Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-05-07
Ibe Auti- 5Iauerp Buole.
The APPLICATION FOR HABEAS CORPUS
rt IN THE RESCUE CASE.

The application to tho Supreme Court Of Ohio,
for writ Of habeas corpus, on behalf Of the gen.
tlemen now in prison In Cleveland for an alleged
rescue of fugitive slave at Oberlin, was argued
Yesterday. Rufus P. Spalding appeared for the
prisoners, and the U. S. District Attorney, Mr..
Belden, of Canton, assisted by Noah H. Swayne.
of this city, for the United S,atcs Government
Mr.. Spalding opened the case, aud consumed
the whole of the forenoon and large part of the
afternoon session of the Court in q matured ar
gument.
He contended that Congress had no power to
enact either the fugitive slave law of 1893 or of
1850, but that if it was conceded or decided that
the Federal Constitution gave Congress power to
enact law for the reclamation of fugitives from
Justice then it transcended its power in the
ment OF 1885, .r,
Mr.. Spaldiug traced the history Of the forma
tion of the Constitution, and clnmed that the
clause respecting persons owing service" was un
derstood now, not as comforting on Congress pow
er to enact fugitive slave laws, but simply as q
compac. between the States that they would not
exercise their sovereign power to prevent the re-
clamation of fugitiyes from service.
He claimed, in view of all the responsibilities
in the case, Congress had no more power to enact
a law for the arrest and return of fugitive slaves
than for the arrest and return Of runaway horse
Roger Sherman, of Rhode Island asserted that
doctrine in the convention which formed the Fed
eral Constitution, md the clause which it was
claimed, authorized the law of 1850, would never
have been adopted in that convention, fit had not
been the general belief, South as we'll as North,
that slavery was a temporary evil. The people
would not have ratified the Constitution containing
that clause, if leading men had not insisted upon
it that no difficulty could grow out Of the clause
in question, because slavery was necessarily o
tsm porary institution. So strong was the senti-
mont in the Constitutional Convention, that the
phrase illegal service" was rejected, and in its
NJ place the words "service under tho laws thereof
inserted. a-
The argument. against the position no urged
was that it was expedient Congress should Jegis'
late to reclaim fugtives from service; therefore it
must have the power--necessary that Congress
should legislate because citizens of the free States
nbhor slavery and are unwilling to return fugi.
tives 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 wero blind on
this internal subject, but to him. it was clear that
only fair knowledge fthe English language and
ordinary common sense was required to UNDER
stand that under the Constitution of the United
States, Congress could exercise power inros'
ing pains and penalties on citizens of the States
for doing what was neither in violation Of the
laws Of those States, nor of the laws of God
Whatever power there was belonged to the
hoA dat ad
part Of Tito Congress.
He asked that the Supreme Court of Ohio should
critically examine oil the questions involved in
tho application now made to it. Let the whole
responsibility be met. Ho planted himself, as
counsel for the prisoners, on the Constitution of
the United States, and Of the State of Ohio, and
there bid defiance to any construconists. If cit
Gems were to be confined for acts of benevclence
lIe. it be done in constitutional manner. /: was
important to the people Of Ohio that they should
know what rule of action was imperative upon
them. Wisconsin had boldly taken its position.
The U. s. Supreme Court had reversed the deci.
sion of the Wisconsin Supreme Court, but the
Wisconsin Legislature had instructed the Court to
mauta its position, He had no doubt Of the
afnsi result There was growing sentiment that
State rights must be maintained, ra.. b..
era Mr. Spalding read numerous speeches and his.
toroal statements in support Of the positions we
have reported. and concluded by demanding that
ms the U. S. District Court was acting without
jurisdiction the citizens in its custody should be
discharged.
Mr., spalding was responded to by the District
Attorney, Mr. Beden. At the conclusion OF his