1, Cy8T'T"TI0NC: PyT, .'P M?'i?A.C.E. & .T. .TRUMENT AM) TRUE OEVOTIQN TO COMMON COUNTRY, .
VI IN TON CO.,
0. FRIDAY, APRIL 27, 1855:
Ti--e ii "-i.-, -t. :r
The M'Artliur -Democrat.!
. - .. . . , . j
TERMS OF BUBSCFIPTICN !
ur. &2.00 will be charged. I
Tlusc Terms must be strictly complied
wirt, and o paper vill be dhcantinnrd until
ml irrmriitM -r nniJ. ,.!, f f ni f
TEEMS OF ADVERTIE1KO.
OCT One squure, thirteen Una or lntf.nl
three insertion- 1 00
A'acA additional insertion- 25
Cards one tar,. 63,00.
tiucruf deduction it ill be made to jitr
ions advertising by theytor.
All ndrerlisiments puyuhlc in advance or
. Agruts for lite '.'XrJrlliur lt mortnt."
Th following Gan1lmn 1U Eccilva ard Eeoeipl
foi-abf orptiuna and AdrcrtlLtmti, for iLU la
far, in Vimon County. Okie.
TriTOlS t'OX, . ;
Jno. Cladk, Sr..
Ihmison Tiwi hip.
Wot rs Siore,
FOR VINTON COUNTY, OHIO.
U. P. HEWITT, Judge ol Probate Court
W.L.EDMISTON.CIerk Com. Pleas Court
li. F. BINGHAM, Prosecuting Attorney.
Wu. T1SUE, Slieriir.
JOSEril MAGEE, Auditor.
J. SWEPSTON, Treasurer.
JAMES M ALONE, Rotoider.
KELSON RICHMO.My SurvtM ci.
GEO. ULLOM, Coroner.
J. EOWD, J- KINNEY, iV JOHN SY MM,
O. I. CUNNING. G. W. SHOCK l'.Y und
E. A. MiAVION.
IKON F D K JN A(7k ,
Willi their Tost CH'.ie Aiiiess.cs.
CiNfiSKATi Fiiace. YYeslfnll, Ste v-
rt if- Co., llair.clti:. Rctds Mill i'. 0.
Eaule Fuiisace Sianley. rpialcy (
Co., Maim fui Hirers of llm tie e t (iitliiy
cf Pig Iron. Euglo Tost Ollite.
Vibtom Fuhkauk, Me lis, Clarli & Ci.
Manufu tliuers of best quality uf Piy,
lion, Vinton FtiuiiMf 1'i.ft Oilier,
HaiPEn Fuusace, Fiuzr j, Tuir &. Co.
T.ped's Mill Post Otlii e.
l!io SA'nu Fuii.nal):, l'u r t ! 1 1, JJ-j nu
Co., Manufacturers ol tlie lifst quiility
ol Pig Iron. Post OlK'tc at Alheno, O.
Merchants cv Vinton, viioaiik
raalaiiin Ii; Gotda Kuiih,in.,X.r.ociii- Bcott,
fclioti, Oroiviio., iu,
McAktiil'ii. Jflin S. Ikuli, J. I . iy 1
YVill, T. A. MaiMi, (.win Lt vt!, J. t. V.
Hiown. Win. lint", J'. .1. l ii in ii.
J. & E. Doilge, Uevilt v ljuxi.--, tjlnul.v.
Hajidis.-Vi nj.l il!, I). D. T. l'mrd, II. P..
Moore, J. li. Y. 15. WilUui, Win. C,
WiLKttviiLK. S. S. Minry, Ji.l.n Cillcn.
Cline or Gurilni'i, Fi :oi, iS. I.ufct U- , Jtum;
lili-ukely. Carr &. Stroiw.
Alukkville. ftir Miller, Man Mil-
If r, Joeejiii Wilcux.
" Mt. I'lkai-ant. Pl:illi) Sain.
PnAiTtviLLE. BwejiHon (Si. bwt i tton, II . YY
Aikik'b Mim.. J. Pjlocr.
li li N 1 T U U E l!0 0
Mo Vrtiiur. K. V. Bolluvell.
"MrAinmu G. 15. Yill.
Uajidkk. Davis & Collins.
YVii.Kitvu.LE. Clini' & Guiilnrr.
EOOTJN I) SE0 E SI O RES?"
McAnTiiUii.-J.G. Swetland. 15. C. Co;'sve "
E. F, BINGHAM
Alio r i.c at Law
YY'ill practice in Y'inton and adjdhiiiiE nu n
ties. Ofhce tlin-e doors West oi tl.o Post
Feb. 9. 1S52. 31 tf
HILTON L. CLARK.
