davidaulloa/AmericanStories huggingface dataset:
Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-06-11

MARSHAL JOHNSON'S PROTEST.

By the following letter of United States Marshal
johnson to Sheriff Wightman, Of Cuyahoga county
iii be that he has taken time BY the fore
lock" in promptly entering his protest against the
removal Of the prisoners Bushnell and Langston !;
thereby, as Marshal, performing his duty and ob-
cations under the laws and constitution Of the
Uuited States. Mr.. Johson in this case, like Pres
ldent Fillmore in the Boston riot, finds the Fug-
tive Slave Law and its provisions upon the Statute
Books OF the Nation, and being an officer uuder
the GoverDment-nott TO sit in judgment upon the
Mp, but as "a sworn official boand to see it faith
fully cxecuted,-he pursued the only proper anu
legal course lett bim under the constitution:
us. MarshaEs Office, Northern District Of Ohio
CLEVELAND, May 24tn, 1859.
ITO DAVID l.. WIGHrMAN, ESQ.,, SHERIFF. OF Guy
AHooA COUNTY SIR am in receipt of your let
ter Of the l9,h instant, iE which you state that
you have wrts OF habtas corpus commanding you
to have Simeon Bushnell and Charles Langston
before the Judges Of the Supreme Court OF Ohio
at their Court Room, in Columbus, on Wednesday
the 25th OF May, 1859, at 10 o'clock A. NJ, with
the cause OF their Imprisonment, and you also
state that you will obey said writs OF habeas cor
pus.
''Tho Supreme Court of the United States hav4
ing decided that the State Courts have no power
to discharge the persons imprisoned under process
of the United States Courts or violation of the laws
of Congress, and it being clearly your duty to re-
turn in answer to the wrts the OF the deton-
tun OF the prisoners, without producing sher per-
sons, hereby protest against your removing Or
permitting to be removed, from the Jail OF Cuya-
huga county the said Simeon Bushnell and Charles
Laugston, until the expiration Of the sentence for
which they are respectively imprisoned.
Yours, Respectfully,
NJ. JOHNSON, U. s. NJ, N. ID. Of Ohio"
In the event of the nuAifcat,Oa of this, one Of
the laws of the General Government, and as bind
ing ON every good citizen until repealed as any
other, by the Supreme Court OF Ohio, Marshal
johnson will be bound to re-arrest the prisoners
and retain them in obedience TO the law under
which he acts. Phis, then, will bring about col
lisoa between the General and State governments
which GoD iorbd-and then will begin a confict
which sickens our heart to contemplate, aud one
which may cost millions of treasure and the she'd
ding of much precious blood before restoration
of peace withih our Borders. We look with tear,
ful forebodings to the future !; bat being firm be-
lever in Divine superiendence the affairs of
men. We cannot but hope that this dire calamity
will yet be avsrLsd,
Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-06-11
CASE OF JOHNSON.

To writ directed to the jailor of Hamilton
County, directing him to have before the Supreme
Court at Columbus the body of one Reu! en- John
son, with the cause of his detention the ailor re-
turns that he has the body of johnson in his GUS
tody, but not under his control, inasmuch as be
huh,s him as Keeper Of the Jail of Hamilton Coun-
ty,. under a certain commitment of which he an
nexes a copy. and also a copy of the endorsement
Of the United States Marshal thereon, made by
the District Court of the Southern District of Ohio;
that the Marshal, though requested. has refused
permission to allow the body Of the prisoner to be
taken TO Columbus, but. on the contrary has lod-
ged with the respondent written prohibition, of
which copy is annexed, SO to remove him upon
which state of facts the respondent 10 advised by
counsel that he has no legal right to produce the
said johnson before the Court at Columbus |;
whereupon he prays the Court to excuse him and
to dismiss him With his costs. The return appears
to have been made with the express view OF bring
ing this case within the law as recently laid down
by the Supreme Court Of the United States IN the
Wisconsin case.
Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-06-11

