Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-01-22

COMMISSIONER.
At nine O'Clock, the hour set for hear
ing on the writ Of Habeas Corpus, in the
case Of the fugitive slave Lucy, consider
able crowd was gathered about the jail and
courthouse. Special police were appointed
to maintain order and to guard the entrances
to the jail yard and tine courtroom. At
about 10 o'clock Judge Tilden appeared,
and at once assumed his seat and ordered
the girl TO be brought before him, which was
effected without disturbance. Court having
been convened, Judge Tilden proceeded to
deliver his opinion as follows;
This is not case in which question Is
made as to the right Of the o. S. Marshal
for the Northern District of Ohio to retain
in his custody this woman Lucy = = fugitive
from service, but it is, IS 70 the right Of the
Sheriff Of Cuyahoga comfy, to restrain her
Of her liberty by imprisonment in the
County Jail.
The fiends Of this woman have insisted
on making this question IN her behalf, and
the writ Of Habess Corpus has issued ss
matter of course And the Sheriff, in his
return % this writ, informs the Court upon
what authority he has imprisoned this Wo-
man. By this return, we are informed that
one William Goshorn has made oath before
Bushnell White, Esq, one of the United
States Commissioners for this Federal Circuit,
that this woman Lucy Is his slave under the
laws of Virginia, and as such escaped into
Ohio from the State of Virginia, and that
she has been arrested and brought before
this Commissioner for en- examination, and
which examination was necessarily post
poned for the want of witnesses until the
2lst of January next, and that thereupon
this Commissioner issued his mittimus com
manding, in the name Of the United Sta es
Of America, the Sheriff to receive said Lucy
into his custody, and her safely keep in
the Jan Of the County until discharged by
due course Of law. To this is added the
command Of the Marshal to receive and re-
tain this woman in the jail.
Had this United States Commissioner any
authority for making this order? IF so,
that authority was conferred upon him by
some legislation Of the State of Ohio.
By the first section Of q statute of Ohio,
which took effect Dec. 20, 1905, it is provi-
ded "tsat the Sheriff, OF keeper Of every jail,
IN any County In this State, shall Be, andAe IS
hereby authorized and reguired to receiUs al
prisoners committed to his custody b. the aW-
tko7Ity Of tie United States, and to keep them
| safely Until discharged 9g das course Of lalv"
| Of the same.
It will, Of course, be readily conceded,
that q person arrested as a fugitive from
service, is prisoner within the meaning Of
this statute, and any process issued by an
| United States Commissioner to the Marshal
Of the District, commanding him to deliver
] such prisoner into the custody of the Sheriff
or Jailor of the county, would have imposed
! upon Sheriff or jailor the duty Of receiving
the prisoner into the jail and detaining
/ such person thsrs until discharged by due
course Of law.
It would seem that the action Of the Com
missioner in the case under consideration
was predicated upon this statute. And it is
/ to be regretted that the Commissioner, in
proceeding in q matter so important and so
/ exciting ss fugitive slave case always Is to
\ this community, should not have been at the
pains to have learned that this statute had
ceased to be law in Ohio, and thus enabled
US to avoid the agitation which necessarily
/ proceeds from the investigation Of the case
now before US.
{" By the act Of the Ohio Legislature, pass
ed April l6, 1887, entitled San act to prohibit
the confinement of fugitive slaves in the
iails Of Ohio, )" 4" it is enacted that it shall be
unlawful to eonfne in prison, or to detain in
/ the penitentiary Of this State, or in the jail
Of any county in this State, &C., any person
or persons charged with simply being fugi-
tive from slavery"
Again, on the 4th Of April, 1859, the Leg
islature Of Ohio passed an act entitled " an
act to amend Sec. l Of an act for the eoTlJils-
/ alent Of persons Under the authority Of the
United States IN tie jdils Of this State, passed
Dec. 20, 1905, and to repeal Sec Of said act. -
By this statute it is enacted that the Sheriff
or the keeper Of every jail in any county in
this State, shall be, and he is hereby author
lied and required to receive all prisoners
committed to his custody by the authority Of
the United States, and to keep them in safe
ty until discharged by due course Of the laws
Of the same"
BY this statute, the law Of 1905 was re-
stored, and i was made the duty of the sher-
IFS and Jailors of the several counties to re-
ceiye and safely keep all prisoners commit
ted under the authority Of the United States,
Including fugitiYes from service1 in the jail
of their county, until discharged by due
course Of the laws of the United States
Again, on the 26th Of March, 1880, our Leg
islature passed an act entitled an s. Act "a
orovide for the con JfaeMent Of prisoners under
TIE Ia,Os Of the United States IN the jGlLs o
this State, and TO repeal certain acts therein
mentioned"
The first section Of this act provides thai
the Sheriff or Keeper Of every jail in any
county Of this State, shall and he is hereby
authorized and required TO receive all pris-
oners charged lDiH crime committed TO his
custody BY the authority Of the United States
and to keep them safely until discharged BY
due course Of the law Of the same. The sec
ond section Of this act repeals the amenda-
tory act Of 1859 and also the law Of 1905.
have recited all the legislation of Ohio
upon this subject, and from this it will bC
seen that under the ststute Of 1905 all pris,
oners under the authority Of the United
States (of course including fugitive slaves
could be imprisoned within the jails Of thil
State.
By the statute Of 1857 such imprisonment
: of fugitive slaves was forbidden, and the US,
Of the jails for such purpose prohibited. In
: 1859 this last law, the law Of 1857, was re.
pealed, and the law Of 1906 amended, and il
} effect revived, and the jails again opened fol
the imprisonment Of fugitive slaves.
But again: in March, 1850, the statute o
1905, as amended, was again repealed and
new statute regulating the confinement 0