JOHN P, rLYl.K
CLARK AND PLYLEYj
AUoruevs at Liftv.
McARTHUR, OHIO. .
nrin . i
in juaciicc in pannrrMiip in unon t nun
ty. Ofiice, lour doors east oi Siston & liul
. Eb. 21. 1654. J 9.
JOHN D. KQVEY,
ATTORXEY & COLASELOI. AT LAW,
1LB.1Y. TllEAS 10LNTV. 0II1J.
Ffbrnary 23, 1655. 4m.
Attorney at Law,
ITILL pnetice in Vinton and nil joining
w f counties. Ofiice, one door cast of tlie
DR. D U N LAP
m i lV'l ,
CGT Office in Hulbert&Sissons Hotel.
Feb. 16, 1855. 1.
R. LLOYD & CO.
'aVIiolesnle Dealers in
BOOTS, SHOES, DATS & L EA TflEB
FRONT STREET, PORTSMOUTH, 0.,
January 20, JS54. 1y
CUA8. A.M. DAMABIN.
LEWIS C. DAMARIN.
CKAS. A. M, DAMARiN & C9,,
AND DEALERS IN PRODUCE
No. 55, Frost Stbeet,
January 20, l&M. ly.
[For the McArthur Democrat.]
MAN'S FREE AGENCY.
THE DEVIL & CO.
r,, ,. .,t .....,,., m 1
T,nZ i W,Ute'
. . ,L r L.h 811 1 f00'. rough ud polite;
,e oia una young, the bond and free,
I know you're loud of Fashion Be.
Religion now the faUiion U
You all can &el it wheu you please;
I'll u-ll you h Uu.it was found out
This luthiun was so easy got.
You know it was in old times said,
When Ailaiu and his Ee was made,
A pautlicr came and found them blind,
And talked unto them very Hind. "
Yea hath God sfiid, ye shall nut eat 1
Ol that tiee which ol all's most sveet;
(H,you eat iV, God well tlortFimovr, .
As G'td's you'll good fiom evil know."' -;
Eve saw it pleasant to the eyes, .
And inuib conduced to make one wiis
1'licii she look and ale of the tiee,
Ami ,ue to Adam, then bo:h did soe.
The preacher said lliey should not dio,
Old luiliion'd folkisiiid he did lie;
IJiit v. hut ol that, they are but lew
To others loud of luminous new,
Thut God did say, we don't deny,
ike djy man eats, the same shall die;
l;iut none believes but that base few,
ll;e icucl.er Uutowi aud told what'g true.
Yui;l,l anyiiiunof common senSo
Sy mini Ins ,yer hud loat Iroui llience;
l i.cy then iiul live and see you know,
'iVi.j v uv, cujUI do. and Sucan vim.
We Know there uieeome old "hard heads"
Say truth dct'ures that men are dead,
l'liut Oiiiy v.us put there i.o liiht
liud loika ihul aieal uiul sweur and fight.
Pitacheis can now, as well as tlwn,
Deny the truth, who duie who can;
Keliiou get lur other's loo,
L imer Uieaiin I'.cre's iiultiin new.
W hat was, Is now, as it was then,
A iiil will be until time ahull end;
So il we cuu Urn neuUulget,
YVe'il ;u. the world coavetted yet.
Ajjiiiii those iron jdcl.cts say,
'li.iii lor tlie uorai Cln iat Ui'd not urav: '
Lint only those bis lather gave
Uutul me worid them he would save.
And then it ivus with us amen,
And tuy we are not born ajnin;
ihuliioue but biiiided lahuielites
v uukt ao like druoinj ungels light.
Those cursed mid as we do hate.
'Ihcy pi) lit'jiy tor ili. adlul late;
ie 1.01 tl ibiuu til the time druws near
W l.tn liie and l,.ol they shull share.
Suih l.iile-Loi.nd fools if they liad eye '
Mii-ht sie ilieir doctrine was dispised;
li) u 1 1 ilieyjod iii w Jushion'd saints
ll ever) w l.eie j olau against,
Th" uld preacher planed for us all right,
I low v. e ihinild pieuch and prosolile;
!m) use lor us losiiid our hieaili
With Uii.t-e ollaiiuiiugs of the earth.
You iiiib!.laswc!l ure sloth or snail,
lirreusua with w hill w ind or hail,
Aa those -hard Leads" and '-iron sidcn,
ll.ey only know Christ's crutilied.
We can revivals make at will,
Our chuiclies wi'h goi'd Chiistians fill;
We 1 nuch then as times, doth suit,
Ui.r t luiis most iully execute.
