Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-04-23
m, neseu. Cnse---Hnbens Corpus.


To the Supreme Court yesterday, an applica-
ton was made by Judge sPalding, in behalf Of
this citizens Of Lorain county now confined in
the Jail Of Cuyahoga county by order Of the .. 4.
y. District Court for the Northern District Of
Ohio, for the writ Of Habeas Corpus.
In making his application Mr. 8. remarked
that under this proceeding he proposed TO ar
raipn the Congressional enactment of 1850 as
an excess Of Legislative power and an innova-
ton upon the sovereign prerogativts of the
State, which alone had power to regulate, by
pains and penalties, the internal police Of the
commonwealth.
He insisted that this tribunal was the consti.
tutonal guardian Of the personal liberty Of every
citizen Of Ohio, and, as such, it was peculiarly
fit and proper that It should take cognizance Of
any infringement Of this great right, whether
by the federal court or any other power.
The Court entered rule on the United States
Marshal Of the Northern District, and Sheriff Of
Cuyahoga County, rs well as the United States
District Attorney for said Northern District, to
show cause by ten o'clock on Saturday, the 23d
inst why the writ Of Habeas Corpus should not
issue according to the prayer of the applicants.
Slate Journal, 22d.
The following is a copy of the notice served
on the Marshal, District Attorney, and Sheriff.
A similar notice was also served on them in
the case of Bushnell
SUPREME CouRT OF ONO,
December Term, A. D., 1853.
To wit April 81 A. d, 1859.
On motion Of Charles Langston, John Wat
son, Lorin Wadsw0rth, Robert WinsOr, James
r. Sheppard, John II. Scutt, Ansel w. Lyman,
William E. Lincoln, Henry L. Evans, Wilson
Evans, David Watson Eli Boyce, James Bart
lett Mathew Gilett, Oliver F. b. Wall, Dam
iel Williams, Henry E. Peck, Ralph E. Plumb,
and James M Fitch, citizens of the county Of
Lorain, in the State of Ohio, by Mr. Spaulding
their Attorney, and it being made to appear
that they are restrained of their liberty in the
Jail Of the County Of Cuyahoga by Mathew
johnson, Marshal of the United States for the
Northern District of Ohio, and David L. Wight
man, Sheriff of said County Of Cuyahoga, H is
considered by the Court that notice of the pen-
dency of this application be served on the said
Matthew johnson and David L. Wightman and
also upon George w. Belden, q s. District
Attorney for said Northern District of Ohio,
aud they and each of them appear before this
Court on Saturday the twensy-third day of
April, A. D., 1859 at ten o'clock A M, of said
day aud show cause, if any they have, why a
writ of Habeas Corpus in this behalf. should
not issue in accordance with the prayer of the
applicants. Ordered that copy of this jour
nal entry, properly certified by the clerk, be
served on the parties as the notice of the pen
dency of the above application for Habeas
Corpus.
The STATE OF Quo, IS.
l, James II. Smith, Clerk of the Supreme
Court of Ohio, do hereby certify that the fore
going entry is truly taken and copied from the
Journals Of said Court.
In testimony whereof hereunto subscribe my
name and affix the seal of said
IL. S ! Court at Columbus, this 2lst day Of
April, A d. 1859.
JAMES II. SMITH, Clerk 8. Q.
BY II. s. MILLER, Dep
District Attorney Belden was not a little ex'
cited by the above notice. He was heard to
threaten that the prisoners should not be taken
to Columbus on a writ of Habeas Corpus from
the Supreme Court of Ohio, and that they could
not be taken to the cars save through the can
mons mouth The bravado U. s. Officials evil
IDENTIFY contemplate making the streets of ouf
U. s. District Attorney cooled off enough how
ever by evening to take the train to Columbus.
Marshal johnson remained to guard aud wait
upon his imprisoned witnesses, the kidnappers
Jennings and Mitchell and the convicted Bush.
nell, who was yesterday disgracefully decoyed
from the county Jail to the Marshal's prison, a.
ia-iugtivo John by the young villain BOyntOn.