Year: 1859




The room was dcnslv filed with listen
ers at the opening of the Court at Clevo.
land, yesterday morning, the expectation
that Bushnell and Langston, the two con.
vtcts would be sentenced, having excited a
great interest.


The Leader says, Mr.. Bushnell, who,
with his wife and child, occupied seats near
the bench, was told to stand up. The
Court asked the prisoner if he had any
thing to say why sentence should not be
passed upon him. Mr.. Bushnell intimated
that he had not, and thcrcupon tie Court
proceeded to read from manuscript the
sentence of Bushnell as follows:


1T is at all times disagrceable and
painful duty for the Court to pronounce
sentence and impose the penalty which
the Jaw demands for its violation, The
The discharge Of this duty is peculiarly
painful in dealing with tho class of often
ders to which you belong, who deem it a
praise worthy virtue to violate the law,
and then seek its exultation and defiance.


"a man Of your intelligence must know,
that tho enjoyment of a rational liberty
ceases the moment the laws are allowed to
be broken with impunity, and thereby fail
to afford any protection to society--that il
the standard of right is placed above and
against the laws of the land those who set
u? to it arc anything else than good cti-
zens or good christians. You must know
that when man acts upon any system
Of morals or theology which teaches him
to disregard and violate the laws of the
Government. th't protects him in life and
property, his conduct is as criminal as his
example is dangerous.


The good ord n and we'll being Of socie.
ty demand an exemplary penalty in your
case. You have broken the law You ex-
press no regret for the act done, but are ex-
ultant in the wrong.


1t is the sentence Of the Court that you
pay fine eff $500 and costs Of prosecution,
and that you be imprisoned in the county
Jail of Cyahoga Comfy, for the term OF
sixty days from this time, and if for any
cause your confinement cannot be had in
this County Jail, it will be the duty Of the
United States MAJ sha. to see it carried out
in some other county Jail, u this District"


The sentence was received with quiet,
ness by the prisoner end his friends.


The sentence Of Langston was deferred
unit the July term, as also were all the
other cases. The counsel for the other
prisoners urged very strongly that they
should have speedy trial, to relieve them
from the wrong of protracted confinement
in JAIL but the coaveaience Of Attorney
Beldon and Judge Wilson would not ad.
nit of it. Like their coadjutors, who ex
ecute Slave holders, behests on the planta.
ton, they tire in the application of the
lash, aud need little repose, when they
renew their labors with reiuyigoratcd zeal.


The Herald sass:


The conviction of Mr.. Langston on
Tuesday, can be characterized in no other
way than rank injustice. Having heard
the uial from beginning to end, we were
yri; saCsuine in a verdict of acquitaI. The
Arguments Of counsel did not change that
belief, but when we letcncd to the Charge
Of the Judge, that coniiderse gave way to
doubt; even when the jury went out, We
could not believe they would render a
unanimous verdict Of guilty. But we we've
mistaken.


We were astonished at the charge Of the
Court, for it will be seen, by every one
who reads that change, that while all the
strong points for the government were ex-
hibited before the jury, IN clear and bold
relief, the strong points for the defence
were barely advanced to, (many of them
not even noticed) and those mentioned
were accompanied with such comments us
to show to the jury the bias ofthc Court.
We did not expect any such thing, The
testimony of Lowe and Jenninlls were
treated in the charge as if uucontradicted
and not word was uttered calling atten.
ton to the contradictions even from their
own testimony, to say nothing Of the tcsti
mony Of the defence that directly and fatty
impeachcd those men.


We wish TO call attention TO point of
law, which if law, strikes down all State
Sovereignty and makes Federal authority
supreme, The Court said:


"But when fugitive from labor is cap
turcd and hell in any OF the modes and
under the authority designated by the act
of Congress of 1850, any interference by
tie State authorities has no Justification,
nor can those be justified who invoke their
when they know the iugi i've
is thus held"


BY this decision State Court has no
right even to enquire into the cause ofcap
turc; it is not enough that the Federal
Courts should say the State Courts have
no right to discharge a man from custody,
when, after hearing, it is ascertained that
he is legally held under United States au'
thority, but the United States Court says
the enquiry, even, must not be made
How long will the people of a State re-
main passive under such ruling! viii not
our State Counts be forced for personal lib.
erty, to assert State rights and will no the
people be forced to defend those rights or
yield themselves up TO Federal usnrptaion!


We regret the necessity of making these
comments. We believe that the result Of
the trial of Langston, conducted as it was
with all courtesy and fairness on the part
of the defence. would demonstrate that
prejudice had no part in the proceedings.
But believing as We now do, that the charge
of the Court was n very unfair one--anl