W'e preach the devil, death and hell,
And lnaiiy liighltul sloiies tell,
A till iiuie il.tin witli hard stamps and frowns,
llieu leuve the pulpit and comedow n.
Now brellntn begin to pray!
Shim: wulk ihis ami some that way.
W aleh well each head you see hung down;
spy them most shaipthut i.earsnown.
If you see one hr r head ddih nod,
If it's to laugh or sleep, no odds,
Under her bunnet smiling peep
And try youi best tu make her weep.
Ask if religion she would ge',
II she st)s.es. then druw the net:
It you shall have; arise, go hence,
And set upon the mourners bench;
Or to the altar quick repair,
Ne.ul down, ami hang your head when there;
I5e sure to olten w ipe your eyes,
No odds il they be. vet or dry.
God only aslig of you your best,
II all you can't he'll do the rest;
it's all ihe tame if you but try,
As il you couid not help but cry.
Then to the pet, one sly must trot,
To a-k il she's religion got:
LVar creature htfs it not tome vert
1 gueiis not 1 can't iiuite tome it.
Now something queer creeps on my back, .
And 1 leel goal ihiuk you it's that?
1 think it is, but tho' it's not
ouaurely shall have it it you shout.
Then up she springs and out she roars,
Then down she'll spiead upon the floor!.
Now brethren shout glory! Amen!
Another soul is born again.
Soon othera will begin to come,
Some I ran lie others to have lun.
Uloiy! ll.ey now aie coming more;
Amen, they now Hock in by score.
Then hallejah all a ill sound,
A ml lire lrom heaven w e II 'call down.
Duwn we'll the devil's kingdom tear,
And bring the great inilennium near.
Come Lrrtd, more power, now amen,
a nu eacii one play vatcl! who can.
Lest many lull irum grace, some will,
1 uee new revivals we oil must drill.
One says 1 see a hardened wretch,
I'll go "and try him too to fetch.
Will vou w ith us to heaven eo?
The lellow bluntly answers no! -
Then you shall surely go to hell,
w 1 tu apes and with liobaoclins dwell-
You are now standing 011 the brink,
And toon amongst th damned w ill link!
Anil now is the accepted fime,
Anotlier you shall never End; ''
If you refuse this offered Rrace,
With fifnds iu hell you'll find your place.
1 . . 1
Yet impudently h replies, -
"1 care not for your threaUand lies!"
You're a hard case I'll leava you now
TouV-i scarce worth saving auy how. .. , .,
So soma we coax, and gome we scare,
And Others we convert by praier;
But tome like this hard case 1 had,
Have not good sense, and cau't be scared.
We now have pto'ved bv what we've said.
That men alone by works are saved ;
1M.- I ..!! .1... .... .
i no imiuci iuiu 11m iruiu we see,
Auu we his fuiihful serf aula , .
. . .. v. -. : .
Now we'll march round Jerusalem.
Call' volunteers, come good lieart.coine;
We then dismiss with kiss and snueeze:
Glory! Amen, to limes like, these.
[From the Quincy (Ill.) Herald.]
Was George Washington a Know
One of the most prominent, and vet
most ridiculous claims to public favor
set up by the new order of prosepptive
zealots known as know nqthings.is that
oeorge Washington, the l ather olhis
country, was in feeling and spirit and
principle a know nothing that lie was
an enemy of religious liberty 'and hos
tile to the emigration of foreigners who
come here to support, uphold and de
fend republican institutions" As an
evidence that Washington was hostile
to the adopted citizens,'the "papers in
the interest of this illiberal order quote
I, !.- I... I .r .1
m,u accp aiauuilig dl tlie llfUU Ol UICIT
columns, an order given out by him to
his under officers on the eve of the bat
tie of Yorktown. These know-nothings
tell us that Gen. Washington said
on that occasion, to his subordinate of.
ficer, "Put none but Americans on
guard to-night!" Now.perhapshe said
hat, and then again, perhaps he didn't.
