The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-05-16
TEE OF.GaITN RESCUE CASE.


Gaddisgs-Conffict OF State ard Uniosss
States Courts.
Daring the hast eight months there have appeasei Rom
Sns " time numerous paragraphs he ncwslSpers Con-
ssrsng the obeflin rescuers," and ia all prosAs.y
shtre viii be siuilar number during the co'ng eish
uunths go that our readers would doaoIbss nse 70 nave
sher MINDS refreshed q the origin sni prosess Of the
cage.
ON ,he 18Th of September lsll slave banned "l.tle
Jvhs ALLEGED 70 be fugitive, was arrested a. ooer-
Nm nv United States Msrsba. Love- OF Columbus, Ohio,
on warrant ssaed by UDsed States Commissioner Omit
pdep Of the Southern district of Ohio, at the nstancc OF
Ararew D. Jennings, the deputed agent Of the alleged
esrsr john Bacon, of Kentucky On The same DAY tao
sssave rescued from the officers at Wellington few
niles rom ObeIlm by mob Of the citizens OF the latter
paee-a we'll known anti-slavery town. Subsequent 10
sse rescue giorGcshcn meeting hold AZ 0oerln,
when was resolved to resist the arrest Of any fugitive
save in future.
The Grand Jury Of the United States Court at Cleveland
indicted thirty eight alleged rlngleaders of the
mob Including Rev. Henry Peck, Professor Of obcrln
psnese; Rev James NJ Fitch formerly Missionary to ia
maica FIVE fugve slaves and thirty ether citizens
among whom were number Of students OF the college
me two clergy and eleven others indicted for
adm and abetng the rescue and the others or the act
nasf
The first one tried under this indiotment was Mr..
Bushnell who found guilty on the 10Th OF April. Al
applcaiion had been previously made to the sapreme
Usuy OF the State Ohio for writ of ha6eas corpus 10
Sske all the prisoners out Of the hauds Of the United s
urt ON the ground unconstitutonaiy Of the Flu
xnive Slave Law. This application was denied by the
ate Court on the ground that had no right to interfere
WITH The prisoner while he aply liz tho hands Of the
DATED States Court and sentenced the general
ground that the proceedings Of the United Ssaes Court
verc not yet completed. The application IVES based on
suvposed parallel case-hat Of Booth, Wisconsin, who
Who was taken the custody of the United States Of
ADers similar case after conviction and sentence, on
ne ground Of the unconstitutonaty Of the Fugitive Slave
NV The following s an extract from the opinion of the
Ohio Court in the obern case, delivered after able argu
meat by Judge spadng, behalf Of the prisoners, and
UAhed States District Attorney Belden assisted by Noah
H. swayne, on behalf Of the United States
We refer these in Wisconsin with design OF
expressing dissent the decisions under the
st and last wits Of habeas corpus bat merely 10 show
thas court hich had judicaly decided the Law 70 90
unconstitutional still held that In a like that under
consideration they had no legal right or authority to in
teTsere.
On the whole we are unanimously Of the opinion that
TIC REALTORS, upon their MISUNDERSTANDING the law
question 10 be unconstitutional and vodcouId not be
discharged by If the writ had been issued, and they
we're before for delverance 1t would be idle
and expensive ceremony TO award the writ TO bring the
parties here and for the time intercept proceedings in
Nand them into the custody Of the officer who now holds
MEM
The application for wrs Of habcas corpus in behalf Of
the REALTORS is, for the reasons stated, refused.
This view Of the renders examination Of the
shcr propositions mooted in the argument as to the con-
Btutonaty Of the act Of Congress adverted and the
pRht Of the State tribunals 70 interfere with the nal
Gon Of the District Courts behalf altogether
This decision on technical poin-hat Of the incomplete
ness Of the proceedings in the United States Courof
ssurser left untouched the questions Of the right Of the
IN xxi fha
lskatOnality Of the Fugitive Slave law. We may
on possa, that stupid Journal Of this city which
hies 70 rise from the dignity Of cur By barking the
HERALD, evinced its usual dscernment by hang the deci
in favor Of interference with the United States
the opinion Of the State Court because until sentence was
passed. the State Court could have wrong redress
late for the State Court to nterpose its arm
- prevent the punishment Of the prisoners
At the conclusion Of the trial Of Bushnell the prosec
ton proposed proceed with the trial OF balance bu,
he defence was only really in the Of Professor Peck
who objected to the struck jury which had the
case Of BUSHNELL which the prosecution claimed should
ny all the cases.
