The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1859-05-28

otherwise il would have been rebuked
by . change Of the terms Of bail or short
that il was wsrranted by no wrong doing
coming on the part Of the persons CON-
mitted; and that it was regarded By the
Court itself =, being legally unjust.
Confident that the commitment had pro-
ceeded from personal malice and a deter
mination to humble them on the part Of
theDis.ric.Altorney and at least willing.
ness to have them driven to the wall on !
the par, of the court, and feeling thatthey
would enter most emphatic protest against
the insult and legal injustice, which they
had suffered by remaining in custody OF
the Marhsl until the Court should amend
the wrong or the law should relieve them,
and that while the question a. to the
jury wssyet open, it would be polite to let
the responsibility of the commitment rest
with the Court, the defendants for the
time refused the offers both Of the Court
and Marshal. They we're further prompt.
ed to this course by the consideration
tina. it would permit them to share Bush
nelrs fortunes as long as possible. They
did, however, say to the Marshal, that
"thcy were under his orders, and should
do, to the letter, what he directed He
replied by sending them to Jail.
1t was, therefore, because the Court
without being justified by wrong-doing
of any kind on their part, had ordered
them into custody aud thus grossly insult
ed and wronged them, and because they
were unwilling to be made the scape
goats Of the judicial outrage Gas they
would have been had they, by making con
cession, OF accepting favors, relieved the
Court of the burden of the indignity
which it had forced upohT them that the
the afternoon of Friday, April 18th.
But it was expected by the imprisoned
company that when Court was called
on Monday morning it would by re-
calling its order respecting the Jury, if
not otherwise, open the way for their
restoration to liberty upon the same foot
ing which they had occupied before their
commitment. They were not disapPoint-
ed in their expectations that the Court
would reccdc from it's (it seemed to them
exceedingly unjust ruling AS to the Jury
But they were Disappointed in finding
that their way to an honorable release
was hcdged by all entry on the journal
of the court which averred that the de-
PENDANTS we're ordered into custody be-
cause they had surrendered themselves in
discharge Of thei: recoSnizances. They
At once saw that this entry either grew
out Of "a misrepresentation Of facts, or re-
suited from determi nation to compel
them to remain in custody, or to regain
liberty at the expense of plain acknowl-
edgment that they had been guilty OF
folly and indiscre,iou which we'll deserves
punishment. Hoping that the frs: was
the correct view, they made, through
counsel 4 statement Of the facts, and
asked if the journal could not be 80 cor
rctcd Us to correspond with the truth,
it should be either vacated or made 10
to present, in a new entry, the fact that
they differed with tie Court in their un-
Outstanding of the matter. The Cour,
kept the requcs. under advsement
+ through the day, and then announced that
il had determined to let the record stand
. as il was This announcement compelled
the imprisoned to believe that their hu
initiation was determined by the Court
, Under such circumstances self-respect
forbade their entering into new bonds
, knowing that tie matter .hcy had in
, hand was All important one, and thai
their remaining in custody or giving new
recogsizances involved great issues Il
, themselves aud others, the imprisoned
took time to consider both their position
and their duty. While they were pur
, suing their inquiries, they entertained
, the hope tina, the Supreme Court woulc
release them from the duress by grantin.
. them Hsbeas Corpus. Their hope i,
this direction Va, presently blighted b,
o the refusal Of the Court to grant the wri,
> and then they found the way to honorabl
, escape from custody more effectnali
\ closed than it had ever before been. |
. they had inferred into rre0gniZances o
y given bail upon the heels OF their defea
at Columbus, they would have eneour
r aged the prosecution in the belief tia
q they were effsctuslly humbled, and tina
F, they had forsaken their cause a. beln
O lost. That they were justified in belies
q ing that their entering into recocnia
- anccs or giving bail at this time woul
o have been regarded in this light, is prove
:, b. the dispatch which Marshal Johnso
q sent to the President Of the United State
i on the afternoon Of the 10Th, the sal
= stance of which was stated in the Vas!
ing.on Constitution os follows
10 THE Presid mt la-t evening receive
a a Geographic dispatch, dated at Cley,
# land, from the Marshal Of the Norther
, District of Ohio, stating that the suprcn'
! Court of that State had unanimous y r,
40 fused the writ Of haLeas corpus 10 Il
= case Of the persons in his custody, und
=, the fugitive slave law, and that three
:, the most respectable of them hal give
!. bail for their appearance to stand the
trial before the District Court Of the In
a ted States. Everything was quiet"
If The obvious implication of this di
n patch was two-fold first, that Northel
o. repug nance to the fugitive slave act h.
C. received decided blow from the dcci
c ion Of the Supreme Cont, and second
re that the hearts OF those who had ente
,e tanned the repugnace and bad actively 8
or pressed it, were fam ing unde. the bio,
eel The imprisoned felt that they could no
en- in honor or in duty, justify the sccol
II intimation of this singular dispatch, al
q that if they were ever to yield it mu
is. be when the cause they loved was n
H. going backward, and when their yiel
ing would not accelerate its decline
r. they waited for better day, all the tin
- - longing to BE- at hon and about the but
:, :, mes. which sore'y needed their presene