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

THE HABEAs CORPUS FOR THE FUGITIVE SLAVES.
Before Judge LEAvIrT.
A writ of habeas corpus having been issued by
Judge Leavtt at the instance OF the United states
Marshal the Sheriff aud Marshal both appeared yes
terday morning in the United States Court-rooms, with
their counsel prepared to argue the case. :.
The argument was opened by Mr.. Headinston,
counsel for the Marshal He claimed that the Sheriff.
arrest Of the fugves. when placed in the County jail
by the Marshal was ilegal-that no crime could war
rant him in making this arrest and shat the only legal
way for him to have reached them was by writ oil
habeas corpus He claimed that they were not prop
ery but persons and az such were properly "prison-
ersn and came under the resolution OF Congress
and the Act of Assembly of Ohio, which authorized
fhe United States Marshal TO the County jail for
the confinement of United States prisoners" 1t
was all well enough to say that the right of property
at an individual must give way to the night Of the
State to punish criminal but he saw no way IN which
il could be done.
Judge Hoadley, couns i for the Sheriff, replied lie
cited cases TO show that habeas corpus ad s9lc9ea
dun did not lie from one jurisdiction to anoher-for
shat of the General Government TO that of State. lie
considered international law and its application To
ereign States. He claimed the night OF state to pun
ISL slave inhabitant of another State, as clearly ~
10 punish white citizen Of another Commonwealth;
for even in the Southern States slaves were regarded
by the law as sensible human bengs-were punished
for al crimes that white men were punished for ana
in some States held even TO higher Accountability ana
punished for crimes when IN Whte heh "eie "inAoN
az or overlooked. .
He also remarked that there was no other means OF
reaching these criminss-that If they were renlsnded
back to Kentucky, no irequisition was applicable
TO them.
After citing large number Of authorities in support
of bis positsSs he closed his argument by reading an
editorial on this case from the New-IOrk JosTRGs
of Commerce, which was repubished in The Gdse'te.
Mr. Headington replied, after which Judge Leavitt
xeIded the bench to Commissioner Pendery, who then
fave hs decision on the OF Marshall and Gaines.
Il is understood that Judge Leavitt viii give bis de-
eson 90 the habeas corpus this morning at 9 O'Clock
The habeas corpus issued by Judge Burgoyne for
Sam. Tom and Sila the three children OF Margaret,
was heard Yesterday afternoon in the Probate Court
Mr.. Joiae who appeared for the children urged teSt
The appontment OF j. l.. PendeIy 10 the once OF tae
Tinted States Commissioner was unconstnut0naL
The Constitution says that all Judicial power shan 9e
exercised by certain Judges; but here was an nu1-
vidnal pretending to such power holding nus Coef1
with of6cers svaTmng about him Ike the lctors OF q
Isomsn tribunal and whence did he derive ms su-
fhority1 Under the statute OF 1850, which was ucoo
sttutcna AID void because 1t proposed to confer ud
cia authority on man who had not been appointed
by the President who did not receive salary, but
fee Of IS II be decided the case for the defendant Sh
$40 in favor of plaintiff, and held his office during
the pleasure Of Judge Mclean.
Judge Burgoype said he should require some time
70 render decision. He intimated, however, uist
majority OF the Supreme Court having pissed on The
o'sstitutosaisy Of the Fugitive Slave Law was DO