New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-03-01

1T, Y "
tuition Of the United States and Of the State Of Ohio.
Mr.. Jolffe asked the Court 10 make special or
der that the children should not BE- removed until the
final decision. This order wa made.
Judge Burgoynes decision will BE- given on Saturday
From T1< Ci.cinnoG Co~merriai. FEB ~
hearing under writ Of habeas corpus allowed BY
Judge Burgoyne alleging the illegal detention by tbe
United STATES Marshal Of the three negro children
samuel, Thomas and Sla Garner, took place yester-
day afternoon in the Probate Court
Mr.. HcacingtOn, on behalf of the United States
Marshal, preliminary to offering any return to the
writ. and III the expectation that probably no return
would be found necessary, submirted motion TO the
Court TO dismiss the writ allowed without proper
consideration, and mainly for the reason that copy
Of the cause OF commitment had not been produced
before the Judge to whom the application had been
made.
Copies Of the proceedings in the United States Com
missCner's Court then read by counsel who
urged that, although on the original application it
may not have been apparent that the allowance Of
the writ would be improper, it must now become
clear when the facts all presented that il wa
the bounden duty Of the Judge TO dismiss the writ
having no authority to interfere with the right of the
Of the slave, under the certificate he had re-
ccived, to carry his slaves back to Kentucky that
right having been found in him By the Commissioner
after full investigation.
Nh JOlie said he represented the infants at the re-
quest Of their father and mother who had solicited him
to the children if possible He admitted that the
motion the other side brought up all the material
questions in the case and proceeded then to urge that
the appointment Of j. l.. Pendcry to the office of
United States Commissioner was nullity, because
unconstitutional. The Constitution says that all ju-
dicia power shall be exercised by certain judges; but
here was an individual pretending to exercise such
power, holding his court with officers swauning about
bin like the lictOrs Of Roman tribunal; and whence
did he derive lis authority Under the statute Of
1880 which unconstitutional and void because it
proposed to confer Judicial authority on a man who
had not been appointed by the President, who did not
k,.N. Ga. .l1la L. al
the case for the defendant and ten dollars if in favor
Of the plaintiff and held his Office during the pleasure
OF Judge Mclean.
Mr Gitchell on the came side, further argued the
unconstitutlonality Of the Fugitive Slave Law; sug
gested the nbsurdity Of the proposition, that these
young children could be regarded fugtves, and OBJ
iected to the proceedings of j. l.. Peadery being
ccved in evidence, because they had no sufficient seal
Of authorization.
Mr.. Headington replied at some length. He de-
cned to discuss the Constitutonaity of the Fugitive
Slave Law a majority of the Judges Of the Supreme
Cont on circuit having decided it constitutional
and that decision be conended, concluded this Court
He closed by Temarking that State Court had
right to revise decision of the United States Court
by writ Of habeas corpus any more than United
States Court had to revise the decision of State
Court.
Judge BurgOyne intmated that, in view of the Sc
riou- and important questions involved he should
qure some time to render decision He minated
however, that majority OF the Judges of the SUI
the Fugitive Slave Law no reason why he should
not take mp the Constitution and read it for himself
being to support the Constitution of the United
States and the Constitution of the State Of Ohio.
Dir. Kctchum suggested that biz Honor was as much
bound in conscience to regard the decision Of the ma
oy Of the judges of the United States Courts the
express provisions of the Constitution itself.
Judge BurgOyne said that however the decisions OF
the JUDGES OF the United States Courts might aid him
in coming to conclusion where the obligations Of his
conscience involved, he could not screen himself
behind decision made by somebody else.
Mr. Jolffe asked the Court to make special order
that the children should not be taken out of the limits
of the jurisdiction until the final decision of the cnsc
Mr.. Headingon--If such an order is made, it will
not BE- az Il matter Of consent
The Court-Wc ought not to allow the partic. TO be
in any worse condition than if the return lad been
made and therefore shall enter up the order. We
shall probably decide the on Saturday.
JolIiffe and Gitchen for the petitioners; Kctchum
aud Hcadngton for the United States Marshall; +.
T. Chambers attending as counsel for the claimant Of
I lac