Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1856-02-21
Tha rnrikiua Case

The Cincinnati Gazette Of the 18th inst. IN I
speaking Of ths opening Of the Fugitive Slave
case says;
Court met at 10 o'clock.
On entering we we're surprioed to see large
number Of gentlemen wearing the badge OF
The Legion Of Honor (a red ribbon in the
hutton hOlel. The first thought was that they
uiyht be distinguished Frenehnau- invited |
0uests 70 the 2ad February celebration. ..-but
Ne afterwards leaned that the especial U. s.
Msrshsls appointed 10 guard the woman and
her three children, he co high an appreciation
Of the duty that they had thought proper to
compliment the Legion Of Honor BY assuming
its badge.
That's the right badge -blo1d red.
The claimant finished his evidence as to own
nsrship, and the counsel for the slaves tnen
altered FIRST, the indictment against this wo-
man for murder,
Mr.. Joiliffe wished to introduce this to prove
that he cannot have the certificate for the trans
fer To Margaret Garner that be was asking Tor.
That the indictment vas a bar 10 1t. 1t was
for the Court to decide whether the Fugitive
Slave law over rides the law Of Ohio TO such
an extent that il cannot arrest fugitive slave
even for the crime Of marder. He then read
tbe 10Th amendment for the Constitution, sta
ting that all rights not delegated 10 the Con-
slitution are reserved to the States, ETC. ETC.
This execution offs own criminal laws every
State has reserved to itself. and no act Of Con-
gress can interfere with it.
These slaves cannot, after being remand ed,
he reclaimed as fugitives from justice. A de-
maud for fugitive from Justice must be based
ON affidavit that the person so demanded NED.
She cannot fee when she goes by force-6y
order of Court and against her will. She can
not he arrested under any process after the
Oommisioner shall have granted his certificate
The writ of capias under an indictment for muir
der cannot stay the delivery, 1t the certificate
lie Granted, il wrests from tee State the light tC
punish murder. :,
Ifthis was decided to be the -laW fugitive
, could. on the trial, shoot down the Msrshas, OF
even the Commissioner, and he could not be
. nuuisbed for so doing. Paramount is this rlgh
the right of the State is superior TO all Prl'
Vate claims. s
Col. Chambers This was repetition OF th'
} old story that this woman preferred the gall o"
to delivery in Kentucky.
, The practical effect of all these sort oil mo
tions was TO abolish the Fugativs Slave Law
at once. All fugitive would have to do wOuic
be to commit some triaing offense and he Woul'
} become the prisoner of the State of Ohio.
The Court observed that it could not be re
ce;ved because i. had already motion pending
on this question.
3 The counsel for the slaves then asked tha
the mother slave might be used as witness J
!. favor of her children,
:, Col. Chamber, objected on the ground th'
being a fugitive the provisions of4he FuglhV
}, Slave Law directly forbid her being witne'
t, for herself or any body else.
After long discussion the Court stated th'
e Il had refused to sever the cases. simply on tt
ID ground of delay, but could see no objection
admitting the -woman's testimony in behalf
r. her children, and she was accordinly put on Il
g, stand and sworn.
The slave mother we're positively that sh
e, before the birth of her children, had bee
brought by her then master. Gov. Gaines
e, Oregon, into Ohio, and the testimony OF vi
IN ness was taken who heard the claimant ada
that all these slaves had been in Ohio befor
Y, The case is yet to be argued.