Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1857-11-14

slaves before himslf, by habeas corpus, while they
were virtually in the custody Of another Court OF
jurisdiction, becomes One Ut serious i'm
port, and we cannot but regard his position In the
matter as one decidedly unenyiable.
On the other hand. we have the remarkable
proceeding of yesterday, which .is a subject OF
much excitement. Tho position OF Judge Carter in
the Wither's slave case, is On unenviable one. The
question with which he has interiered is one OF the
gravest political ones that occupy public attention
at present the right OF a master to bring mis-
slaves into q free State, and then iOrcibly take
them away. While Judge Blu 'goyne has a case
before him, involving this point, and the question
whether slaves tn board a steamer landing at our
levee arc thus liberated by touching free-soil,
Judge Carter issues a counter writ, takes action in
direct contradiction Of what counsel in the case
understood him distinctly to say he would do, and
by this surprise allows Withers to hurry oft his
e property" to the Kentucky side, before this con
TEN ptuous' movement can be circumvented.-
Whatever the rights of the case, this was a palpa-
BILE wrong.
A statute of this State, passed April II, 1857,
expressly declares that persons brought to this
State, by any other person, with intent to hold or
control them as slaves, 'sball be deemed and held
in all Courts as absolutely free J" aud also subjects
such person to Imprisonment and fine. Whether
Judge Carter violated his word Of honor in this
matter or not, be certainly violated this statute in
helping to smuggle off these persons in the way
he did. The cJlored parties were not f%ugitives
from service, nor were they claimed as SUCH
They were free by our law. They were not charg.
ed with crime, and had they been, they could no.
have been transferred to the Kentucky side with
out a requisition. They were placed in the GUS
tody OF MIR. Egg|eston in strict accordance with
the statute Laws Of 1856. p. Co. under the order
of Judge Burgoyne. The continuance, and all
the proceedings in this Court, appear to have been
strictly legal unoer the statutes of Ohio. If tits
alleged that the statutes TO which we have referred
are unconstitutional that is a point to be judi
ally determined. Judge Carter's hd! as corpus s,
by means Of which any decision in tia premises
was prevented, was an unwarrantable and d clear.
ly illegal interference.
As to the expediency or usefulness OF attempt
ing to liberato the slaves of Mr.. Thornton With
ers, against their will, we have not much to say
in this connection. We know there are conscien-
tious persons who feel bound to resist any attempt
on the part of shareholders to bring their slaves
here and bold them and while such is the fact,
we think prudent Shareholders. understanding our
laws on this subject, will wisely keep their prop
erty" at n safe distance.
When Judge Burgoyne look his seat in the Pro-
bate Court yesterday, the Counsel who represented
the party at whose instance the slaves we're
brought from the Melnotte steamer to the Court,
intimated that it was desired to make an applica-
ton to the Court, growing out of the action Of
Judge Carter on the previous day.
Mr.. Joliffe said he felt it proper that he should
appear in the matter, because he drew, the origi-
nal petition, and not to come forward now would
seem a dereliction Of his duty. The inquiry at
present was, whether this Court would issue a
writ Of attachment against Alfred G. w. Carter.
This Court had jurisdiction Of the case-had or.
dered it's writ-its process had been served, the
parties brought up, and more than all, the defend
ant appeared by his attornies, and they asked a
continuance of the case, that they might prepare
their return-a fact which itself was an acknowl-l
edgment of the jurisdiction of the Court. His
Hrt pronnsttion chan NO fhnt in a noSa &c Iubo1oI
corpus no other Court could have jurisdiction OF
the case during the time his honor, Judge Bur-
goyne, was exercising jurisdiction over it. In q
case of this description, where the jurisdiction
was submitted to, and was complete, as q matter
of necessity, the court that issued the writ retain
ed the Jurisdiction until the case was decided.
There was no such thing as jurisdiction over the
same persons a. the same instant, by two different
Courts. IF the Probate Court had jurisdiction,
Judge Carter had none. But because he happen
ed to be q Judge, Mr.. Carter takes three negroes
from the custody of the Probate Court, and de,
feats the action of that Court. He (Mr. Jolife)
did not now speak Of that class of cases where it
was claimed the officer who served tho writ, or the
Judge who issued it. acted without authority, but
Of one in which the service and whole jurisdic-
ton was acknowledged to be right and in such a
case no other Court, under any p%retence, could
GUST the jurisdiction thus acquired. The state
ments in the petition, on which was based the
writ served on Mr.. Eggleston, were all lies-the
man who swore to that petition deliberately per-
ljured himself. Judge Carter had only to read it
and know it was untrue, lie knew these parties
were not slaves because the law of Ohio says,
Any imam coming here other than an escaping
slave shall be held to be Free" Yet he issues the
writ knowing, at least, that a part of the state
ments were untrue. He had these negroes locked
up, and their master" locked up with them, to
influence their minds, and then they are brought
into Court, and upon the single answer that they
wished to gowitht their master, 1.-THE master is direct
ed to take them. All this was done speedily ,hasti-
ly, showing an intention on the part Of Judge Car
ter, in concert with the attorneys representing Mr..
Withers, and in concert with Mr.. Withers himself,
to take these persons away before the officers OF
the Probate Court could hinder them from doing
so-and so adriotly was this done, as to show a de.
sign on the part o; Judge Carter to dodge the ju'
r~isdiction of this Court, for fear it would protect
these negroes in their rights.
Further for the purpose of allaing s~uspicios
Judge G.. told his honor Judge Burgoyne) that hr
did not intend to exercise further jurisdiction in
the case. until the jurisdiction in the Probate
i Court should be exhausted-telling n wiliul anC
/, deliberate lie TO deceive, and throw off their guarc
!, both the Judge of the Court and the counsel whit
represented the colored people. When such kna
very as this was openly practiced by a Judge o
: this county, defeating the jurisdiction of another
Judge, ought the outrage to pass unpublished? A
= Court sworn to administer justice without respec
to persons, should fearlessly do so. no matte
: whether the man who in%terfered with its %autborit,
; be a beggar or a king and Judge Carter shoul(
Z be punished, and the mere fact that he is q Judg,
is but an augmentation Of his offence.
Dom Piatt said Judge Carter had informed hin
: that he had issued the writ without a knowledg
of all the facts, and that he should take no acton
in the matter until Judge Burgoyne got through
That was about ten inmates before he returned
those children to slavery. The case assumed
r different aspect now from what it did when h
lMr. Patti was emnlOVe0. IL was no LONGER
r question now as to the right of these three coloreC
t persons to their liberty-but one as to wheths
they really had Courts in Hamilton county, and
O law that was to be respected-a question tina
4 comes home to every man in Ohio because i
these outrages can Se perpetrated under color o
!. law our Courts become n ~mockery. lie trusted tn,
q matter would be brought to a hearing. AS a mat
3 ter of right towards Judge Carter himself, it wa
: proper it should be Investigated, for it may be b,
had some excuse which they could net now dis