Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1857-07-18
Gbc Anti 5louerp Bualr.
PRO SLAVERY.
-. From the Cincinnati Enquirer.
THE STATE OF ONO as. TIE UNITED
STATES.

STATES.
httorneyG eneral Walcott made q very creditablC
cifo,t Yesterday before Judge Leavitt in the case
Of the United States Deputy Marshals, applying
for habeaS corpus against the Sheriff of Clarke
county which claims the right to hold them in Gus
tody en- warrants for assault and battery, and foi
for assault with intent to kill, issued by State
magistrate. His speech crediable in its tone
temner and ability The reply of Mr.. Nallan
dinata m had not been made when this article was
written, and we are therefore not prepared to
express an opinion of the manner in which that
very able gentleman meets ihe positions of the
Attorney General. Nor is it necessary, as we do
not intend to discuss the mere legal points involv
ed in this question Newspapers have quite diff
ferent functions and duties from lawyers. 1t is
no part of their business to argue nice points ol
law, nero technalities, and arbitrary rules and
distinctions, such us govern and narrow the views
of LAWYERS Their province is wider and boder
one. They have to consider questions in their
largest bearings as they may appear to and affect
the interests and views of the people as they
may be controlled by those IDEAS Of right and
wrong which pcrvade the mass, not only in legal
but in Legislative not only in judicial but in po-
litical aspects. They not bound by those
technicalities which render the legal profession so
little trustworthy with the people on questions of
moral or political duty. 1t is the pride and BOAST
of our vocation that the honest and manly jour
nalist NAV view all questions from the very lofti-
those influences and bases that more or less dis
tract the mind and cOnsciences of those profession
al characters who shackeled and contracted
by the arbitrary rules of their particular science
and monopoly, and who are ottener, ana with
greater power found enlisted on the side OF error
and wrong than on that of truth and justice.
In this spirit we approach the argument of the
Attorney General, and discover in it nothing but
an ingenious apology for treason and conspiracy
against the United States.
We restae the case that our readers may not
be bewildcred by the sophistres of lawyers.
Warrants are issued by the United States Com
missioner against Mcssrs. Taylor, Hyde and Gut
fridge, for harboring a certain fugitive from SER
vice. and aiding and abetting him in resisting the
process of the United States Court. These war
rants are placed in the hands Of thirteen deputy
Marshals The accused, are arrested, and, while
on their way the Court to wh1h the warrants are
returnable the Marshals set upon by two per
sons, one of whom is Sheriff of Clark County and
another his assistant, who Tit aferward appeared)
had in view the service of a witt of hdbedS corTtS
issued against the said Marshals. A conflict en-
sues the Sheriff is repeed by sorce. lie then
makes complaint for assault and battery, and the
Marshals are arrested and held on this charge
their prisoners taken from them upon pre-
tended writ of habeas corpus which is tried by the
Judge of State Court and the said persons, thus
taken from the Marshals, are released while the
Marshals are detained in prison.
The case now before Judge Leavtt is an appli
cation for writ of hdbeas corpus for the release
of said Marshals from the custody of the Sheriff
of Clark 1t is resisted by the Attorney General
and an elaborate argument is presented in support
of such opposition, which is based chiefly upon
the ground that the State of Ohio, has exclusive
jurisdiction of offenses committed on the persons
of its citizens that the offences OF assault and
battery and with intent to KILL are charged
against these parties held IN custody, the Deputy
Marshals; that such charges are only cognlzablt
and triable by the State Courts, and that to take
from their jurisdiction such case IL virtually tt
override the sovereignty and trample upon lht
Constitution of Ohio that such doctrine woulo
place the Deputy Marshals ABOVE all law ana &c
sponsibily for their acts, though they might eX
ceed their legal power and violate the gravest pro
visions OF the criminal law.
This is substantially, the position of the Attor
ney General, ana, in the condition OF our legldla
tion, it presents one of the gravest and most vita
questions that ever arose in the country Tit
Legislature of Ohio has passed law, the ot9ec
of which to give to the State Courts the rlgh
to issue hdGeaS corpus against all Marshals o.
other persons having any citizens in custody b,
virtue of any process. The sheriffs of countie
have repeatedly attempted to execute this law
and in the recent case there were no less thar
three Sherifs in pursuit of the Marshas, Th
present Governor has, doubtless, issued an orde
or ntimated his expectation that the Judges anC
Sherifs throughout the State shall give effect tt
this law, which was drafted by himself, and pass
ed by n compliant Legislature.
On the otherhand, the deputy Marshas are or
dered by the decisions of the United States court
to resists and disregard all such process. Whei
the sheriff, therefore, comes with his writ; tn
Marshal ressts, conflict ensues, and the sheril
proceeds to the nearest State magistrate, make
complaint of assault and battery, and warran
the Attorney General says, is good-he Marsha
must leave his prisoners in the road, and 60 t
Jail and wait until he is tried. Meantime hi
writs are torn up and his prisoners at large
1t was we'll said, that this was not the bold an
manly notification doctrine of South Caroline
which made direct issue with the Federal Coy
ernment on the ground that its law was illega
and unconstitutional but it is an Indirect, eva'
i've, sneaking mode Of rendering the Federal la'
null and void, by process under color of State SOY
ereignty and State law.
It's idle to talk about executing this or any otl
or Federal law, which may be distasteful to an
portion of the people, under this view of State SOY
egnty Practically, it is the most thorough an
complete notification that ever was seriously pre-
mu lgated The citizens of any interior count
may conclude that rohblng the United states ma
ought not to be punished, and writs OF hG0caS col
nus NAV be sued out, under the act OF 1896, agaln
any United States Marshal having prisoner
his custody charged with that high crime. II L
resist such writs as is certainly his duty, unue
the decisions of the United States supreme Cou
even as expounded by Judge Mclean, he ma
then be taken up for assault and battery, comm
ted to prison, and while confined his prlson
turned loose. Thus is the United States Judi
iary emasculated of all its power and utter
Frustrated before little county court, represou
ed by constable or bum -bailih
In such state Of our law the Attorney Gene
al was fully justified in asserting that unless Il
one sovereignty yielded TO the other, there wou
be conflict of force, of arms, of ipterncc
strife! Indeed, we rather admired his frank Dol
ness in declaring that the State Of Ohio would n
yield in this issue that even if the marsha
were released on the writ they would be rearre
cd, and the case pushed to the furthest extreme.
Lamentablo as such a result ought to be rcSai
ed by every patriot ana good citizen we thln
like other great pcrils, it should be looked bold
in the face and brought to u erecdy discriminate