Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1857-06-20

brown paper; and one of the Morshals called
Downing u id son Of q Abb, and threatened
10 blow a hole through him. Downing was moi
at all harsh. 1t settling the Marshals' bills thirty
drinks of liquor were raid for.
Jas. Walhngford is a merchant in Vienna Ciark
county. The prisoners were kept guarded IN u
room. The Marshals' posse were noisy Dois,el-
GUS, and profano many OF the party unusr VIZ
influence of liquor, and half of them very uruhS;
VIM, w. Com pton deposed that when Cihureuil
and his assistants we're called Hpon 10 opey ucc
witt, tho only answer was go to u - 0 ,ainn
LAYTON ordered the Marshal to stop three nnnmees o
before he took hold of the horses rem, lne1
IIi;ot struck him on the head with n whip, ana
fred twice a. him and Churchill once; lie at
tempted to use his own pistol, but 1t wouG - -
off. The Marshals, some OF them GREY ~,
.sboo, ibe Id son of a b-h.' While inc
sheriff was struggling with tho Marshal, he also
heard some Of the posse exclalm' suoo' Il
Id son of a b-hE ..L.
Uestber A. Landig saw several persons take
boL of sheriff Layton and strike him. The Sheriff.
was bleeding when he read the writ.
r.. G.. Coffin saw Churchill come up with a stone
and n revolver, at the time Of the disturbance, ana
heard him say the writ was of no Importance.
Some Of the Morshals, when the Sheriff put his
hand in his pocket to get the writ, said, Don't let
the son of u b-h draw u pistol" DopCnentI
supposed they were trying to kill the Sheriff. He
saw Compton's revolver after the mclee,and found
all the barrels loaded.
Michael Way, the day after the fight arrested
the U. S. Marshal and posse, and met with no re-
sistance.
DR.. Houston said that Sheriff Layton was rough
lv handled and severely hurt-was much exhaust
cd after the difficulty, and had to be supported by
several men.
Dir. Henry G. Foster deposcd that he had pro-
fessionally called on Sheriff Layton, and found
his chief injury in the left breast, causing
hcmorrhage. lie may never recover, and is now
unable to attend to business, from the injuries then
received. lie should not have come down to Gin
cinnati when he did, last week it was very inn
prudent,
county, had had delivered to him eight revolvers,
two single barrcled pistols and two billios; all OF
the marshals were armed-some of them bad two
revolvers.
Testimony for the United States Marshals was
here called for, but George f. Pugh. Esq, asked
tho Court to adjourn until a consultation could be
held, wheroupon the Court rose till . O'CLOCK In
the afternoon.
The case was argued by Messrs. Pugh and
Mathews for the Marshals, and by Mr.. Mason tor
the State officers. The Court adjourned for several
DAYS when the argument is to be continued. The
following is the Gdzette'S sketch of Mr.. Mathews
argument. This Mr.. Mathews who is now plead
ing the cause Of the kidnappers was the successor
of DR.. Bailey, in the old Philanthropist when the
Doctor left Ohio for Washington.
The Court met at Q O'Clock, when Stanley
Mathews, Esq, on the part of the U. 5. Marshals
began his argument. lie said the authority vestec
in the United States Marshals represented the
nntion and they had The right to execute its man
dates with all the national power, and at all haz
ards, The force act of 1888, as had been SAID, was
passed expressly to prevent interference WITT
United States officers and he particularly calico
attention to the Tth section OF the act, touching
habeas corpus, as having a direct and importan
bearing upon the present case. That section, ant
all law upon the subject, made it clear that any
person properly engaged in executing the laws o
the United States, shonld not be meddled with
nor harmed by any representative OF any Other
authority.
A State that interferred with a United States
law was as much Q trespasser as an individual
and the people of Ohio had no more right to debal
a process of the United States in their own STATE
than upon British soil. Ohio, as arespects The
National authority, was not the soil Of Ohio, bu
of the United States.
The speaker alluded to wilkins notes upon the
Reports of the Congressional Debates, 9th volume
and to page LOLA Of Dunlap's Laws of the United
States, in confederation of his view of the case
The latter authority showed that any process by
foreign States or Government, in regard to the
United States, was null and void. lie alluded tC
the famous Mcleod case, as Mr.. Pugh had done
in which the National Government had demanded
that Mcleod be surrendered to them, notwlth
standing he had committed the crime OF murder
in New York, upon a citizen OF that State, a1c
refused to permit the State to punish him. Ih'
BRUSH GOHer0ment, III WOulu We TelleinDcieu, nc
sumed the responsibility of McLeod's act, and de
clared that they had authorized 1t. ,
Had tho State punished Mcleod, the countr,
would have been plunged into war with England
and hence it was, higher considerations prevailing
that the Federal Government claimed and had tn
right to render the State laws supservient 10 IL
own.
The United States did not and should not PEE
nit her officers to be questioned, intertered WITT
arrested and fined she was bound to see thei
r - ~ - ..Llo with hnr nfh
ity. When U. S officers, az Marshals, were stol
ped on the highway, pistol at breast, and resiste
with all threats and force, it was high time tt
law should be observed, and examples should |
made. The laws Of the nation should be enforced
or the nation must admit its impotence and resis
its functions.
Nc individual was or could be n sovereign ma
was born for society, and he could only renal
there with the consent OF, and while he conformt
TO the rules of, that society, If man set up fl
himself, protested to interpret all laws and to rel
ulate everything 10 himself, he should be treate
as an unruly child. Reason with and endeavor
persuade him, but when these failed, an applies
ton of birch should be made. Freedom did NJ
consist in the unlimited privileges OF one man,
society doing what he chooses; but IN that well re-
ulated order that secures the liberty of all,
A United States officer could employ all force
execute a process; he could command the physic
assistance of all persons when aid was required
p no was superior to State authority, officers al
writs, except in case of a prior process, when Il
first must have way.
The Sheriff Of Clark county had as much rig
to stop the United States Marshal and his assi'
ants by a cdpias ad yespOAdendan, Or an attac
nent, as by hd6eaS corpus; the ofense was not
related to the form, but was the thing itself.
any aud all such ~stoppage, the national law W
~intcrfered with and set at defiance, In case
haJeas co,pus,if the application showed the pc
ton ought not to be granted as IN the rece
case of Passmore Williamson, and in that
S%ymmes, a fugitive, all proceedings should
dropped as coram non judlce.
The speaker read from Judge Nelson's charg
in one of the legal volumes before him, to ii
effect that any United States officer debarred
serving a process, should serve it with all h
power, and hold on to prisoners and not perm
them to pass from his custody in any stage Of pr