Certain men from the State of Kentucky arrv-
ed at Wellington, claiming to hold power of at
torny, which gave them the right to seize and cap
ture a negro boy john. Be it remembered that
this John was then under the protection Of the
laws Of Ohio. These men came to take John by
force of arms they came prepared for violence
they came prepared with bowie-knife and revolver
to execute a legal document. Was this the way
to make an arrest as provided by the Constitution
Was this peace Is it war; Under a construc
ton allowing such means for the enforcement o
the Fugitive Slave Law, that law executes itself
The Constitution provides that no man shall be
deprived of his liberty without due process of law.
This means, of course trial by jury and proper
hearing in a court Of law. The arrest under the
power of attorney was directly in conflict with
this clause. Private seizure within the limits OF
any State, where such seizure has not been regu-
iary egalized by tho laws of that State, is illegal
There was and presume is, q paper publish
cd in this city known as the Piaindealer. At the
time the Fugitive Slave Act was passed, the editor
of that paper and myself had something to do
with each other. At that time the editor OF the
Paindealer declared that whether that Act was
unconstitutional or not, it was Internal in it's
origin.
When the editor thus spoke, he uttered the
truth. 1t was never intended that the Constitu.
tion should be the shield and guaranty of slavery
in its incursons on the Free States and Free Ter.
riories. If the trainers of that Constitution could
have seen or even dreamed of the construction
now put it by some men, that Constitution
would never have been adopted. They thought
with Mr.. Madison, that it was wrong tc recognize
property in man, and 80 far from intending to fos
ter slavery, they were calculating on its total ex
tinction in a brief period
Let US go peacably to work. Let us 90 to ouI
Courts for redress lie. ussnot use undue press
sure to influence their decisions and whatever
that decision may be, let as do our duty. For the
powt r, after all rests with the people. They can
through the balot-box, regulate all things. Let
us see that we execute that power properly. Sec
that right and faithful men are sent to Congress.
Be sure that President is sent to Washington
who truly represent the people. and who will
see that the Constitution be the security and guar
anty OF liberty, not the prop of slavery.
In concluding, he said that he had not given
utterance to all he wished but what he had said
he was willing to live by and willing to die by.
lie begged them to be faithful to themselves, to
their country and to the laws.
We have not given the Governors speech In as
full and perfect q manner its merits warranto /,
owing to the exceeding difficulty of reporting cor
rectly in such crowd. The speech was of marked
ability and will add to Governor Chase's reputa-
ton as statesmen and an orator.
Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-06-11

government, national and State and the legisla-
tive power of Congrese on this subject has been
recognized by the General Assembly of the State
Of Ohio in their statutes; by the Supreme Court
of the United States, and by the Supreme Courts
Of Massachusetts, New York, Pennsylsania, Indi-
ana, Illinois, California by the Supreme Court of
Ohio on the circuit, and. indeed, by the Supreme
Courts Of every State in the Union whore the ques
tion has been made, and has never been denied by
the Supreme Court of any State-the Courts of Wis
consin, Notwithstanding the popular impression,
not forming on exception.
VI. The right to rescue escaped slaves from
their owners being denied to all citizens of the
United States by the Constitution Congress hav-
ing prohibited is and enforced the prohibition by
penalties the Supreme Court Of the United
States and Courts of the free States having recog
nized aud acquesced in such legislative prohibi-
on and punishment, If the question is not thus
put beyond the reach Of the private personal views
Of judges, and if they possess judicial discretion
or power TO overrule on the authority OF their in
dividual opinions this unbroken current Of decis-
ions aud this Gcquiesence of the States of the
Union and change the settled Interpretation Of
the Constitution of the United States then there
is no limit, and restraint upon judges making
at any tiiMo, and under any circumstances, their
own individual opinions, the arbitrary Interpreters
Of the Constitution
VII. Whatever difference Of opinion may now
exist in the public mind, to the power of Con
gress to punish rescuers provided i'll the acts Of
1893 and 1850, no such vital blow is given either
To constitutional rights State sovereignty by
Congress thus enac;iug law to punish violating
of the Constitution Of the United States as to de-
msDd of this Court the organization of resistance
1t, after more than sixty years of acquiescerce by
all de pa1tme of the national and State govern
meuts, in the power of Congress to provide Tor
the punishment of rescuers of escaped slaves, that
power IS to be disregarded and all laws which
may be passed by Congress on this subject from
nepceforth be pc. sstently resisted and null
nGed. the Gork Of revolution should not be begun
by the onservatcrs Of the puJli1 peace.
Judge Scott oraiiy assented to the foregoing, as
embudying his views especially ID It's conclusions;
although he iutimated that he vou.d in q Trltten
opinion, nudity some of the details.
Judge Peck delivered elaborate written opin-
ion coluciding with Judges Swan and Scott, COM
pri5ing q review of the decisions of the Courts,
and particularly Of the State Courts, upon the
questi )ns involved in the case, and treating the
whole matter as a res adjudicata.
Judge Sutlif read a dissenting opinion,
taking the ground that according to the estab=
lshed rules of construction, authority for Com
gress to pass the Fugitive Act could be found in
the Constitution. The entire document, together
with the opinion Of j udge Swan, will be given in
opr nexs.
Judge Brinkerhof also dssented from the ma
jUrity OF the Court
Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-06-11
From the Albany Evening Journal
THE SITUATION OF THE ARMIES IN
ITALY.

