Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-05-07

arguments the Court adjourned till 9 o'clock thi
morning when Mr.. Swayno will speak.
Mr.. Belden understood that there was no ques
ton before the Court but the simple one Of tn
consitutionality of the Fugitive Slave Law of 1850
If that law constitutional the prisoners wer
properly in custody.
Mr.. Spalding said be rested the case on tha
point but had designed to call tho attention of tb
Court to the fact that the ordinance of 1887 mad
a discrimination respecting fugitycs from service
in one of the original thirteen States.
Mr.. Belden said that the ordinance of 1887 wa
superseded Ly the Constitution Of the United
States, and had no vitality but such as was gver
it by Acts Of Congress. lie would not stop to ar
que that point He would confne himself to thu
queston-Will the Supreme Court of Ohio allow
a writ of htbeas corpus in favor of individual,
held under n law of the United States lie would
present authorities and argue that State Court,
cannot interfere with Federal officers, who holt
persons in custody under the fugitive slave law.
Against the position OF the counsel for the
prisoners, were authorities of State and National
Courts, of Legislatures and of Executives. lie
had but one decision in his favor and that was by
divided Court. History was against the argu.
ment of the opposing counsel as well as the au
thority Of Courts. The Constitution of the Unit.
ed States was obligatory alike in all the States,
and until modern agitatons prevailed, the exclu,
sive right of United States Courts in cases under
examination, was not questioned. Mr.. Belden dep.
recatcd earnestly condition Of things in which
State Courts would conflict with each other and
al al, IT...o
federal constitution.
lie held that Congress had no power over sla,
very and no power to enlarge or limit freedom
that the Scripture doctrine "do unto others as YOU
would be done by" did not forbid slavery that
the demand Of the opponents Of the fugitive slave
law for trial by jury was preposterous, and that
when men turned up their noses and declared the
law obnoxious, he had only to say it was the law
1t is in the Constitution let :be laws be main.
tanned ,--State Journal lGM.
The argument: before the Supreme Court was
concluded yesterday at Loon, and the Court ad.
iourned to Thursday morning. Noah H. Swayne,
Esq, on the part of the U, S. Marshal occupied
the forenoon with on able, lawyer like argument,
citing the cases in which the fugitive slave law
had been held to be constitutional by both federal
and State Courts, and arguing that with 80 many
decisions in its favor, and but one, the recent de.
cison of Wisconsin, against its consitutionality,
the question ought to be regarded as settled.
lie argued also the question of fconsttutionality,
de noro, without regard to adjudcations. and held
that the constitutional provision, that fugitives
should be given up, granted to Congress all the
powers requisite to carry out the provision.
While he claimed that the law was constitutional
he did not assume to defend the policy Of enactng
30 stringent law, nor deny that great wrongs
might grow out of /; !; wrongs which would be in.
sufferable. Such was not yet the case, and there.
fore there was no such case for this Court to con-
slider. When that emergency arrived, the emer
gency itself, as was always the case, would beget
the proper remedy the right of revolution was
the only resort Of the people when their wrongs
from this law become ;ntolerable
Judge Spalding for the applicants occupied but
about fifteen minutes in forcble and eloquent
rejoinder. lie referred to the Importance of the
case now before the court, involving the liberties
Of thrtyseven citizens OF Ohio, while all the cases
cited by the counsel opposite, were raised by the
capture of some fugitive slave who was already
far on his return south when the question of con-
Of the law was adudicated, and urg'
ed the Court 20 give it that consideration that its
demanded.
lie argued with great force, that if wrongs
might grow out of the execution Of the law that
would justify the resort to the remedy of revou-
tion, it was of the most momentous Importance
that the resources of the Court should be carefully
investigated, and all legal remedies exhausted be.
fore abandoning the CAGE to SO terrible remedy
Us revelation.
He referred to the standing of the citizens now
in the Jail Of Cuyahoga county, inclu.
ding oil classes, cergymen, professors of colleges
doctors, lawyers. merchants and others represent.
ing the best people Of the State that this was no
case lightly to be disposed of by our prejudice or
indifference toward an inferior race, but one in,
volving the liberty of large number of the first
citizens Of Ohio; and alluded to the announcement
in the newspapers that the United States war stea'
mer Michigan had beer ordered by the President
to the port of Cleveland to overawe the citizens
with her guns. and provide prison ship for these
captves beyond the reach of process from the
State Courts STATE Journal, 27h.