Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1861-01-26
ANTI-sLAvERY CONVENTION.
JUDGE TILDEN's DECISION.

1.-THE following is Judge Tilden's decision in the
case of the slave Lucy, brought before him on
writ Of habeas corpus.l
Tits is not a case in which a question is made
as to the right of the u. S. Marshal for the North
ern District of Ohio to retain in his custody this
woman Lucy as a fugitive from service, but it is,
as to the right of the Sheriff of Cuyahoga county
to restrain her of her liberty by Imprisonment in
the county Jail.
The friends of this woman have insisted on ma
king this question in her behalf, and the writ of
Habeas Corpus has issued as a matter of course.
And tho Sheriff, in his return to this writ, informs
the Court upon what authority he has imprisoned
this woman. 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 under the laws of Virginia, and
as such escaped into Ohio from the State of Yir-
ginia, and that she has been arrested and brought
before this Commissioner FOR an examination, and
which examination was necessarily postponed for
the want Of witnesses until the 2lst of January
next. and that thereu2on this Commissioner issu.
ed his mittimus commanding, in the name of the
United States of America, the Sheriff to receive
said Lucy into his custody, and her safely keep in
the Jail of the County until discharged by due
course of law. To this is added the command of
the Marshal to receive and retain this woman in
the Jail.
Had this United States Commissioner any au-
thority for making this order? If SO, that au-
thority was conferred upon him by some legisla-
ton of the State of Ohio.
D.. A. e. -. e 49,
took effect Dec. 20. 1906, it is provided 'phat the
Sheriff, or keeper Of erery Jail, in any County in
this State, shall BE-, and lie is ] hereby authorized and
required TO receive all prisoners committed 10 his
custody By the authority Of The United States, and
to keep them safely until discharged By due course
oflalo' of the same.
1t will, of course, be readily conceded, that a
person arrested us a fugitive from SCI ice, is a
prisoner within the meaning of this I atute, and
any process issusd by an United States Commits
sioner 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 i'm
posed upon the Sheriff or jailor the duty of receiv-
ing the prisoner into the Jail ald OBTAINING such
person there until disch argedbydue course of law.
1t would seem that the action of the Commits.
sioner 10 the case under consideration was predic.
ted upon this statute. And it is to be regretted
that the Commissioner in proceeding in q
} matter SO important and 80 exciting as a fugitive
, slave case always is to this community, should moi
have been at the pains to have learned that thi,
statute had ceased to be Law in Ohio. and thus
enabled us to avoid the agitation which n~ecessari
ly proceeds from the investigation Of the cas-
now before us.
"By the act Of the Ohio Legislature, passeC
April l6, 1857, entitled IAN &C. to prohibit tn
confinement Of fugitive slaves in the jails Of Ohio,
ut is enacted that il shall be unlawful to confp