said the prisoners might go at large under the pre-
amsunt Of bail on their reoognzance but they nearly
sept the order Of the Marshal TO let 20 on their
vord. they anxious TO become martyrs, and
MARSHAL gave them thirty minutes to go home AMI mike
arrangements for their Imprisonment While in jail they
provided with comfortable quarters and from all
oouDis, had pretty good time making speeches, hearing
and receiving vsiters, being altogether about
Jolly band of prisoners the jail held, that
there difficulty in deciding which enjoyed their
confinement the most, themselves or their captofs
The trial OF IaDgsion her Of the rescues,
Henced the LIST ns the Court having allowed the
pannelipg Of new jury. He was thoroughly identGed
having been in the crowd which rescued the slave
and urged the service Of warrant the Kentucky OFF,
GERS for stealing Langston was convicted on the
l0th inst when application was made for the sentence of
Bsshpe that another effort coGld be mate obtain
writ Of habeas corpus from the State authorities,
and opinion OF the Supreme Court of Ohio the
eonstutionaty OF the Fugitive Slave law. The Court,
however refused TO sentence at th2t
llth inst Bushnel arragned and sentenced 70
sixty days Imprisonment and fine OF $500 ami COSTS.
The case assumed another phnse Tor the Kentacky
0ficers, who aiding In arrestg the fugitive slave
vere arrested on warrants ron the Sate courts on a
charge OF kidnapping They were only exeIn oted from
during the trial, upon agreement by the United
States authorities TO surrender them at the conclusion
temporary suspension CT the proceedings.
ingston sentenced on tho 18th instant to pay fine
f SC0 and of prosecuton-aking occasion ospeak
half an hour on the subject.
On the 9th instant Tour OF the rescuersWlians Cum
ming, Niles and Mandevie--gho had been at large on
their recognzances induced by the District Attorney
plead guilty he stating to the Court that they had been
Influenced by the Ooerin Z" Higher Law fanatics, aud
had acted in the from ingenious and malicious
representations They were sentenced TO pay ane OF
30 and costs and twenty four hours i'm prisonment
None Of these four Oberin men, They all from
Wellington; and it s stated that the Marshal remarked
Of the others-w ellsworth, Williams and Bcycc-also
gave ball and set at large The fifteen who remain
I'd in jail were ordered into custody on their refusal TO
be tried by the sstruck jury"
After the sentence Of Buahne Langston the United
States District Attorney moved for the potponement OF
He other cases. the ground that he had argue the
motion before the Supreme Court Of the State FOR
habeas corpus and also defend Of big witnesses
who had been arrested by the State authorities on
charges Of Kidnapping and he had been directed by the
United States TO defend them On these representations
the Court ordered the balance OF the 70 hold
until July II
The citizens Of OberNn meanwhile have become highly
indignant at the treatment which their friends
ing and at recent meeting, presided by reverend
gentleman, and attended by number Of professors aud
students Of tho College, Professor Monroe stated the points
Of their grievances as follows:--
!. We engaged IN obstinate and bitter with
the whole force OF the federal governments not OF
Cur own seeking, but nevertheless obstinate and Bit
Ter cont test unless we retreat.
This town 10 the point Of attack. We must take fhe
orunt bear the expense, suffer persons and the
persons of our friends.
70. Though new TO US, this has been brewing and
preparing in the minds Of the allies Of slavery
years Their policy has been, rst 70 render US power
5es by corrnptng the statutes Of the State and then
bring us TO ISSUE
The meeting adopted OF resolutions condemn ny
che Fugitive Slave Law as unconstitutional and
the following
Resolved, That we send word Of greeting and of
cheer to fellow citizens held by the United STATES au
fhores at Cleveland and assure them that their cause ia
hat rrhi thav nd rfi,,,,,