Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1857-07-04

Inc famous case, WhlCh has been delayed since
the 18th, to give the Attorney General opportunity
60 make his argument, was resumed yesterday
morning at 10 o'clock, in the United States Circuit
Court, Judge Leavilt presiding. The Court room
was Gro Sded, and among these present were
a number of distinguished legal gentlemen,
politicians journalists, and influential pri-
vato citizens. The Attorney General certainly
had q go3d auditory, cold, perhaps, and critical,
but appreciatiye aud discriminating.
Mr.. woLCorT's ARGUMENTS.
The Attorney.General, after some p~rcfactory
remarks, said he had undertaken the manage
ment Of the case by direction Of the Governor,
not only on account Of its Importance, but because
in his official capacity, he wished tn testify II due
respect for federal tribunals. The State Of Ohio
had always shown a high and proper respect Tor
the national government. and. would do the ut
mostto preserve herself IRON dereliction Of duty.
This disposition had been manifested Ny Sheriff
Layton Introducing in the Court the bodies oil the
REALTORS, although under no obligation to do 50.
lie invoked for tho case such consideration as
the subject demanded. lie had heard the argu.
ments and evidence on both sides had consult
ed various authorities, AID had reflected much and
long upon the case and had come to the conclu-
ion that it resolved itself into a single question Of
jurisdiction of Court.
The act of 1883 had been frequently alluded to
but it only referred to Judges of District and Su-
perior Courts, not 10 such us the one now being
tried.
The gentleman spoke, at length of the original
formation of our Union-ihat they were thirteen
independent States or nations-that they wanted a
sustaining power, and ordained n new form OF gov
crment, the national ore. yielding to it n share OF
their respective powers, some OF which were OK
pressed in terms, others were not. Those not
delegated to the General Government belong to
the States. lie would call attention to four main
points /. That the General Government was SUI
preme within the scope of its exclusive powers.
2. Both the State and General Governments had
jurisdiction as to- the powers granted to the latter,
though not exclusively. 3. The General Govern
ment has no powers by implication, save as the
mere mode OF executing those exclusively grant
cd. 4. As to all reserved powers, each State has
the same absolute, supreme, unqualified jurisdic-
ton as if it were n foreign State.
The last mentioned had direct bearing upon
police or municipal laws and he quoted the case
of Milk Us. New York as authority in the position
he assumed, that the power Of a State as respect
ed her internal police was direct, entire and ex'
elusive.
lie reviewed the evidence so far as the arrest
CT Russell Hyde and his party, and the course Of
Justice Christy in Clarke county were concerned
1t had been asserted by the opposing counsel
that the United States Marshals could not be ar
rested. that they were above the authority OF the
officers of Ohio. This was no. so-the crimina
laws Of this State could reach all offenders, ever
if presidents, or kings, or emperors, when they
offended within her limits and jurisdiction. The
United Suites government could not 60 behind thu
criminal record of IL State, and if it deemed l
could, and should attempt it, the attempt would b.
unconstitutional.
He here read from an act Of the laws of thu
United States, showing that no officer in theil
service could act as the U. 5. Marshals had acted
could shoot with intent to kill, bulwarked a.
much as thete officers might be, by the protection
Of the General Government.
A writ of haJeqS corpus to be valid, should
state the cause Of commitment of the party it was
designed to release, which the writs in the handi
Of the Marshals had not done.
The counsel Of the U. S. Marshals, according
to their reasoning, was bonnd to ASSERT that thes'
Marshals if tried by State law and sent to thu
Penitentiary, might be released on er pdrie ali
davits, even on those of the prisoners themselves
Judge Leavitt's decision in this case must be
fnality. There would be no opportunity for re
view: and under such circumstances the Attorne.
General asserted Dramatically, that no such au
thority as this could exist.
1t had been insisted upon by the opposing
counsel that the object was not to try the t.. S
Marshals for guilt, out only to consider whethe
they had acted according to the authority vesteC
in them rs United States officers. That they baC
far trnncended their duties, and even outrage
their Office, the testimony abupdantly Proved
The criminal laws Of the State had been obstruct
ed by the Marshals not taking Hyde and his com
panions through Clarke county, since they wer
tbu tAN'NHSNN ~ J ~ ''SN l'
sonal presence.
Whoever issues a writ Of haJeds corpus in Obi
does it by tho sovereignty of the State and wit
such high authority it was not the province of an
U. S. Marshal to question its validity.
The Attorney General remarked that he hu
faith in his cause-that he believed it was goo
and just. lie upheld the principles of Common
Law, the Constitution of the United States, ha
the shield Of State sovereignty and upon thes
he rested the decision Of this most important case
He felt convinced that a Federal Court coLld no
20 behind the process Of u State Court any MOI
than a State Court behind the process of a Fede
raj Court. If this could be done, it would bTin
the two governments into direc. opposition, woul,
induce both to attempt to execute their process
which would end in appeals to arms, in anarch,
ant internecine war.
This was the most important decision he had
known-what would be its character he could not
tell but UGH, very much, depeudod upon it,
Ohio awaited the decision with anxiety, but with
out alarm. She felt wistful, but determined. She
had ever been loyal to the Union, and in her loyal
ity would go to the utmost verge of duty, but not
an inch, not a hairs breadth further. She would
view with sorrow any decision that would ahen'
ate her from the General Government but she
eorld not sink her pride, nor forget her honor, be
the result what it would. She owes her first duty
10 herself, and she would not, and could not b.
made to swerve from the line her faith to herself
and her rights had drawn plainly before he
eyes.
Ohio is a great and glorious State, and sh
would not trail her banner in the dust, nor lowe
her crest for any power on earth. She was in
perial in her strength, and to her selfrespect.-
Her people were spirited and strongly jealous
their light and they who thought she understood
tho meal ing of that vile word yield" had nev'
felt the mighty breast Of Ohio throb, and guesse
not the nature Of her heroic soul.
What she should do, she would do with Joy bl
ask from her a title of what she should not pc
form. and Gibraltcr was not more firm. She relic
upon herself and the stout arms and calm though
and clear consciences Of her two millions and
half of free and independent people. She wa
as a rock in the ocean which the waters migt
kiss and the moonlight sleep upon, but which n
storm about her towering pride could crumbie
crush down. She would receive the tiny weed
duty graciously from the boistrous main, but tn
fierce thunderbolts of wrong could not make he