New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-28
THE OBERLIN RESCUE CASE.
THE FEDERAL OFFICIALS BACK DOWN.
Corre,poudencs Of The n. Y. Tribune.


CLEVELAND, SATURDAY, April %, 1859.
If now turns out that the United States Marshal
had previous to the decoying and seizure of Bush
nell Yesterday, received telegram from some of the
proSlavcry officials at Columbus, informing him of
the probability of the issue of writ of habeas
corpus by the Supreme Court, and having predeter-
mined TO resist the authority of the State Courts took
possession of the person of Bushnell in order to pre-
vent his being taken down to Columbus by the
Sheriff.
The Marshal declared last night, that he not only
should not obey mandate of the Supreme Court but
that Sheriff Wightman should not take the prisoners
in his custody to Columbus in obedience to Il writ Of
habeas corpus, "ercept through the mouth ot tie
"cannon." The Sheriff expressed himselfdetermined
70 obey the laws of his State and the mandates Of her
Courts and TO perform his duties officer at all
hazards II was expected that the Marshal would this
mo,nng attempt possession of the other prso
pers but his increased acquaintance with the character
of the Sheriff together with the tcpdation felt IN the
council of his felow-ofeials last night, undoubtedly
prevented his takiag such course The Marshal has
to-day admitted that he has now no control over the
prisoners who have not been tried. Tie is certainly
progressive.
treat with too much contempt the authority OF the
Supreme Court and went down 10 Columbus last night,
and the question Of the issue of writ OF hdbcGS cor
pus il probably being discussed to-day lie VIII proba-
hly use bravedo, aud threaten the Court and the
little State of Ohio with Federal vengeance, IN punish
.nt ioI their watchfulness the rights anu hber
ties of the people. But il will require room for more
potent arguments than these 10 prevent the proposed
action, while the Court has Sutff upon It's Bench.
Tie tulluSing document will show the rightuness of
the claim Of the Marshal TO the custody Of Bushnell
This with more lengthy extracts from the Court
Record not necessary any understanding of the case
certified to be correct copies by the clerk, were con-
tanned IN the mittimus
Cepy Of ertrcet from Court Record
And thervupon molten Of the Attorney IL was
.ad defendant Simeon Bushnell b. committed
custody the Marshal of this District TO await the further
erthed 70 D. correct copy OF the Court
t.ch-d. by Frvder.nk W. GTe-il ClrTk)
Tls II indorss,d by the Marsha, thus;
Ls Jailor Of CayahSsd County You he-rby required
sisr Basns the PsF'sn m, han.d r Ss wH Or
Stae'jsy hs N0'tss,. Dv',,sf% gar su,,
.,-s Is ls5e Northern DslTscS of Ohio"
II would seem from this that the Marsaal-whetber
by exceeding his authority or other~ise-dli, by tie
above mace Bushnell beyond bis contro OF. al least,
placed I'm IN the custody Of thu Sheriff IN such man
ner 10 require the latter TO Keep Bushnen uHu the
further order of the Court.
The ouler of the Court in regard to the commitment
~ the prisoners somewhat different. II directs tbs
they be Committed 10 The custod! OF the Aalsha OF
"is District; TO be by him conveyed to tue jail OF
"Cuyahoga County, there 10 remain until the iarihef
" oriei Of this Court" The demand Of the Marshal
upos the JaIer is the same a. in the Of Bushnell
An act of Congress Of 1876, estalAiIhing Federal
TAILS and prescribing the duties VI harshals provides
that he as of the counties shall be the aus OF the
Federal Districts. except whcre suitable prisons sne
have been erected by the Federal Government; Inc
Asrshas ruouI In the Post Office Building can hardly
be considered Jail coming within the meaning OF
the law. .
Som. excitement grew out u a rumor in circulation