Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1856-03-08
Wr Anti- 5laucrp Buolr.
THE HABEAs CORPUS BILL IN THE OHIO
LEGISLATURE.

Governor Chase in his Message neither suggested
Or recommended any action to the Legislature rel
ative to protection of personal liberty in Ohio
Why this neglect cannot say. Certainly it
was not because there no need of such inter-
position, as witness the Cincinnati slave cases.
Nor is the Legislature volunteering anything in
accordance with the demands of the case As a
very insignificant contribution in that direction,
Mr.. Monroe of Lorraine county, is striving to
engineer through the Republican Legislature, a
bill to give more efficiency to the writ of llabeas
Corpus. We sutjoin something of the debate on
the bill.
House Bill No 7l-Mr. Monroe, Further to
amend the act entitled act securing the benefits
Of the writ Of habeas corpus, was taken up
Mr.. Monroe argued the subject at length, and
only brief synopsis of his speech be given
in this place, There was an important defect in
our present habeas corpus act, which the bill be-
fore the House was intended to remedy by the
present act, ii a person is unawfully restrained
Of his liberty by an officer of the IT, 5. or Of the
State OF Ohio, writ OF habeas corpus for his re-
lief must be addressed to said uiicer. This was
all very well, if the officer disposed to obey
the writ. But there were many circumstances i'll
which the motives to disObedience would be so
strong that the slight penalty provided by our law
would prove wholly insufficient as SAT, guard Of
for contempt, aud fined two hundred dollars, when
perhaps interested parties would give him thou
sand dollars for his crime against humanity. This
did not set at liberty the party under restraint
- In all such cases our present act was of no value
The new bill met this difficulty by empowering
the Court or Judge allowing the writ, when it was
made to appear that any officer would not obey It..
to direct the writ to some other officer who would
obey it, and who, with the power of the country"
would rescue the party unawful!y restrained.-
Here its gist The other sections, though val
liable, of less importance This bill, though
necessary under any circumstances,w was introduced
with reference to the legislation Of the National
Government on the subject Of Slavery-especially
the Fugitive Slave Law.
1t very far however, from completely ex-
pressing his views. lie was himself decided
State rights man, and would be glad to see the Flu.
Ritive Law which was simple act OF usurpati II
ON the part Of Congress, ignored by our Courts and
our Legislature. AS a law, he did not respect it
any more than so much waste paper. But he was
also a practical man. If he could not get what he
wanted he would be glad to get what he could
He had introduced the bill in its present form with
the hope that it would be passed. In doing so, he
had made very large corcesslon to the wishes OF
others. and he hoped that the same spir. of con-
cilatun would prevail in all parts OF the House.
He trusted this bill would be voted for by men Of
all parties. lie had excluded from it such ea
lures as would condemn it in the view of more
conservative antSaveyy men. IL was easy to see
liberty under color of the Fugitive Law. To ali
such this bill would undoubtedly apply lie
illustrated by'reerence TO the recent case in Gin
cinnati, and other cases. llo proceeded to show
that this bill would not involve in more often
sive collision with U. 5. officers than the present
act, while it would De much more efficient Tor the
protection of liberty.
Mr. Hutcheson, Of Madison, proposed an amend
ment to the iIst section Of the BILL
Mr.. Monroe had no objection to having the
nHntup nd byM Infr Int .hrn
the committee, but hoped it would not Le voted
upon till time had been given for its considera-
tiun.
Mr.. Bakeslce hoped the amendment would not
be adopted. 1t seemed that no question, however
remote could como before the House but some gen
tlemen could smell abotionism in it, and becum
ing alarmed lest some pour,oppressed being should
60 free, must take the opportunity to express n
horror OF slavery agitation, and SO forth. 1t has
been discovered that there is defect in the old
law, by which, if the officer to whom writ of
Habeas Corpus is addressed refuses To execute it,
there is no remedy. The bill Of the gentleman
from Loran MR. Monroe is to authorize the Off
Ger who issues the writ to direct it to such person
as he may think will eiiectuate and carry out its
intention. How this would lead to collision be-
tween the State and United States Courts he
could not see lie would like to see this bill. vo-
ted upOn-let it be either defeated or pussed,-and
then let the other question come up before the
House fairly, as separate matter. There were
mind and upon which he would like to have light
lie could not understand how the same sentence
in the Constitution of the United States could
guaranty life liberty and the pursuit OF happiness
to tue white, while it takes away all these from
the black man; he would like to know how it is
that tile same constitution guarantees TO every
State a free, republican government, and at the
same time establish slavery; and there other
questions of like character which troubled him
exceedingly. For himself he believed slavery to
be unconstitutional. lie was opposed to interfer-
ing with it in the States where esablished-it waS
unnecessary. lie spoke Mt some length in reply to
Mr.. Sawyer.
But he had been accused of bringing on the dis
cussion of all the outside matters which had been
considered here this afternoon. lie denied the
kmpatati0n. aud disclamed having said anything
not strictly within the record, until he was called
on or t, 40 SO by question OF the gentleman irHm
Hamilton Mr.. Egley); and he submitted to tie
House that if his answer vas beyond the record,
il because the question made it necessary To
go there. These questions had been dragged IN
by gentlemen to fnment divisions in the Repub-
can party. They hoped TO get him and his friend
Dr. Flowers by the ears, something of that sort
He could tell them they would fail in their object
He replied at some length to the objection
against the bill that it would induce conflict be-
tween Jurisdictions of courts, and quoted from an
opinion delivered by Judge NJ Lean, explanatory
OF the writ OF habeas corpus. to show that n con-
Met OF Jurisdiction exist where it is issued
1t IS supreme alike over the lowest and highest
courts.
Mr.. Monroe had no objection to the amendmen.
OF Mr.. Green, and as it seemed to be the opinion
OF some gentlemen that the bill kad been long
enough before the committee he hoped it would
be acted upon immediately, and the bill be report
ed back the House. after which he was desi irous
IL should be sent to the Judiciary committee.
DISUNI0NISTs THREATENED WITH THE