1t is becoming evident that the Austrians will
rot strike the first importan. blow in Italy. That
ney leave to Napoleon, and content tbemselv, s
with preparing to meet it. 1t was confidently ex-
pected when the steamer left that he would hasten
forward to precpitate pitched battle, within two
or three days. A very short advance would serve
to do it. for the hostile armies are enrenched with.
in days reach of each other, a strip of land in-
ervening between their lines whose breadth varies
from less than eight to not more than twenty
miles.
We gave, a few days since, diagram, roughly
sketching the position of the combatants. We re-
produce it to-day, changed SO as to show the
changes in their lines.
Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-06-11
From the Ohio State Journal.
THE HABEAS CORPUS CASE
Decision Of the Majority of The Court
DISSENTING OPINIONS OF JUDGES BRINK
ERIIOFF AND SUTLlFF,

The decision of the Supreme Court, in the ap-
plicaton for discharge Of Bushnell and Langs-
ton convicted of n violation OF the Fugitive
Slave Act, at the term Of the United States
Court for the Northern District OF Ohio was ar
nounced yesterday afternoon, all the judges being
present. The decision of maj ority of the Court,
namely, Chief Justice Swan, and Judges Scott
and Peck was against the prayers of the relators.
Judges BrinkerhoH and Sutiif dissented from the
majority of the Court.
Whatever may be the conflicting popular opin-
ions upon the decision rendered by ma ority OF
the Court, the people of OHIO will doubtless re-
gard it as the deliberate judgement Of the high
est tribunal of the State,and will respect accord
ingly.
We give below synopsis of Judge Swans
opinion. We had hoped to have given the opinion
entire in this issue of our paper, but it was re-
tanned by Judge Swan for revision. The synopsis,
however, presents the main points;
JUDGE SWANS OPINION.
Judges Swan, Scott, and Peck held -
l. That the provisions of Art. Sec. 2 of the
Constitution of the United States "No person
held to service or labor in one State under the
laws thereof, escaping into another shall. in con-
sequence Of any law or regulation therein, be dis
charged from such service or labor, but shall be
delivered up on claim of the party to whom such
service or labor may be due" guarantees to
the owner of an escaped slave the right Of recla.
nation.
ii. That citizen, who, knowingly and inten-
tionally iner!eres WITH for the purpose Of rescue
or rescues from the owner an escaped slave, it
guilty of violation of the Constitution of the
United States, whether the acts of 1898 and 1850
commonly called the fugitive slave laws, are un-
constitutional or not.
H. That the question in this case, is not
whether the fugitive slave act of 1850 is unconsti
tutonal in respect to the appoin tment and powers
of commissioners the allowance of O writ oil
habeas corpus, the mode of reclamation, &c.,
but whether Congress has any power to pass
any law whatever, however just and proper, in ts
provisions, for the reclamation of slaves, or TO
protect the owner of an escaped slave from inter-
ference, when duly asserting his constitutional
rights of reclamation
w. That Congress, from the earliest period of
the government has, by legislative penalties. vim
dicated the constitutional right of the owner OF
slaves against unlawful interference.
V. That such legislation was adopted in 1913
by the second Congress elected under the Const-
tuition, composed, of many of the members of the
Convention who framed the Constitution, has
from that day to this been in active operation and
has been acquiesced in by all departments Of the
Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-06-11
TIE ANrI-SLAYERY BuGLE.

