Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-04-28
MORNING LEADER.
Tho Application for Habeas. Corpus In IN,
.a Rescue gdees.. h. Ha aa

The gentlemen now in prison in Cleveland for
an alleged rescue Of fugitive slave at Oberlin,
wae argued yestdfday. Rufus ~ Spalaing 6p-
peared for the prisoners, and the u 3. District
Attorney, Mr. Belden, of Canton, assisted by
Noah II Swayne, of this city, Cor the United
States Government
Mr.. Spalding opened the case, and consumed
the whole Of the forenoon and a large part Of
the afternoon session fthe Court in matured
argument
He cOntended that Congress had no power TO
enact either the fugitive slave law Of 1893 OF Of
1885, but that lift was conceded or decided that
the Federal Constitution gave Congress power
to enact law for the reclamation of fugitives
from justice, then il transcended its power in
the enactment of 1850.
Mr. Spalding traced the history Of the forma
ton Of the Constitution, and claimed that the
clause respecting ,persons owing service" was
understood then, and ought by any fair con.
struction TO be understood now not as confer
ring on Congress power to enact fugitive slave
laws, but simply as a compact between the
states that they would not exercise their sOver
eign power to prevent the reclamation Of fuRi.
tives from service.
He claimed, in view of all tho responsibilities
in the case, Congress had no more power to on
act law for the arrest and return Of fugitive
slaves than for the arrest and return Of a runa.
way horse Roger Sherman, of Rhode leland,
asserted that doctrine in the convention which
formed the Federal Constitution, and the clause
which, it was claimed, authorized the law of
1850 would never have been adopted in that
convention, if it had not been the general belief,
South as well as North, that slavery was
temporary evil The people would not have rat
i6ed the Constitution containing that clause il
leading men had not insistedupon itthatn0 diffl
Guilty could grow out ofthe clause in question,
because slavery was necessarilyR temporary in-
stitutiOn. So strong was the sentiment in tho
Constitutional Convention, that the phrase ''e.
gal service" was rejected, and in its place tho
words "servico under the laws thereof" insert
cd.
Tho argument, against the position be urged,
was that it was expedent Congress should leg
islate to reclaim iugiives from Service therefore
it must have tho power-necossary that Con-
gress should legisate because citizens of the
free States abhor slavery and arc unwilling to
return fugtiyes to their chains.
There was no difficulty in reasoning upon al
most any other subject than this one of negro
slavery 1t would seem that men were blind
on this internal subject, but to him, it was clear
that only fair knowledge of tho English Lam
guage and ordinary common sense was required
to understand thatunder the Consultation oftho
United States, Congress could exercise no pow
or imposing pains and penalties on citizens Of
the States for doing what was neither in viola
tion of the laws OF those States, nor Of the laws
of God. Whatever power there was belonged
TO the States They had never delegated any
part Of it to Congress.
He asked that the Supreme Court Of Ohio
should critically examine all the questions in
yolved in the application now made to it. Let
the whole responsibility be met. He planted
l. - 4 Al. Al.
Constitution Of the United States, and of the
State of Ohio, and there bid defiance to any
constructionists. If citizens were TO be confn.
ed for acts of benevolence, let it be done in a
| constitutional manner. twas important to the
people Of Ohio that they should know what
1 rule OF action was imperative upon them Wis.
consin had boldly taken its position. Tho u.
| =. Supreme Court had reversed the decision OF
the Wisconsin Supreme Court, but the Wiscon.
sin Legeature had instructed the Court TO MAIN
tain its position. Ho had no doubt of the fna
result, There was a growing sentiment that
State rights must he maintained.
Mr.. Spalding read numerous speeches and
historical statements in support of the positions
we have reported, and concluded by demanding
that as the IT, s. District Court was acting
without Jurisdiction, the citizens in its custody
should be discharged.
Mr. Spalding was responded TO by the Dis.
trict Attorney, Mr.. Belden. AT the conclusion
Of bis argument the Court adjourned till
O'Clock this morning, when Mr.. Swayne viii
speak.
Mr.. Belden understood that thero was n,
question before the Court but the simple one o
the constitutionalitY of the Fugitive Slave Law
of 1850 If that law was constitutional tn
prisoners were properly in custody
Mr.. Spalding said he rested the case on tina
m IL
the Court to the fact that the ordinance of l79
made discrimination respecting fugitives fror
service, in ono of the original thirteen States.
Mr. Belden said that the ordinance Of l7s
was superseded by tho Constitution of Tn
United States, and had no vitality but such a
was given it by Acts Of Congress He wOul
rot stop to argue that point, lie would con
fine himself to the ques;ion-Will the SupTem
Court of Ohio allow writ of habeas corpus !
favor of individuals held under law of III
United Statesl IIo would present authorize
and argne that State courts cannot intorier
with Federal officers, who hold persons in Gus
tody under the fugitive slave law.
} Against the position of the counsel for In
prisoners, were authorities of State and Ma
iional Courts, of Legislatures and OF Execu
tves. lie had but ore decision in his favo
and that was by divided Court. History wa
aainst the argument Of the opposing couns'
as wellas the authority of Courts The Cor
stitution Of the United SateS was obligatOr
3 alike in all the States, and until modern aglt'
tions prevailed, the exclusive right Of Unite
/ States Courts in cases under examination, wa
not questioned Mr. Belden deprecated ean
nestiy a condition Of things in whic
State Court swoud conflict with each other an
with the United States Courts in eTpoundin
tho federal constitution.
lie held that Congress had no power oyC
0 slavery, and no power 10 enlarge or limit ire'
/ dom-that the Scripture doctrine :" do uni
Others as you would be done hy,n did not 70
bid slavery that the demand OF the opponent
D Of the fugitive slave law for trial by Jury WI
pTeposteTOus, and that when men turned u
their noses and declared tho law obnoxious, D
had only to say it is the law. Il is in the Coz
stitution lot the laws be maintained.
D Journal, 26h
The argument before tho Supreme Court WI
concluded yesterday at noon, aud the Court az
i iourned TO Thursday morning. Noah ]
0 Swayne, Esq on the part of the U. y. Marsh
3 occupied the forenoon with an able, lawyer IN
1 argument, citing the cases in witch The fug
tive slave law had been held TO be constitution
by both federal and State Courts, and arguin
that with so many decisions in its favor an
d, but one, the recent decision of Wisconsin
: against its constitutiOnality tho question ougl
=. to be regarded as settled.
r lie argued also the question Of constitution
v ality de ROUO without regard 10 adjudication
g and held that the constitutional provision, lhi
% fugityes should be given up, granted to Cor
20 gTess all th0 powers requisite TO carry out tl
n provision. While he claimed that the law Wi
constitutional, he did not aHsume 10 defend Ii