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

OberIn Gases NolIiea = Iiaher Law n
umuhnnt.


0herlin Gases Nonicd - iliRher Law rri-
umphNnt
We learn with astonishment that The United
States District Attorney has nolicd the inlet.
ments against the Oberln Rescuors now IN
jail on condition that the Oberiuitos will nollie
the indictments against the Kentucky Witnesses
who were under arrest on a trumped up charge
Of kidnapping. This arrangement We under-
stand has been made at the solicitation Of the
four Kentucky gentlemen, Who while under re-
coguizance Of the United States Court to ap.
pear here ana testify in these Rescue cases,
were indicted by an Obcrlin Lorain Jury, and
arrested While in the discharge Of their duties
on false charge of kidnapping They were
thrust into the Lorain county Jail, but were
subsequently released ON bail. A special term
Of the Lora County Court was to be held on
the 9th inst, TO try them, and Lorain county
| jury was all in readiness TO send them to pur-
gatory or the Penitentiary, without any regard
TO Constitutions, Courts, or the laws of the land
An effort was made to get them out Of tho
hands of the Oberliuites by a writ of habeas
corpus, Issued by Judge Mclean, bat the sheriff
Of Lorain hid himself for several days and the
Probate Judge ran away, TO prevent the bail
from surrendering the prisoners up, SO that the
writ could take effect, and in this way nuliified
the Law and set at defiance that "Great Writ
Of Right" which these same Oberlinites have
resorled 10, and have bad the full benefit Of, on
two occasions since these arrests have been
made.
Finding no law in Lorain but the Higher
Law, and seeing the determination Of the Sher.
III, Judge, and Jury to send them to the Peni-
tentiary any way, for no crime under any hue
man law, but on a charge trumped up on pur-
pose to drive them out Of the country, and hav-
ing been kept away from their families most of
the summer aud away from their business, Ht
z eat pecuniaiy expense to themselves, for the
Government fees for witnesses do not pay board
bills, they proposed 20 exchange nollies and
the District Attorney consented to it. SO the
Government has been beaten at last with law,
justice, and facts all on its side, and Oberlin
with its Tebellious Higher Law creed is trium-
plant.
The precedent is a bad ore. All these fac
tiunists have 10 do in the future, whenever any
Of their number is arrested for the violation ol
our statute law, is to pay no regard to the writs
of the lower law courts but threaten the wit.
nesses with the terror OF their own inquisition,
and enforce the penalties Of the higher law
This is MOTmonism with Prof. Peck acting the
part Of Brigham Young, and it will have to be
put down, as Mormonism has been by the strong
arm OF military power.
There will now be some unearthly shOutings
by these triumphant myrmdons Of fAlormouism
Oberin will blaze in her new won glory, and
I'e DsumS will be sung in all her churches
There will be great accession to her calender
of saints Those immortal men, who, armed
with muskets, mObbed the United States Off
cials, while in the discharge Of their sworn du-
ties, will now be canonized, instead Of cannon
AIDED, and,Sant Peck will hc listed with Saint
Peter, and as worthy to hold the keys Of Para
disc.
LATER-The following correspondence, just
handed us by the District Attorney, will explain
the above transaction:
Hon. Geo. W. BeidcR, u. S. District attorney
for the Northern District Of Ohio:
Sir The undersigned, believing that the
convictions already had in the prosecutions for
The rescue of the boy John, are a sufficient
vindicaton of the law and in view of the fact
that large portion of US are residents of an.
other State, and are remaining here at very
great personal inconvenience and sacrifice; and
of the further fact, that the authorities having
charge Of the indictments pending in the Court
Of Common Pleas Of Lorain Comfy, against US,
are willing to dismiss the same, upon condition
that those pending against Peck, Plumb aud
others, in the District Court Of he United
States, aie not further prosecuted, we therefore
suggest these facts, and respectfully ask that |
you will, with the nsent of the Court, enter
a noHe prOSGqUi, in each Of the indictments re-
lerred to, now pending in the said District
Court of the United States. This course will
relieve us from great trouble, anxiety and ex-
pense, aud not, as we conceive, compromit in
the least, the perfect vindication of the laws OF
Congress already accomplished in the conyic.
tions above referred to-
ltis proper to inform you that this arrange
ment is made with the explicit and distinct un-
derstanding, that the civil remedies to which |
we, or Mr. Bacon, the owner OF the boy john
may be entitled, are in no respect interlered |
with or impaired; and it is also due to us to say
that we made every reasonable exertion to sur
render ourselves to the authorities of Lorain !
county, with view OF having the writ of ha5c- |
as corpus, issued by one Of the Judges of the |
Supreme Court of the United States, executed |
upon u.s. that the matters charged agaius, US, |
might be fairly, impartially and clearly heard, |
but were defeated in this purpose by the inten |
tiOnal absence of the officers by law authorized |
to take the surrender, and receive service of the |
writ. Very respectfully
A. D. JENNINGS,
j. X. LOWE,
9 L, a