Year: 1859

chanan and his Cabinet who gravey supposed, or
rather swore, that men at largo were in confne-
men', might also suppose that duty enjoined up
on Probate Judge in vacation, might as well be
performed by him in Term. Be that as it may,
The Judge gravely waited in his Office till late
hour to hear the application but MS there could be
no District Court without Marshal so the U. s.
officials supposed .here could be no Probate Court
without Sheriff, and they declined their appica-
ton till they could assemble the Sheriff. For
some reason they could not End him on Saturday
night and he refusing to be assembled on Sunday.
they were obliged to put the matter over till Mon
day. Pretending to be too scrupulous themselves
to send men to prison on Independence Day, they
sent word to the Sheriff that they should 90 back
to Cleveland to spend the Fourth, and would re-
turn on Tuesday morning. Tho Probate Judge
hearing of this, thought it good time for him too
to go, and accordingly early Monday morning loft
for Painesville. But to the surprise of the Eyria
officers, Buchanan's men early sailed into the
Streets eager to get their clients into Jail, and
finding no Probate Judge, they formally and with
great earnestncss and some oaths, rendered their
charge to the Sheriff in the Street. who respectful


y declined to receive it. To cap the climax of alb
surdty the Marshal with equal formality at once
served upon the Sheriff his great writs of Habeas
Corpus, of which he had 6oasted so much, which
the Sheriff handed to his counsel and proceeded to
Columbia to celebrate the Fourth.


The Marshal and Prosecutor having made them
selves the laughing stock of the town, by their
swells aud blunders, Indignantly left on the first
train, tho prisoners having evidently worse opn-
ION OF their prowess or capacity than Saturday
morning. Monday evening the prisoners return
ed, and with them came Geo. Bliss, who was re-
2uted in Elyria to possess some brains and hence
no antics or street lectures were looked for. But
ho, after trying by fair words to induce the Sher-
if to take charge of the prisoners left with them
on Tuesday morning for the last time They had
by this time unmistakabe evidence that the Elyria
officials were thoroughly in earnest, that they un
derstood their case and were prepared to admin
lister the law and its just penalties. Seeing this
they compelled the U. S. Government, which Of
course must obey Southern necessities, to apply
for compromise. Hon. D. X. CARTIER who had
been employed to assist the prosecution, was the
medium Of communication with the Eorair author


tiles, and they reluctantly consented to nolle the
indictments against the Kidnar pers, upon the dis
charge of the Oberlin and Wellington prisoners
They desired to prosecute as they ,cM yet prose
cute j. another Kidnapper comes citAin their reach
to see whether Ohio laws or federal lawlessness
shall prevail But the knowledge that their
friends were in prison, in the hands of officers who
regard no law, but mpton-like use its forms
as convenient instruments for furnishing political
enemies, induced them to foreeo their present
purpose. Why the Administration should be so
anxious to shield men from the responsibilities of
kidnapping does not so clearly appear. unless, in
carrying out the bred Scott opinion, the crime of
negro stealing is ins:inctly adopted as an Admin
iStration measure.


We were curious to learn what would have been
the reception of regular writ of Habeas Corpus
from the Federal Court had one been issued. We
satisfied it would have been returned aonhout
Me prisoners, and with legal excuse for not pro-
ducing them. This was the determination. though
there was some difference Of opinion on the sub
ject. The difference between Federal and State
writ of Habeas Corpus is very great. The State
is the general guardian of the liberties of its in
habtants. Its Judges are bound to enquire into
all kinds of imprisonments and decide their legal
it5. Their Jurisdiction is general, and no one can
decline to vbey. But with Federal Courts it is
very different. They have Jurisdiction only where
prisoner IS confined on federal process, or for
obeying federal law. Unless IL appears that a
prisoner is Aus confined. a FeGerci Judge has no
5uTSdfctton aohaterer and right to issue the wrH
The Lorain Sheriff would have made return, show
ing by mis- mittimus that the Kidnappers were
confined under process and not for obeying Feder-
a! law for strange as it may seem to those who
have not watched the Cleveland trials these Kid
nappers were outside eveh Of the Fugitive Act,
bad as it is. They could have no protection un-
der it and the indictments were so framed as not
to conaict with it. If Judge Wilson, or Mclean
even, had sought to initiate the tricks of Judge
Leavitt, they would have found different men to
deal with from those who, at Cincinnati, so tame
ly submitted to his usurpatons. Judge Mclean
must have been badly imposed upon by Attorney
Belden to have allowed the writ while the prison
ers were at large He could not have allowed 1t
at oil but for strong federal lying,