Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1859-04-27
The Rescue Case.


The fugitive slave rescuers are sti
under trial at Cleveland, the second {
the trials being now in progress. Tn
details are very similar TO The 6rst, an
have therefore no special interest.
The development Of the spirit of III
Us. District Court, and District Attor
ney Belden, has the most attraction 70
the public. Several new phases CT thei
pro slavery afHnities have beenexhibited
During the trial now in progress, tn,
deputy Sheriff of Lorsin County arrested
the Kentucky Jennings and his helper il
the slave catching business, on a charg,
of kidnapping. and ATTEMPTED to take
them to LoraIn County for trial. The
U. S. Court however. undertook the tasl
of protecting the kidnappers from the
State authorities. aud pretended 10 hold
them as witnesses under a warrant to
compel them to testify in hat Court.
This action on the part of the Judge.
when it was notorious hat the men had
come from Kentucky voluntarily as swift
Witnesses for the government, has been
justly regarded as one of the most glar-
ing acts seen even in this series Of trials
which have already attained such 'bad
eminence." The State officers by eoun-
Gil. explained to the Court that they only
wanted to be satisfied that the Kentuc-
kians should be handed over to them
when the trials in the U. S. Court were
over, but Judge Wilson refused to prom
Use even this respect TO the Otio Tribu-
mails.
The next step which outraged public
sentiment was the ilIeged imprisonment
of Bushnell 1.-THE defendant first tr ed
in a room Of The U. S. Court building.
separating him from the others who were
in charge Of the Sheriff of Cuyahoga Co..
at the County Jail. The supposed rea
son for this extraordinary step. is the
fear that in case a writ of AaJeas corpus
were issued by the Supreme Court of the
State. the Marshal would not be able to
brave it against the state officers in a
Stots all, ras he would in a building BE-
longing to the. United States.
The mode in which this change of Gus
tody was effected would be worthy a
place in a history Of the Inquisition.-
The Leader says:
The Marshal's bailiF. S. A. Abbey,
came 10 the Jail. and speaking to the
Sheriff said that Mr.. Bushnell was wan
in Court for a few minutes. The
Sheriff informed Bushnell who prepared
10 go with the .bailiff. Just her another
bailiff. Mr.. Holden. came up to Mr.. Alb
,ey. SID after holding a consultation,
Mr. A. informed the Sheriff that Bush
lell was not wanted. Soon, however,
Abbey returned, and said Mr.. Bush
nell was wanted. Bushnell, with his
wife and the Sheriff, went TO the govern.
nert building. and just as the party on
heir way 10 the Court Room had reached
he floor on which the Marsbal's Office is
Mr.. Abbey said TO Mr. Bushnell
hat Marshal Johnson wanted TO see him
|, moment in his Office. /
Mr.. Bushnell accordingly went in and
he lock was turned upon him. Atnoon,
md iong after the Court had adjourned
re was there a prisoner. We suppose he
s there still a prisoner.
The Marshal asked the Sheriff for the
,apers or mittimus on which Bushnell
BAD been held by him, bat the Sheriff
lid not have them with him. After 60
ng to the jail the Sheriff was called up
IN by bsiiitf Abbey for the mitimus or
commitment. but the Sheriff said that the
papers were for his own safety, being the
warrant by which he held Bushnell, and
said that it required an order Of the
Court to take Bushnell from his custody
|.
1t will be seen that the mode of getting
possession of Bushnell was such as to in
luce no n 10 suppose the object was 10
his prison.
We are glad to learn hat the question
If granting a writ Of hobeas corpus is be-
ore the Supreme Court of the State, and
We are full of hope that the Judiciary OF
Ohio Win take a noble stand beside Wis
,onsin in declaring that the i4terpeation
f the U. s. Constitution given by Web
ter is the true one, and that the Fugi-
i've law is an unconstitutionality under
ghich no citizen Of Ohio shall be pun
she'd. f;
The State Journal of Friday last,
of the application for the writ, /
sys-
In the Supreme Coxrt yesterday. an
pplication was made by Judge Spal- !
ing. in behalf of the citizens of Lorain
now confined in The jail of Csya- S
oga county by order of the Z. S. Dis.
let Court Tor the Northern District of Q
'hie, for the writ of Habeas Corpus. l
In making his application Mr.. s. re- f
that under this proceeding he a
to srraign the Congressional Ii
nactment of 1850 as an excess of Leg h
lalive power and an innovation upoa the s
,pere;gn prerogatives of the State, a
'hich alone had power to regulate, by a
aims and penalties. the internal police of Ii
le commonwealth. RI
He insisted that this tribunal was the a
institutional guardian of the personal a
berry os every citizen of Ohio. and, as e
,ch. it was peculiarly fit and proper c
at il should take cognizance of any in v
Of this gre. It right. whether v
= the federal ceart or any other power. u
The Court catered ru e on the U. S. b
of the Northern District, and S
,erlf of C~uyahoga county. as well as
e U. s. District Attorney for said Il
orthern District, to show cause by ten
ca Saturday. the s3l inst. why !"
writ Of H4beas Corpus should not o
sue accordisg to the prayer Of the aP- h
licants. o
Tba prnrrees of The cases- reveals AT n