Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1857-11-14
Mtstellaneous.
THE LATE SLAVE CASE IN CINCINNATI.
TIE SLAVES HANDED OVER TO THEIR
MASTER.

,ury ARE uuAnIED OFF TO %kENrrckYl

| NhiiC oNpRHihk WI q b1h w ~ f"'G'R
From St. Louis to tho residence of their master
in Virginia. The writ was granted by Judge Bur.
goyne, Of the Probate Court, and the slaves were
brought before him on Monday afternoon, but on
application Of the counsel of Mr.. Withers, the
case was continued until yesterday, and the sleeves
we're ommitt to the care Of Mr.. Darius Eggles.
ton. as guardian, and taken to his residence on
Ninth street. The proceedings Of Monday closed
with this.
Yesterday morning, however, Mr.. Withers who
owns the property" swore out a writ OF Rd6edS
corpus before Judge Carter, of the common Pleas,
alleging that his slaves were illegally restrained
Of their liberty that they owed him service In
Virginia, and as their custodian, he asked that
they be returned to his possession. In compliance
with the writ, the slaves were given into the Gus
tudy of Sheriff Glass, who conveyed them to n
room in the Court House, adjoining the Court of
Judge Carter. The hearing was appointed for
three o'clock, and at that hour, while hundreds
who were not aware of the second writ Of hdbeds
corpus, were waiting in the Probate Court and
around the Court House, oxcitedly discussing the
question. the three slaves were brought before
Judge Carter, who YropJunded the questions to
each
Are you a slave ?"
".Are you restrained Of your liberty"
Il am not"
"Do you wish to go with your master 2"
II do"
''You are at liberty to 90 where you please"
Judge Carter then directed the Sheriff to hand
over the slaves to the custody Of Mr.. Withers. and
they were Immediately rushed out Of the court.
room, put into an express wagon in waiting at
tho door, and driven at speed to the Vine street
ferry, put on board the Queen City," and in q
few minutes were landed on the Kentucky side
and taken to the Barlow House in Newport. a
small crowd was present at the ferry, who hooted
and shouted, but no attempt at a rescue was made;
and Mr.. Witbers, not q little anxious and excited
himself, rejoiced much in the repossession of his
human chattels.
The sly, underhanded way in which the rede-
livery of the slaves was made at the Court House,
probably prevented a scene of excitement that
might have resulted in disastrous consequences.
Before the people present in the Probate Court,
waiting for the appearance of the slaves, were
aware of what was in progress, by the summary
process, of Judge Carter, they were being con-
veyed to the boat to be carried back into slavery.
On the announcement Of the Tact in the Probate
Court that the slaves had been given over to the
custody of the master by Judge Carter, Mr. Jolliffe
asked that The aid of the Sheriff be invoked, or
that special constables be appointed, to bring the
negroes before the Court.
Judge Burgoyne remarked that he should i'm
mediatly issue an attachment, and directed the
Clerk to do so st once.
Mr.. Jollife then said, 81 ask the Court to issue
q writ against Alfred George Washington Carter,
commanding him to show cause why he should
not be punished for a contempt of this Court.
Judge Burgoyne-That application l should
grant with a great deal of reluctance. This clash
ing of jurisdiction is injurious in its effects.
Mr.. JolIiFe-We shall not press this for instan
action but the Court will regard the motion as
being before it, ard we expect and hope o decision
upon it.
Judge Burgoyne-I feel bound to protect and
yindicate the process of this Court, and certainly
if the proceeding had been against any other than
a brother member of the Bench, | should not hest
tate; but the party here is a Judge of the Com
mon Pleae, acts in that capacity, is under his
oath of Office, and is responsible to his %constitu-
ency for his official acts. and | should regret the
necessity of taking any steps toward him..
Mr.. j ollife-If a Judge violate the laws of
the land, he should be the first person punished
for doing so. The law of the land has been out.
ragged and the dignity of the State trampled on,
aud Judge Carter should be signally punished for
that outrage the fact that he isl Judge, so far
from shielding him, goes only to aggregate the
offence.
Mr.. Elliot said that he had stated the facts of
the proceeding in the Probate Court to Judge Car
ter, and showed him the transcript of the record,
at which, however, the Judge merely glanced,
and did not pay any attention to the statement
that those who opposed the application of Mr..
Withers, denied the allegations in his petition.
Judge Burfoyne said that he had in,imated that
the first step should be to bring the negroes before
the Court, but he had inferred from the remarks
of Judge Iallem, OF Kentuckey, who appeared
by courtesy as counsel for the master, that there
would be no difficulty in the matter, but that thu
slaves would be forthcoming SOON.
Mr.. Peat stated, in defence of Judge Hallem
that when he made that statement, he was nU
aware of what was about to transplre in anothe
Court.
Judge Bugoyne further stated that Judge Carte
had said he should take no further action in III
matter until the proceeding in the Probate Cour
was disposed of. Judge b. suggested the remova
of the case entirely before Judge Carter, but tn
lottar sani littla abopt that Init remorkn1 . 30
on and try the case"
Don Piatt remarked suggest, Sir, you brin
Judge Carter before you for a violation of the pre-
cess of your Court. lie has been guilty Of an un
lawful act, an outrage, and there is no question {
any conflict of jurisdiction. lie should, therefore
he brought up as any other citizen for ~interferin
with the process Of the Court, and / trust it will y
done.
Mr.. Peat hoped the Court would carefully cor
slider the position Of the parties before that wa
done.
Mr.. Piatt consids-ed that Judge Carriers pos
ton aggravated the case,
Judge Burgoyne said when the application wa
made in due and proper form, he should conside
it. He remarked then that he regretted they ha
not an opportunity of examining the question, neve
vet fairly met as TO whether slavery could exis
within the jurisdiction OF Ohio.
The discussion was then dropped, and the Who'll
matter left for such future action as may be deeme
proper.
This case presents another conflict of jurisdi,
ton aud judicial action in our courts, which
fast becoming a reproach. While the Probat
Court was anxiously waiting the arrival of tn
slaves. on a writ returnable at 2 o'clock, Judg
Carter sends them back to the custody of thei
master, with the simple inquiry as to whetheI
that was their desire. To have answered other
wise would have subjected them to the slave
holders displeasure, and probably to servo pun
ishment, if again put in his possession by process
Of law.
In the face Of this summary action of Judge
Carter. also, we are assured that that gentleman
previous to opening his court, liz the afternoon had
a conversation with Judge Burgoyne, in which he
~professed a willingness to leave the final disposi
ton of the matter TO the Probate Court, and
assured Judge Burgoyne, in SO many words that he
could take no further action IN the premises. Hal
an hour later, he ordered the Sheriff TO deliver thu
aIa.aa ;nIa Lha auatadu Of aha nantlaman claininn