PuDLrsHKD EVERY SATURDAY, AT SALEM, OHIO,
by She Executive Committee Of the Western Anti.
Slavery Society.
TERMS.-Sl so per aunum payable in advance.
r1rCommunica,i6ns intended for insertion, to
be addressed to BENJAMIN S. JONES, Editor.
Orders for the paper and letters containing
money in payment for the same, should be
addressed to ANN PEARSON, Publishing Agent
Salem, Columbiana County. Ohio,
AdtrMoney carefully enveoped and directed as
above, may be sent by mail at our risk.
BS-we occasionally send numbers to those who
Are not subscribers. but who are believed to be
int,tested in the dissemination of Anti.Siavcry
tru,h With the hope that they will either subscribe
themselves or use their influence to extend its
circulation among their friends.
cd TERMS OF ADVERTISING.
One Square nc linesl three weeks, : $l,00
- Each additional insertion, ,25
4. ' Six months, ;: 400
Z" One year, :: 600
Two Squares six months, 4: 800
d" One year, 500
One Fourth Column one year, with privilege
slt-. of changing monthly, 1900
Half Column changing monthly 1900
s6rCards not exceeding eight lines will be in
serted one year for So 00 six months, $500.
-s s.. j. HUDSON, PRINTER.
Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-06-11
THE WHISKY-CLIQUE.

"John G. Grannis Esq, has, within the pas
week resigned the Office Of u. S Commissioner
that he might no longer 5e subject to the uu
conscionable drfats likely to he drawn Oh
his manly spirit by the requistions OF the Fugl-
tive Slave Law. So long as our young manifest
this strong sense of Justice our country IS safe"
The above is from the Leader. Mr.. Grannis
must have known on the day he accepted the ap-
pointment of Commissioner just as much about
the Fugitive Slave Law and the requirements OF
the Slave power, as he did on the day be resign
ed the post. But the movement is 60 apparently
political tIck, that 1t is unnecessary to waste
words on the above. Mr.. Grannis is anxious to
get the Office of Prosecuting Attorney for this
county, aud he must therefore put himself IN OPP
position to the odious Fugitive Law The wire
pullers heIeabouts understand that and conse-
quen,ly placed him in the4Secrelary's seat at the
late Mass Convention.
1t is we'll known, IN the city at least, that Mr..
Grannis belongs to political clique, the head OF
which is not visible, that by various ways and
means, has controlled the political affairs OF the
county for a long time. The irequenters OF
County Conventions know this to be fact. We
regard 1t Of more Importance to secure good anu
true men in Office, than to witness the success oil
mere Democrats or Republicans, and If this or any
other faction wish to control city and county, they
must give us good men, and carry on their cleo
iions within the bounds OF decency. AT the late
charter election, the primary meetings we're pack
cd by this wing of the Republicans, aided by
whisky, and the Mayor elect. Mr. Geo. b. Senter,
lowered himself in the estimation of all respecta-
ble people by the disgraceful manner in which be
enlisted the rum-sellers and black-legs to work FOR
his election. The campaign was so disgusting that
it excited remark even in this city, where we are
80 well accustomed to be ground down by such IN
suunnentalties. Mr. Grannis was one OF the
leaders in this campaign.-The Analyst Ctere-
land
Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-06-11

An INDEPIYpENr CLERoYMAN.-An exchsngs
says. "Mr. Wise son of Gov. Wise, sound
Episcopal clergyman at Richmond, Va, is taking
liberties with the established routine. lie preach
es without notes and if he were in earnest, dis
cards the prestly habiments and appears in his
ordinary dress, not even wearing hite cravat to
distinguish him from Iayman. lie also talks very
boldly to the Shareholders about their religious du-
ties TO their servants, and being on earnest man
and not at all discreet according to the wisdom OF
this world, the probability is that in the slavery
matter be will go furthor, in which case be will
certainly fare worse"
Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-06-11

LEoAcIEs OF THE LATE CHARLES 2. HovEr.-By
the will of tho late Charles +. TIovey, his estate
is to be appropriated folowsto his wife $50 ooo;
to each of his iour children $l70O0';' to William
Lloyd Garrison, Henry 9. Wright, Parker Pills
bury and Stephen S. Foster, $4,000 each. The
balance Of the estate, which is supposed to amount
to 10000, to Wendell Phillips, Francis jackson,
wm. Lloyd Garrison ami others, for the benefit Of
the Anti si-Slavery. Woman's Rights and Non-Hssis
tant Societies.
Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-06-11
WHOLE N0.7l3.
AN INCIDENT.

