New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-28
THE OBERLyN RESCUE.

The Obern rescue cases grow more and more
complicated, aud are likely to lead to an encounter
between the Federal authorities and the State
Courts of Ohio similar to that which took place IN
Wisconsin in the case of Booth, who was proceeded
against in civil sut upon similar charge OF re-
sistance TO the Fugitive Slave act Advantage was
taken Of the commission of the parties charged
into close custody. after the conviction OF Bush
nell, to apply to the Supreme Court of Ohio for 3
writ Of habeas corpus. In his application TO the
Court for this writ, which was made on the 2lst,
Judge Spaulding stated that he intended to ques-
ton the consiitutionay of the Fugitive Slave act,
which he held to be an intrusion upon the rights
of the State and its sovereign prerogatiye to regI
late, by pains aud penalties, its owninternal policy
He also insisted that it the peculiar duty OF the
Supreme Court of the State to guard the liberties
Of tie citizens of Ohio from infringement whether
BY the Federal Judiciary or anybody else. The
Court, undetcrred BY the recent decision at
Washington, 10 the Wisconsin case, which, indeed,
admitted their right to issue the writ though 1t de-
MED their right to discharge under 1t anybody com
United by Federal authority, granted rule upon
the Marshal to show cause why this writ should not
issue.
Both Marshal and District-Attorney were thrown
lnio great rage by the appearance of this docu-
ment-the Marshal declaring that the prisoners
never should be taken to Columbus. They paid,
however, so much attention to the rule OF the SUI
preme Court that the District-Attorney appeared
at Columbus on Saturday to show cause why the
ID Tho noinf argIIpt
Monday ard the decision of the Court viii prob
abb, be- found under the elrgraphc head of to-days
paper.
Already. before the service Of the rule, the Mar
shall had received Geographic intimation from
Columbus that habeas corpus might issue, ana,
knowing that the Cleveland jailer would at once
obey il. he began to take measures to get the prs-
oners back into hi. ow n hands. He began with
Bushnell the one already convicted, under pre-
tense that he was wanted in the Courtroom, and,
having got possession of him under that dodge
clapped him into side-room Of that building
which is the property Of the United States and
there kept him as prisoner. He then sent to the
taller for the mttimus under which Bushnell had
been committed to his custody, but that the jaier
rsfustu 10 give uP anu sim CLAIMS Du7NH'A- W. NV
prisoner.
In thus undertaking to lock up Bushnell in q
special JAIL the Marshal has certainly got himself
into difficulty. The only place in which Sheriff
or Marshal has right to detain prisoner Is IN the
jail established by public authority. He has no
right TO lock up bis prisoners in any oul-oi-theway
place he may select. The act of 1884 puts prisoners
committed by the authority Of the United States
Courts, under the exclusive control oi the callers
of the State jails TO which they may have been
committed Bushnell was duly committed to the
Cleveland JAIL and the ailer still holds the mitti-
mus which shows it. The Marshars detention of
Bushnell elseW here is false imprisonment, and
would seem to afford ample ground for the issue OF
a habeas corpus, in bis case at least, however the
Court at Columbus may decide as to the other
prisoners.
Meanw bile. an indictment for kidnapping, found
nv the Grand Jury of Lorain County against Jen-
nings and Manning the two Kentucky witnesses,
has put them in danger of arrest. To protect
them against il, the District Judge has committed
them to the custody of the Marshal as witnesses,
and he keeps them locked up in the building in
which the United States Court 10 held, but wheth-
er in the same room with Bushnell or not, We are
unable to state 1t is suspected that be means 10
smuggle them secretly out Of the State in order to
prevent their detention under the indictment found
against them. The Marshal has sworn in q hun
dred desperadoes or deputies, il is thought with
this object. But, TO prevent this, strict watch Is
kept up about the building in which they are lodged
There are also suspicious Of an intention TO carry
81 Bushnell 10 some aecret place of confinement,
notwithstanding pledge given by the District-At
torney to the Supreme Court, that, if writ should
issue. Bushnell should be forthcoming. Some curl
Gus details Will be found in the letters ofour Ceve
land correspondent.