The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-05-05
THE oBERLIN RESCUE TRIALS.

THE OBERLIN RESCUE TRIALS.
F The trial Of the oberiih rescuers, at Clsye-
land, is producing curious results. While the
trial of Mr.. Langston, the second person ar
raigned to answer the charge of aiding the
escape of the slave John, is going on from day
to day before the United States court, there is
great variety of by-play outside the courtroom.
The two Kentucky witnesses for the prosecution
are under arrest for kidnapping, and sundry re
cent movements are detailed by the Cleveland
papers. The PlaindealeT, of the 22d April,
says:
"This forenoon, the United States Marshal
took the convict Bushnell out of the custody of
the Sheriff, and holds him in the United States
building, over which the State has surrendered
jurisdiction to the Federal Government.
Notice has been served on District Attorn ey
Belden and Marshal johnson, to appear before
the Supreme Court of the State of Ohio to-mor-
row, and show cause why a writ of hdbeds cor
puS should not issue for the release of Simeon
Bushnell and others. This is responded to by
saving that they recognise no authority in the
State officers over the officers of Federal
court.
Yesterday, the maps of the seepers were
disturbed by the appearance of Deputy Sheriff
of Lorain county, who took his seat within the
bar, and beside Jennings and Mitchell, wit
nesses from Kentucky, and informed them he
had ,cayram for them to appear before the
County Court Of Lordin county, to anS1cer a
charge Of kidnapping one John o,a Of ODER
Ian, iUith cieao Of taking him South. The
Clerk of the Federal court was required to is
sue a warrant for the arrest and detention of
said Jennings and Mitchell as witnesses, which
was duly served and returned before the hour
a
ell, for want of bail, were taken into custody by
the Marshal"
The Herald says:
" For a time there was great fear a col
lision might occur between officers. The
Deputy Sheriff of Lorain had assistants who
were men of mettle, and the presence of the
late Chief of Police and large body OF inter
ested spectators, showed that the Marshal had
provided, beforehand for any emergency. 1t
is said he had fifty men in the room, to be
used, if necessary, as special bailifs. 1t looked
ominous for time, and the Kentucky witnesses
were evidently thankful they had no bail to Of
fer, and could be committed to the keeping of
the Marshal"
The Morning Leader of Saturday has the fol.
lowing in relation to Mr.. Bushnell, the convict
ed party:
been held by him. The Sheriff very properly
retained it for his safety, it required an or
der of court TO take Bushnell from his custody
legally. THE jailroom of Bushnell was guarded
by bailfs yesterday and last night, though the
Marshal had had the test Of every possible as
surance that Mr.. Bushnell had no desire to
escape. Mrs. B. is permitted to share his i'm
prisonmsnt, which she does with true woman's
devotion to one who is prosecuted for no other
crime but okeying the Golden Rule of doing
unto others as We would that they should do
unto you. Mrs. Peck, Mrs. Fitch, and Mrs
Plumb, and other noble women of Oberlin, also
cheer the prisoners by their presence. Just at
evening, Marshal Johnson visited Bushnell, and,
trembling with excitement, protested much re-
greet that the District Attorney would not con-
sent to his return to the county Jail, a boon for
which he claimed to have labored. This was
adding unnecessary insult to injury"
In the Supreme Court of Ohio, sitting at
Columbus, on the 2lst April, Judge Spaulding,
counsel for the prisoners, made application for
a writ of hGbeGs corpus in favor of his clients.
In making his application, Mr.. Spaulding re-
marked that under this proceeding he proposed
TO dTTaign the Congressional enactment Of 1850
as an erceSS Of Legislature poIoer and an iRRora-
ton upon the sovereign preTOgdtires Of tie State,
which alone had power to regulate, by pains
and penalties, the internal police of the Com
monwealth He insisted that this tribunal was
the constitutional guardian of the personal lib
erty of every citizen of Ohio, and, as such, it
was peculiarly fit and proper that it should take
cognzance of any Infringement of this great
right, whether by the Federal court or any
other power.
The court enjoined the L. s. Marshal to ap-
pear on Saturday, April %, to show cause why
a writ of haGeaS corpus should not issue. A
copy of this injunction was served upon Dis
trict Attorney Belden, at Cleveland, on the 22d
The IhorRing Leader of the 23d saws the At
torney was not little excited on receiving the
notice, and adds:
a. He was heard to threaten that the prisoners
should not be taken to Columbus on a writ of
hGbedS corpus from the Supreme Court of Ohio
and that they could not be taken to the cars
save through the lannon's mouth The Dis
trict Attorney cooled off enough however, by
evening, to take the train to Columbus Mar
shall Johnson remained to guard and wait upon
his imprisoned witnesses, the kidnappers Jen-
nings and Mitchell, and the convicted Bush
nell"
A Cleveland correspondent of the Cincinnati
Gazette, speaking of these trials, says:
"The opinions and actions of the people, and
many of the students of 0berlin, will not be in
the least changed by the result of the trial of
their associates at Cleveland. If they are all
found guilty, and made to suffer the penalty of
the law they will believe themselves prosecuted
and made to suffer for righteousness sake and
if they are suffered to go without punishment.
they will consider 1t as another triumph of
truth over evil. But the principles of Freedom
to all, without regard to color, and equal rights,
Will be as firmly maintained and zealously de-
tended as they have ever been. And were the
same circumstances to occur again, the number
OF volunteers who would willingly offer them
selves to assist in releasing slave, and trans
crossing the same law, would be rather increas
ed than diminished. There has not been an
occurrence Tor long time in this portion ofthe
state which has had the disastrous effect upon
the National Democracy that this same Wei.
hngton Rescue Case will have"
| The PAX HAHDLE.-The Welsburo iva
Herald, abiding to the resolution, introduced
| by Mr.. Penney of this city, and which passed
both branches Of the Legislature directing tho
Attorney General to inquire into the territorial
claim of Pennsylvania to the Pan Handle Of
Virginia, says that the inquiry will result in
nothing. 1t expresses, however, its conviction
that it would be better for the people of that
section if they were brought under Pennsylva
MIA jurisdiction. The Slavery question, it says
is not worth taking into consideration, it being
merely formality now, in the Pan Handle
with which no negro complies longer than suit
his convenience but it thinks there would b,
lnsuperable difficulties in the way of any ne
cessary legislation on the part of Virginia,