Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-04-18
MONDAY MORNING, APRIL ~, 1859


s,es allss, t'riylag KY.
Reasons Tor Gbins q 1aiii
The question is repeatedly asked why did the
defendants in the rescue case 60 to Jail, on
Fdday why did they not accept the offer Of
the Marshal and pledge their words to him fol
their return on Monday morning.
A word ortwo in answer to these questions
y These gentlemen were seyerally at large on
their own rerognisances, which were mutually
obligatory on both parties-the United States,
aud each Of the defendants. So long as each
defendant fully performed the conditions of his
undertaking, there was no power on the part
of the Court to order him into custody--not g
shred Of power. II is true on good cause
shown, either that the party had broken the
condition of his reeognizance, or it was found
thai the amount was insufficient or the surety
irresponsible; the Court would order larger
sum, or increased sureties; but we repeat that in
the absence Of good cause shown, the Court
has no power to order recognized party before
trial. into custody
On Friday, these defendants were in Court,
and had in all possible respects fully performed
every condition oftheir several recognizances,
nor was their an indication on the part Of eith-
err that he would not continue so to do.
Their Counsel respectfully said to the Court,
that if put upon trial before the Jury who had
jast convicted Bushnell ,hey1wOuld severally
remain passive during the playing of that farce.
Thereupon, the District Attorney in petRhut
rage, moved the Court that all of the defendants
be ordered into the custody of the Marshal; as
signing no cause for it,goOd or bad;and the Court
instantly, without any showing, or pretence Of
showing, and in AagtiOus disregard of the
rights of the defendants, and in gross violation
of their several recognzances, sustained the
motion ofthe District Attorney, and ordered all
the defendants into custody. Accordingly they
were called, and herded into the South East
corner Of the Court room, and the United States
Bailiffs placed over them. 1t was then that
their Counsel asked that their violated reeogni-
zances be cancelled by order of the Court, so
that the Government might not hold their bod
les and bonds at the same time The District
Attorney then asked the CouTt, to FIX the amount
of bail for the prisoners sevcraly, and require
them to enter into recogniz ,nces with sureties;
which II orderer4 by the Court would seem to
indicate tb- At in the Judicial mind there was
some p. round for ordering them into custody
BO' his Honor, as If determined that the whole
thing should stand out an admitted outrage,
without excuse or palliation, denied this mo
tion; but did rule that the prisoners severally
should enter each into HE O1oH Personairecognis
aacs only, in precisely the same sum- and loith the
same conditions, as before. Thus Judicially
establishing beyond caviI, that no reason orex-
euse existed in fact, or law, for the extraordina-
ry course Just pursued-for it would place the
defendants in their relations to the Court in all
respects as they were before. t
This order the defendants Indignantly refused
to comply with What assurance had they, that
at any time thereafter IL they should attempt to
ecutions, in any respect not iu accordance with
the views Of the Government, their recognizan-
ces would not again be violated and themselves
thrust into Jail.
To escape from this outrage the United
States Government attempted to make scape-
goat of the Marshal; who in violation of the
order of the Court offers. to release them on
their parole
This the prisoners rejected with indignant
scorn They could not permit the authorities
to escape from the consequences Of their OPP
pressive usurpation, in this back door, indirect
way, or owe to the hypocrtiea compassion of
the Marshal, what the injustice Of the Court had
denied them
Had the Marshal really intended anything
but miserable snare, he would have said TO
-"Gentlemen, shall expect to see you
here on Monday morning, until which time
farewell" The matteras between him and them
would then stood on a manly basis; but
when be undertook to extort from them whst
they refused to the Court, he failed, and they
were enabled to retain their high position of
uncompromising endurance.