Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1860-04-28
.-Il IlS,nWPoRf, NEWS.


HAnrAs CoRpus CAsE.-We are well aware
of the difficulties surrounding criticism upon
the decisions of a Judicial tribunal. Judges
have been SO long held in veneration that
their dccrees are regarded with Difference by
ali. and the sanctity of the judicial ermine
has long been theme for sophamoric dis
plays of eloquence, on the part of pettifog-
ing members of the bar and new-hedged
stump orators. We are entirely at a loss to
conceive why this should have been the case.
We do not know what may have been the
bearing and requirements of Judges in olden
time, but we are decidedly of the opinion
that there are few now who, aside from the
prestige of their Office, would command more
than ordinary respect. IL, indeed, the de-
crees of Judges were ever entitled TO oracu-
lar authority, they must have been the result
of more study and investigation than modern
ones, or the freedom of expression was more
restricted then than now.
A decision by Judge Boyd, of the County
Court day before yesterday, in the case of
the negro Waggoner, is one which fully IL
lustrates our ideas on this point. The Judge
is man of honor and integrity, and we be-
lieye that his decisions are always made in
accordance with his convictions of right and
his ideas of law, but we are of the opinion
that there never was more error embraced
in the same number of words than is TO be
goner case, from the order Of sale, till the
decision on the hdbeds corpus. -..t
Our readers are well acquainted with the
circumstances connected with the arrest of
Wagconer, by Stewart and Weaver, two
notorious characters, and his subsequent in
carceration in the jail of this city, as sup
posed fugitive slave, and it is not necessary
to recount them.
After remaining in Jail for the six months
l.. a. 1.a Wit npf
any investigation of the question, whether he
was, or was not, a slave. According to the
law, any one arrested on suspicion Of being a
| fugitive, must be committed to Jail, and If not
| claimed within six months, such slave" says
! the statute, must be sold to defray expenses,
| &c, Now the statute does not, and can not
contemplate his sale, unless it be established
| that he is, in fact, SLAVE, and any other con-
clusion would permit any designing man to
kidnsp any free negro in the State, All that
would be necessary in order to do this, would
be to have him arrested on suspicion Of being a
slape, and he must be committed and sold, be-
yond any possibility ofredemption. 1t matters
not whether Waggoner be, or be not, a slave, he
has been ordered to be sold, without trial Of
that question, and any other negro could be
disposed of in the same summary manner.
There is no doubt of the principle Of law,
that the onus probdndi, or burden Of proof
must rest with the party desiring to make
another a slave; in word, every man musi
be taken as free, until proved otherwise; els'
there would be an end to all popular rights
If negro is to be sold under the statute as
slave, he must first be proved to be one.
In order to test this matter, Waggoner wa
brought before Judge Boyd on writ of hG
beas corpus, Wednesday, at the instance of G
P. Webster, Esq, and an affidavit filed for
change of venue, as it was believed bette
! that some one else than himself should re
! view the order of sale. But as the law di
, not, in this case, absolutely require the Judg
to accord the change, it was refused.
The return on the writ was next que'
o toned. Mr.. Sellman, who holds him, pre-
duced no nrittimus, and only showed, and /
defective manner, how he held him 81
u months ago, and not how he holds him not
d that he is no longer an officer. This objet
e tion to the legality of the detdiner was ik,
, wise overruled, and the return, though abs,
/ lutely defective, was declared sufficient, an
i after denying Mr.. Webster all privilege
n arguing the case the negro was remandei
@ not to the custody of an officer, even, but
!; private citizen, and that, too, without fir
having established by the least shadow
evidence that he is not free mani
t, 1t is true, that, under the law, Wagon
b. could not have been set free, by hdbeds corp
4, that, generally being an er pdrte procee
= ing; but in the case of Weddington Us. SsI
lie uel Sloan, (of colorl Is Ben. Monroe, II
d. the Court of Appeals decided that, thoui
n this could not be done, yet it was the duty
the Court to place the negro in a position
which he may be enabled to commence su
for his liberty.
In such cases, and indeed every one invol
ing the liberty of any individual, he must
le entitled to the benefit of all doubts; but
/ this case, Waggoner is denied the privilege
Is proposing doubt.
% JAMESTOWN RAILRoAD.-The City Count
= last night repealed the seventh section of Il
e ordinance, passed some time since, charteriI
s. the jamestown Railroad Company. tt
If. section in question required the Company
- pay per capita tax on the passengers carrie
III and which is unjust in its operations, al
40 should never have been incorporated in I
I'd street-railroad system of any place. o
a Council has taken a sensible view of the ms
ter, and profted by the mistakes of the
neighbors.