF
an autobiography of Frederick Douglas, advertised
by Miller, Orion and Mulligan New York.
lANTI.SLAVERY AGENTS I'm THE WEST