Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1856-04-26
ERInAY. Anril IL.

This morning the hearing was opened by an ar
gument from Mr.. Headington in behalf Of the
Marshal.
Mr.. II. claimed that Mr.. Robinson acted in &c.
corSance with a law of the United States, and was
consequently entitled tc protection from arrest.
Mr.. Hoadington was followed by Mr.. Cox in be-
half of the State of Ohio. lie contended that
Judge Burgoyne had a right under, or rather was
compelled by the laws of Ohio, to grant a writ of
Ifabeas Corpus to Jesse Beckley in behalf of the
children upon his application for it. Mr.. ROBIN
son was bound whether u Marshal or a common
man, to produce in Court the bodies of the persons
named; and that MS he had not done this, but had
made only an imperfect return, he had really COM
mitted greater contempt than if had paid no atten-
tian at all to it.
Mr.. Robinson hal substantially said, II have
the parties in my possession, but shall not produce
them, as l deny your jurisdiction"
If Mr.. Robinson could refuse to obey a writ of
IIabeas Corpus, so could any one else, and the
boosted safeguard of human liberty, the Habeas
Corpus act, is useless.
Various decisions were referred to, to sustain
the point that each Court had control over its own
cases of contempt, and that no other Court could
inc uire into their commitments for contempt.
Mr.. Jollife followed in behalf of the State. His
al gument was mainly directed against the Consti-
tutionality of the Slave Law Of 1850, inasmuch as
1t suspended the writ of Habens Corpus, and con-
ferred judicial power upon a class of officers not
known to the Constitution. lie commended thai
two writs were issued to Mr.. Robinson, the one
from a"private individual named Jno.L. Pondery,'
and the other from q regularly appointed Judge, o.
" a N. u - it, .ouo o,rl.oi
between those writs, Mr.. Robinson was bound t.
obey the writ of Judge Burgoyne. Mr.. j., ther
begged the attention of the Court to the argumen
against the slave law derived from the guarantee
of the first amendment to the Constitution securing
religious freedom.
ALP. NJ. the Court adjourned till 8. P. NJ
ASP. NJ. Mr.. Jolife resumed. lie claimed tina
the Marshal could nos seek protection under au
thority of Mr.. Pendery for in the amended wri
it is shown that Pendery had at the time given
certificate to the claimant, and as Mr.. Robinson
was not the claimant he had no authority from Mr.
Pendery.
This Court cannot reverse Judge Burgoyne'
Judgment. This is no writ Of error, and if thi
Court should discharge Mr.. Robinson; the juog
ment against him is still in force, and it will b
Judge Burgoyne's duty to send him back to prison
Mr.. Jolliffe closed by saying: This was a cues
tion of much magnitude, for if Ohio has no RICH
to issue o writ of IIabeAs Corpus, no other Stat
has such right, and the Marshal can srample upo
any law of the States; that the case differed fror
Rosetta case. In that case Judge Mclean dec
ded that a fugitive could not be taken from tn
hands of a Commissioner, who was trying the cas-
but it here appears that the Commissioners Coui
was %"functus oficio" at the time Mr.. Ro5inso
committed his alleged contempt.
Mr.. Headington replied; and the Court deferre
its decision. Meanwhile the Marshal is in th
custody Of the Sheriff.