Year: 1861

on the oath Of Ambush, that she was un-
justly detained and illegally restricted oiher
liberty. The writ was served about noon
upon the Sheriff and JailOr. Al the ap-
proach Of the hour set for the hearing, the
crowd greatly increased in numbers, nd the
negroes gathered closer around the Jail yard,
and with threatening looks openly affirmed
that the girl should not be allowed to be re-
turned TO the South. Upon the opening of
the criminal court room, the rush was inn
mediate, and in a moment every seat was
taken. Very few eolored people, however,
were visible among the number, most Of
them remaining as if by precOncerted plan
outside the building. Judge Tilden having
taken his seat enquired of Mr.. spaulding if
he desired the presence of the girl, and was
answered "not unless demanded by the other
side" She was not therefore brought into
court


Judge spaulding then arose and said;


May it please your Honor, so far as the
Habeas Corpns is concerned, l only propose
To enquire into the right of detention By the
bueilu OF lhlAoIl anu i bnhAA SAaAAA tlAass ny
mako no show for OBTAINING, by the
return. This return is, that they
hold the prisoner by virtue Of law
of the United States, known, of course,
but not known to the laws Of Ohio, because
she is a fugitive. deny Mr.. Whites right
to direct any precept 10 the Sheriff at all,
or TO control the jail for any fugitive.
think need only refer to the Ohio laws on
jails, and how far they may be used. (Read
from Swan and Critchfeld, p. 749, sec. 1. Of
a law passed in March, 1850, limiting the
use Of jails by the United States to crimi-
nals.) The commissioner exceeds his duty
in placing her in the custody of the Sheriff,
for this law makes it necessary that persons
should be charged with crime. Must l in
quire if this be g crime? 1t is nowhere ven
tured to call one escaping from slavery
guilty of a criminal act and hold it a mis-
nomer to call fugitive a criminal, though
he breaks away from a thousand Marshals
I hold that jails are made for criminals
alone (for you can't imprison debtor), and
l hold that the Sheriff has no right, even by
the fugitive law of 1850, to retain in custody
an escaped slave. When the question shall
be fairly made before United States officers,
much as I abhor the system, 1 shall feel it
incumbent upon me to yield obedience to
the law, even though that law is contrary to
al my feelings. DuL Lub ldl4 Is uut put llto
the Sheriff E hands to incarcerate any body
as matter of accommodation, and if the
Sheriff holds this woman, it can only be as
matter Of comfy towards the United States
Marshal.


Judge Tilden inquired of the Sheriff if any
one appeared for him. Mr.. Craw said that
there did not that he had supposed the re-
turn made upon the writ was sll that was
necessary. Judge Tilden continued and
said:


desire to proceed with great caution in a
case which has excited so much feeling. l
have an adherence Of slave law, but I have
no idea of yielding TO this feeling in the
least, and desire to take little time to
consider this question, that 1 may make no
mistake. It has been said in all quarters Of
the country that this city is disloyal to law
and order, and believe that in that quar-
ter of the Union that oftenest makes these
charges, if we ventured to express our feel
ings, that our lives would not be worth an
hours purchase. But I enjoin it upon all,
aud especially upon these colored persons,
that they wait for the sure and certain relief
which law can afford, and hope that they
will do their duty and remain quiet.


The Court then adjourned until 9 o'clock
this morning