New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-11
,He An excellent arrumeat

v~o, ,ho ,os,;,,o. 80, 49, de an excellent art,umea
on the unoonstilutionaty OF tn Fugitive Save Law
| On Wednesday, the 9th, the ar ,ngn ~ "eu'~
the slaves was continued by Nr. Jo.. oie. .,..,
On the following day the Court met - ~ 4, ou
the fuyitives did not appear. Sheriff Br N.eas, now
ever was present and stated TO the Cour. "as WI
were Bis prisoners, having been indicted be- 80 'ne
Grand jury for aiding and abe,tng the crime OF "I
ce- There had been Wrestling OF the prisOne.
nom The United States Marshal, bat lie the Marshall
had u'ac,d them in The county jan the Sheriff castle
fcr saf. keeping, and IN the warrant coming into bis
hards. the sheriff had simply kept them there, and
Turned the Marshal ard his special deputies out.
After long consultation, Il finally agreed that
if the Sheriff would bring them down ana permit them
TO be present at the remainder OF the tria tue Com
missioner would make order to interfere with his
custody of them.
in by the Deputy Marshal, Mr.. Brown. At hllfpast
II Col. Chambers delivered bis argument for the
ella mant.
After a long conference between the Commissioners
and Mr.. Bennett United States Deputy-Marshal, the
Court made an order commanding the Marshal to take
the fugtves "to the jail Of Hamilton County, and
there safely keep them until such time as shall order
them before me for final decision"
This order may appear strange when Il II understood
that they that time really in the possession OF
the Sheriff Of Hamilton County and not of the United
States Marshall but il intended, no doubt, to re-
eve the Marshall from any responsibility in the matter
Of the Sherifs getting possession Of them-to give
him the opportunity TO plead an order Of Court for
having placed them in tie County jail
Tie trial of the mother of the murdered child and
her three remaining children all claimed ny Archibald
X Gaines, will commence this morning the sthl at 10
O'Clock.
Jas. j. Farran, the Mayor of Cincinnati, issued the
following order to the Chief of Police of that city:
"MMors OFFICE, Feb. 7, 1856.
To EDWARD HoPKINs esq, Chictot Police-SiR
Understanding that efforts are being made TO have one
of the fugitive slaves now before United States Com
missioner Pendry, indicted by the Grand Jury of the
county, now in session for the murder OF her child and
Others OF them for being accessories thereto, which
successful may possibly lead to collision between
TIE Federal and State authorities | deem il proper
that Won should be advised TO the authority you are
to obey if called on-the State or the United States
in the event of Commissioner Pensry issuing certlh-
cate in favor Of the claimants Of the tugtyes and In
dicmonts being found against any Of the latter for
violation Of the criminal laws of the state.
1.-THE act of Congress of 1850, commonly called the
Fugitive Slave Law provides that the certificate Of
the Commissioner shall be conclusive OF the right OF
the person or persons in whose favor granted to
move such fugitives TO the State or Territory from
which they escaped and shall prevent all moestaton
of such persons by any process, issued by any Court
Judge or Magistrate other person whatsoeyer. The
meaning of that provision of the law undoubtedly ia,
that the certificate Of the Commissioner shall be sui
cent warrant for the removal of the fugtycs in oppo-
sition TO any process that may be issued by any
Court to try their right to freedom, or
the riobt TO such claimants TO the services
of such fugitives. II does not prevent the writ
OF habeas corpus operating the claimants and their
slaves and restraining their exit from the State Hnt tho
claimants shall show by what authority they hold the
saves nor does it prevent the seizure by the State OF
sither the claimants or the slaves by virtue of war
rant for the violation OF its criminal laws. In the
former Gaze the slaves are remanded to the custody OF
their owners on the latter exhibiting to the Court IS
suing the writ of habeas corpus the certificate OF the
Commissioner authorizing them to their slaves
TO the State whence they fed and in the latter case,
they are remanded to the custody Immediately If found
not guilty and if found guilty, then Immediately after
thew shall have paid the penalty due to their crime.
"A lust regard for the rights of the claimants under
the Constitution of the United States, and the law
made in pursuance thereof, well as regard for the
comfy that should exist among the States OF tue Union,
would suggest that the State should not interfere Its
authority between the claimants and their slaves, tor
the purpose of Furnishing a violation of its criminal
law in cases of trivial character, or where It Is not
likely petit jury would convict tho defendants on
account of the peculiar circumstances under whchthe
crime was committed. The State should only resort
to such process to vndicate it's outraged law IN very
crave cases and then in good faith and not merely
for the Interior purpose of deprying the claimants OF
the services Of their slaves.
"An indictment by a Grand Jury familiar with the
circumstances attending the ATTRACTION OF Importance
10 demand attention of the Judicial tribunals oil the
State Ifwarrants should be issued on finding OF the
Grand Jury for the arrest Of one or more OF sad ug-
tive slaves and you should be called upon to aid the
Sheriff of the county consider it to be your duty to
render him all the assistance in your power IN exc
cutting the process OF the State.
Respectfully, JAS j. FARAH' Mayor