gentleman related in our hearing the follow.
ing incident that occurred short time ago in Gin
cinnat Ue said he was coming down from MI.
Auburn. @ith friend, enc evening into lie city,
and when about balf way down the hill, Hey saw
a poor ragged and miserable looking African, whS
seemed almost worn out with travelling. coming up
the hill When they approached him he stopped
them, and inquired if they knew person of a
certain name, who lived there. just as be asked
the question clustering Mssissippan, who was
coming down the hill behind him, came up and
stopped. lie looked at the negro rt,onent and
said, You are runaway, and had better 70 baef
to your master. You'll be better treated there
than you will ever be here. III have you taken up
as Il runaway" The Missssippian was very much
excited. The poor negro looked at him moment,
then pulling of his old ragged jacket, he tutbbd
bis back to the Mississippidn and said, "Yes Mas:
sa, is d runaway, dere is de kind of treatment
have received from my massa." The gentleman
said the negro's back was covered with scars from
the lash, and there were yet great raw sctes, ode
of which the blood was running. The Mississip.
plan looked at the laceracd back Of this victim Of
past slavery, then ripped out most horrible oath
aganst the man that inflicted these bloody ssribsi
vi tue neBro Dack. lie put MS hand into h1s
pocket and drawing out FIVE dollar gold piece'
and with tears in his eyes, Here, take it-go on
your road to freedom, and may God bless you"
The Mississippan remarked to tie gentlemen that
"he did not wonder at the people in the North %;
posing the institution Of slavery, when such sights
as these were exhibited to them," then passed on
doubtless wiser man. The gentleman further
said that the poor negro found his way to Canada;
and is now what the Almighty designed him ID
be-a free man. Clermont ( o. C1iries, 26M.
Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-06-11

VERY TRUE.--The Charleston Mercury says il
is "a piece of downright audacty to say tie Black
Republican party Looks to the overthrow Of this
Union" 1t adds
"Disunion would be fatal in every point Of view
to Black RepublicaniSm. They know it we'll, and
would seek to prevent it, if they had the power
and could succeed even at the point of the sword.
1t is the strongest Union party in tho country. not
only from policy and the dictates of self pres,rya-
ton, but by the principles of consolidation whiSh'
they entertain"
Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-06-11

THE NEGROES OF Mr.. CUsTIs.-The Washing
ton correspondent of the N. Y. Post, writes, on
May 18th:
81 learn from reliable source that the negroes
on the we'll known Custs estate opposite to Wash
inGton, who were freedby Mr.. Custis' will, are
still hard at work upon the plantation /; not one
has been Free ard no. only that they are trest
ed with great harshness. There is good deal Of
curiosity to know what the intentions of the exec
ctor ere, and it becomes philanthropsts every
where to watch the fate of the negroes. A few
have run of to Canada, and no attempt has been
made to capture them But why are not the
slaves set free, according to the will of Mr.. Gus
tbs As the newspapers this way not free 10
ask such questions, put them to your readers"
Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-06-11

Mr.. JOSEPH STURGE, we'll known reformer,
died at Birmingham on the l4th inst. Mr.. Surge
was born Aug. 2, 1898. In 1920 he established
the firm of Joseph and Charles Surge, in Bir-
mingham, which has since been recognised
as one of the principal corn-dealing houses in the
world His sympathies were constantly with the
oppressed and the poor but he was chiefly dis
tingulshed by As great exertions against Slavery,
on behalf OF peace in opposition to the corn laws,
in the promotion of the principles of total absti-
nence, and in the establishment of Reformatory
Schools. His first appearance in public life #ss
IN the year 1882 froIi which time until the final
abolition of Slavery in the British dominions, he
worked with Brougham, Wilberforce, Clarkson
and Buxton, helping the cause with his pen, tongue
and purse. Dissatisfied Wit. the concession, and
doubtful of the act which substituted the appren-
ticeshp system for the importation Of absoldts
slaves, Mr.. Surge, in 1887, made, at his own
cost, a journey to the West India Islards to ex-
anime for him usClf the state of the negro pobula:
tion. lie collected a vast body of information,
which was laid before the Parliamentary Com
mittee and was mainly instrumental in procur-
ing the act of Parliament by which Slavery in
every form was declared to be abolished in the
British domnons. Mr.. Sturge atterward pub
lished a narrative of his voyage which lis still q
standard authority on the subject of which IL
treats
Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-06-11

A copy Of DR.. Cheevers great work, "God
against Slavery" was recently sent to the Queen
of England, by one of his friends. Sir q. D.
Phipps sent most courteous reply, TO ;he ehec
that Her Majesty was graciousiy pleased to acosp
Of the work.