New-York daily tribune., 1856-03-12
FROM CINCINNATI.
THE SLAVE CASE-GOV. CHASE.

Corresrondenee Of The ~ Y. Tribune
CINCINNATI, March Q, 1856.
A hearing in the case Of the three children Of
Peggy was had yesterday, at Judge Blrgoync's
Courtroom. The counsel for the Marshal had
moved at previous hearing to quash the writ OF
kabeas corpus, inasmuch as the Fugitive Slave Act
provided that 10 writ should molest the claimant
after the slaves were remanded to him by the
Con missioner. On this point Judge BurgOyne
delivered the following able oplnion
MI Robinson the Marshal BY his COUNSEL moved the
Court miss the petition in the first instance, because tho
copy the not made part OF the pen ION out
% ~ w M u e ba ..,;s de nsners in the cs.s betor,
John Pendey Uni ed States COmms'oGer were made part
l % II aTaS @ their Se meop 10 dismiss the writ Of 1sbeSs
should be sustained because the papers in the before
er PendeTy 90 to show thai the defendant tse
virtue d certificate i,ued by United States Commissioner
under an act Of Co Fress known a. the Fuge slave Law he
certificate 'laR prerent oil re'taton Of such person
se4 .sS.e cs IN 1fs' se oSs ssst o. to.
defer dSIs counsel suspeuds the wt Of habens aud
they claim therefore this Court had Jurisdiction or the
IuITose u siswing or tuing wit Of haoe' eSTpu in tho
PRESENT that the custody Of the patt By the de-
because such examination would be uoIestaon' within
tie meaning o the act Of Congress The hr,t question to be
swhefher the clause referred in the closing
graph the sixth section Of the Pulye Slave Law already cited
was intended BY the Congress Of the United states to saPead
Constructed 10 do Araee hrst section nine OF the
of the eorpu. snall be suspended unless
when In Of rebellion invasion, the public ssety may
il and precisely the words migrated into
the 1872 and repea ed in he present
the stse. This provision OF the Constitution
quesIaby Gers voe much Of any act of Congress
udu,les Suspend the wr of hdbeos corpus IN times OF
public trsDqui, and the iIenon OF the Fugitive Ssve
tie certificate Of missioner beyond the reach Of this great
much Of undertakes 10 carry out that Intention 10
clearly sneonstitrona Ia this aspect OF the case matters
Little what oBsrc ion properly beoussto the language OF
certified by Commissioner be persons owing
into anotte beyond the reach OF the wit of
hateds cyss then the defendants moon be denied be-
there netting in the law 70 support T. On the other
hand the fair Of the language Of the such
the witt o hGbed' eopu' IL the OF for
which provides then 30 much OF the act 10 me teeth Of the
exTres provision OF the Constitution and utterly void
Judge Gr.r in he remark able case pare Jena, was
oppD that the Fugitive Slave law designed iu
teriee with the issuing hGbeas corpus; with
all Difference high authority such opinion
be svII otted by the plain words Of the law To shield
Teson having the custody Of another from al O'taa BY
any ,se 'sed b Court Jsd9e Nogsateo other per
s certainly IMPLIES protection against the Of all Others
CONVICTION Of this Court that Congress designed suspend the
writ Of Adbso eopss and doing clearly auscended the
limits sereed by the Constitution In the result Of the
clufion to which have do differ from the dis
til guhed Judge whose opinion we have referred but
sLoler n Of arriving the determination. Enter
ianig these views we compelled 70 deny the motion As
plaintiffs in the custody OF the Marshal under the eerli6
d tie Con missioner in accordance with the PROVISIONS OF
the operation Of this Tie Albeas hns and
cannot be sseueed III this OF in other Fortunately
uDE Goyei.u ent he power 70 el act laws preventing .i
cal inquiry into the OF individual hbery
wt ther bordeTs aid Whatever practical results oOs
nyssatiors sueh this the writ Of Abeds eopss too
ereo to be denied in any whatsoever.
We shall require the United Marshal the
writ II :eeoaaLos WITH rs commands on next FHday at 10
o'clock. - vhich tse the stands sd jourued-"
After the reading, Mr.. HeadiDgton. the counsel
for tie Marshal, said that he had not denied the
right of the Court to issue habeas corpus, but
that If from facts appearing before Judge on
:" the hearing OF the motion for the writ il became
evident that if the writ were granted the parties
"would have to be remanded TO the same custody,
1T was not usual for Courts TO grant it,"
The COurt-Certaihly yeu said, Sir that the
Court had no jursdiction. | should have required
you 10 reduce your motion to writing, for antici
psted this trouble. You have changed your posi-
ZION. 80, till next Friday, no more of that On
+ tridoy Dir. Robinson will probably be fined and
i'll prisoned for contempt of Court.
II seems 10 be generally believed here that
Judge Leavitt's decision on the babeas corpus as
10 the custody of the slaves was blunder 1t is
condemned in no mild terms by many of our best
lawyers and Judges. Sheriff Brashears did as
well as he could, was virtually the opinion OF
Judge Carter when the amended writ of the Sher-
id came before him the other day, but by the
" decision of Judge Leavitt State sovereignty can
"be trampled upon whenever the United States
Courts feel inclined"
The reporter Of Tie Gazette, Mr.. Babb an ae-