Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-05-07

The Fugitive slave Case An zanesville'
The emboldened men stealers have againpol'
luted the soil of Ohio and borne off another
victim. jackson, the fugitive seized at Zanes-
ola had resided in Belmont County, Ohio,
t,r nc last three years. A few days ago a
miscreant named Honeyoutt, decoyod jackson
through the agency of auother negro to zanes-
Vile, where he was betrayed into the hands Of
Deputy U S. Marshal Cox, who manacled him
and bore him before u s, Commissioner Ooch-
ran. The u s. Commissioner immediately
heard the case in his Office with the door locked,
and femanded the negro to slavery. This
secresy added to the excitement and after the
prisoner was committed TO jail a writ Of habeas
corpus was obtained and served on the Sheriff,
and the case brought before Judge Marsh
After discussion by counsel, the Judge ordered
the irons to be removed, and declared the pris-
oner at liberty. The Courier says
No sooner were these words out of the
mouth of the Judge, than Mr.. Cox, whose posse
surrounded the negro, pounced upon him, de
caring him bis prisoner, kc, &c, and calling
on everybody present TO aid him in keeping
possession of him, &c, He was ironed and
taken through the back door of the court house
TO Fourth street, where a hack was in waiting,
placed in it, and conveyed to the depot, for the
purpose of taking the train then nearly due for
| Wheeling-guarded by large force OF special
deputies, all armed with loaded and cooked re-
vovers and other paraphernalia appropriate to
! their delectable occupation, A large number oil
blacks had preceded the carriage to the depot
/ Ako.o ,,1t IL
with view of rescuing the prisoner. Many
of the assailants fought bravely, but they were
speedily dispersed-the bystanders, without
reference to political preferences, voluntary aid
| ing the officers in maintaining possession o.
| the fugitive In the aifray every weapon that
could be secured was brought into requisltion
and clubs and stones were freely used on boil
sides and some three or four shots were fire.
by the officers, but without serious results.
After the excitement at the depot, writ o
habeas corpus was served on the Marshal Al
investigation was had before Judge Marsh, an,
after argument the Court said the only question
made by counsel was the unconsttutionality 0
the law, and the suficiency of the certifclt
granted by the Commissioner to the claimant
We quote the Courier
Upon the first point it was claimed that tn
law was unconstitutional in the provision con
f,rrina upon Commissioners judicial powers
aud upon the second point that the certihcat
granted to the claimant did not comply wit
the requirements of the 9th section of the act {
1850, (Fugitive slave law and did not conle
upon the claimant authority to hold the allege
fugitive ...
The Court had no doubt of the unconstitr
tionality of the law in that respect, but insC
much as it had received the sanction Of tn
Supreme Court ofthe United States, and ofvl
rous Circuit Courts, It was not the province {
this Court to put it's own Interpretation of th
I law in opposition 10 such decisions The onl
remaining question in the case to be relied uI
on by counsel was as to the regularity OF IL
certificate granted to the claimant. 1t WI
claimed that the certificates did not set forth Il
e su bstantial facts of the labor or service dr
T. from the alleged fugitive to the claimant and
his escape from Virginia to Ohio. The rule
construction which the Court held in passlr
upon the sutficieney Of the return and certltica
a was of the strctest character, the Judge hOl
l. inc that unless such certificate complied not o
ly with the spirit but with the strict letter of IL
law it was his duty to discharge from custOd
b Under this rule Of Interpretation, he held tn
+ the certificate was strictly within the letter
q the law, and he accordingly remanded the +
gitive into the custody of the Marshal.
The fugitive was held by the Marshal al
y his posse until the next morning, when he W
placed on board train and conveyed back
!, Slavery, thus saving the Union The Couri
= remarks
The only practical result of the Procecdin
e aside from sending human being into life lo
If bondage, was the disgust inspired in the bose
Z. OF all intelligent and well disposed people
. an institution which required such disgraccf
proceedings to sustain it, and to transform tho
who, for paltry pittance, became its will
, -"fxed figures for the hand of scorn
y To point its slow unmOving finger at"