The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1859-06-03
Synopsis of the Habeas Corpus Case.

Tho case upon !labcas Corpus of Bushnell
and LangstoD relators, commenced in the
Supreme Court, nt Columbus, before tho
five Judges on Wednesday, tho 18th ult.
Mr.. Riddle opened the case for tho rcla
tors, who, with Sheriff Wrightman, were
present no said -
We claim, in tho face of this record and
against this seal that tho Imprisonment ID
iIrga! aud this judgment u nuIlty. be-
cuusG--
|. Tho nllodged Law is not law!
|. uudor the Constitution of tho Uuitud
States, Congress had no power TO cgisatu
upon tins suhjoct:
J. Concodug tho power to legislato
Congress had no power TO pass the act in
question.
3. If tho net DO constitutional, no crime
is charged under under it or shown by tho
record cxcmpIled in the rcturE.
1. The Act OF Sept Is. 1850. contra
roncs the Ordinance o. 1857, of antecedcnt
and superior obligation, aud is therefore
void.
Mr. Riddle hero referred to come of the
Ioadng cases in which this aud relative qucs
tions had been adjudcatcd, among which
the cases Of Prigg. Nanzant, Moore and the
recent case OF Booth in Wisconsin he then
referred to article ". of the Constitution,
and claimed that Congress had no power to
pass tho Fugitive Slave Law. Because
J. 1t yioutes tho rights of personal lib
urty. 1t thn Constitution refers to slaves at
all, It is aa PERSONS, aud applies to ALL per.
sons. a law pursuant to II must treat them
us PERSONS, uud hence embrace ALL persons,
und place ALL without the profession Of law
~ this does 10y permitting any party who
claims 10 bo the owner Of power tn seize any
person whom ho is disposed to claim as his
slave
Tho presumption Of q persons freedom is
as lasting as that Of the innocence of II por-
son accused of Crjmo. 1t lasts tostho vury
moment q: his conviction. in tho one case,
and until it is established with like certainty
IN tho other, that he is slave.
=. The Act OF 1880 is unconstitutional
in lI.at it invests Commissioners appointed
by tho Circuit Court of t1s U. s. with judi
cial power
1t is impossible for US to follow Mr.. RildI,
through tho entire of his argument, sullic,
it to say that it is ono of the most able Of
forts it has over been our lot to peruso.
MIR Attorney General Walcott was pres
Ont on behalf OF tho State. In that capacit,
ho asked leave to address tho Court; Iii
argument Occupied "a hours.
Messrs. Bedcn aud Swayne appeared 70
tho Govcrnmot
On tho morning of tho 26th Mr.. Wolcot
| hiG
ll4oclock reviewing many similar cases
aud finally concluding thus:-
hesitate to refer to single topic. Yo
| hear it,-you hear it,-evury body hear
II said upon tho streets, If this Court shaI
exercise lIs prerogatiyo IN tho enlargement
OF these prisoners, there will be IA conflict
IA couilict between State and Fedora
authority. WHAT THEN !; Arc We children
are No uld women To be frightened iron
/ our prOproiy Oy menace like this I: | rey
crence tdW, but not tho law of King Bomb
= of Naples. ORDER-l stand hv Ordrr. bu
not tho order which rOignUd ia Warsaw attu
u massacre. PEACE is most desirable, bu
not that peace which survives liberty, an
suOsisis under dCspotlsm. Ii thero is Il
bo II CONFLICT let It como NOW, when cai
meet II. ! would leave no such conflict Il
legacy 10 my children.
Tho Court stated ut tho conclusion of tn
days sitting, that tho Descision would b
rendered on Saturday, tho 2sth. ult, bu
on that day it was again postponed uEt
Monday, tho 3oth. on which day Judge
swan, Scott and Peck rcmaudod tho pris
oners; Judges Brnkerhoof and Sutlilf dis
scntng Tho Leader thus remarks upo
> tho decision -
Private dispatches stato that tho mqiori
; y dec,si"n ahirms the coustitutionality O
tho Fugitive Slave Ac:, and every min
mado hy tho United States Supreme Cour
IN oyerrnlng tho decision of the Sunr,m,
Court Of Wisconsin.
Such is tho position of tho moioritv a
the Snprrme Judges Of tho State of 0hin
IL ls tho oud of the legal controversy n
this timo. Tho FREQ People can onlv TAX,
an appeal through tho ballot boxes, Stat
aud National. This they will do. Tn
Struggle between Freedom and Slavery
ihber'y aud Despotism, is but begun. Tn,
fast Is full OF encouragement, the Future q
promise, for Revolutions never 20 back
wards