Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-04-26
The HSbsas corpus Application.
The State journal of Monday says

The State journal OF Monday says
The application for writ of habeas corpus
made by Judge Spalding on behalfof the Wei.
lington resouers, which was set for argument
on Saturday last beioie the supreme Court, is
still pending Judge Spalding appeared for
the rescuers, on Saturday, and Judge Belden,
u. s. District Attorney for the Northern Dis
trict of Ohio, for the United States Marshal
At the request Of the latter the hearing Of the
arguments was postponed by the Court until TO.
day at ten o'clock. Judge Belden, in making
the request for a postponement, stated that the
prisoners in the hands of the Marshal should
be Forthcoming, in obedience TO the order Of the
Court, should the application be granted. c
A trip TO Columbus seems to have had cool
ing effect for the nonce on the belligerent U
s. District Attorney What the promises of a
Government officer are worth who directs the
rescue of indicted kidnappers from the State
authorities, and protects them day and night in
the Government castle, the future will deter
mine It was by his order too that Bushnell
was treacherously and illegally taken from the
custody Of the Sheriff and iucarcerated in the
same castle Nor would he consent that Bush
nell should DO returned to the Jail, If the asser-
tions of the Marshal TO the prisoner are to be
credited
The National Democrat of Monday speaks
the determination of Marshal johnson, and no
doubt the real determination of District Attor.
ney BeldeA. as the paper is owned aud pub
hshed by the Cleveland government Office
holders. Here is the defiance and threat.
In the celebrated rescue case in this city,
being an analogous one, SO far as it has gone,
to the Wisconsin case, the Marshal holding the
prisoner Bushnell, convicted but not yet sen-
fenced will, we presume, 80 far obey the man
date of the Supreme Court, as to show that he
holds the prisoner under the authority Of the
United States Court, but in case the Supreme
Court of Ohio, in its efforts to override the
Constitution and laws of the United States,
should decide that it is no erimo TO disObey The
laws of the General Government, we do not
think the Marshal viii obey, and this we believe
because, were We in his place, we certainly
should not No power on earth, save that of
| force, should deprive us of the possession OF
the prisoner, unless he was liberated IN due
course of law, by court of competent juIis-
diction. The decision of the United States
| Court-Judge Mclean, prominent candidate
OF the Republican party for President, concur.
ring-is clear and explicit, on this point, and
we cannot well see how the United States off
GERS will dare disobey its mandates OF this
however we are certain, come what will, wha
may, they l0H do their duty, under the ialr ana
their official oath, regardless Of personal conse'
quences
In keeping with this fighting spirit, is the
fact that Marshal Johnson yesterday made
sttong additions to his previous large posse o.
Democratic bailiffs. Some forty were sworn
in it is stated. That they are unnecessary tC
hold Bushnell in his present prison is certain-
possibly the Kentucky kidnappers demand
them as body guard of honor Democratic
fee bills are helped by the operation