History lumishes no evidence that he
ever used those woids. But suddosp
he did. He didn't tell them to put none
but native Americans on guard! He
didn't tell them to put no man on guard
who was not norn 111 tins country! He
didn't tell them that if (hey overtook a
true-Hearted American citizen, who
happened to have been born in Ireland
or liermany, they shouldn't put him on
guard! That Washington did not in
tend to exclude adopted citizens frorn
the responsible service of guard duty
that night, by the remark attributed to
him, is proved clearly by the fact that
only a j ertr or so alierwards he defined
unequivocally what he understood to
be an American,!))' signing and approv
Ing a'naturalization law, under the pro.
visions of -which any foreigner might
become an American, and enjoy all the
rights enjoyed by any'other American,
after a residence ol two years in the
country. -It is.perfectly clear, therefore
that W ashington,'if 'he ever made use
ol the expression, did not mean there
by that a Tory should be put on guard
simply because lie was born in this
country, and that those who happened
to have been born elsewhere, should
not be. put on guard although they had
served nearly seven years in the cause
of American liberty, upheld and vindi
cated the honor and rights ol the Amer
ican ilag in-ft hundred battles, and by
their devotion to the American causp,
upon all occasions and under all circum
stances shown themselves to be as true
hearted and patriotic Americans as any
of those who-happened to have been
born in this country. When Washing
ton spoke of Americans, he meant pre
cisely 'what we mean now a days when
we speak of Americans, he meant,
simply, men who had American hearts
in them, and men whose attachment
and -devotion to the cause of American
liberty was undoubted, whether they
were Dorn in uus country or elsewhere
But there is no occasion or necessity
for argument to ascertain Washington's
position upon the question of religious
liberty and the rights of foreigners.
He has left a daguerreotype of his
whole mind upon these subjects upon
the records ot the country. -To those
records we turn. We take up the life
of Washington, and turn to page 197,
and we tJ??re find him giving utterance
to the following sentiments, in an ad
dress to the Catholics, delivered by
turn in Warcn, nw. . .
"As mankind become more liberal,
they will be more, apt to allow, that all
those who conduct themselves- as wop
thy members of the community, are
equally entitled to the protection of
civil government. 1 hope ever to see
America among the foremost nations
in examples of justice and liberality.
And 1 presume that your fellow citi
zens will not forget the patriotic part
which you took in the accomplishment
of their revolution, and the establish
ment of their. government or the im
portant assistance which they received
from a nation in which the Roman
Catholic faith is professed."
We find here no hostility rm the part
of Washitwton to trne Catholics. On
the contrary, he acknowtedges "the
patriotic part' which they "took in the
revolution." Agaij on another occa
sion, Washington laid:
"The Irisli' volunteers merit the
warnest thanks of America lor their
patriotism; and'l hope their cotmtry.
men who have so long struggled lor
liberty, will be hospitably and cordi
ally received hero."
All, but, say the know nothings,
fr.. 1 . ...tI.
vas.iingion aoes not say nere tiiat lie
,nnl,l fn;,... I. ,J.r
nwM.f oiiu iisi.u u Wllidia aw
..i. 1 i 1 : 1 c. .ii,-'.
Ita llilftjn t aa.. e it. IIva a K.a .vlrnul I
but hi says it in beautiful language in
"The bosom of America is open to
receivV, not only the opulent and res
pectable stranger.but the oppressed and
persecuted of all nations and of all re
ligioiif, whom w'e shall welcome to a
participation in all rights and privi
"Atactica was, not only opeu to re-m-e'-lue
"oppressed and persecuted ol
ail nations, said Washington, but af
ter wa have received ttlein, ho adds,
"WK. SHALL WGLCOAIC THICK TO A PAR
TICIPATION IN ALL RIGHTS AND PB1VI-
loks" among which, of course, are
included the 'right' to vote, and the
'privilege' of holding office. We de
light to quote from Washington, for he
alvviyB talked like a man with a head
on him and a heart in him, and like a
true hearted American patriot and
statesman should talk. Take from his
writiii2s,then,anotlier extract, in which
his opposition to the illiberal and pros-1
criptivs doctrines of the know nothings
may ob cieariy seen;
" 1 he citizens ol the United States
of America have a right to applaud
themselves for having given to mankind
examples ot an enlarged and liberal
policy a. policy worthy of imitation
All possess alike liberty ot coiicience
and immunities ot ci'.izettship. It is
now no more that toleration is spoken
as it it were by the indulgence of one
class ol people that Another enjoyed the
exercise of their inherent natural right,
lor, happily the government of the
United States which gives to bigotry
no sanction, to persecution no assist
ance, requires only that they who live
under iu protection, should demean
themselves as good citizens in giving
it on all occasions their eilectual sup
With all these noble and patriotic
and truly American sentiments upon
record, is it not absolutely ridiculous
in the' know nothings to pretend tlrat
v asiungton, it he were now living,
woultf sanction their odious, anti-A-merican
and proscriptivetlogmas? He
repudiated,their dogmas while he lived,
and lest the influence of his great name
and his patriotic service should be per
verted in alter time by demagogues and
by the foes of liberal institutions to
the prejudice -of-religious liberty and
a liberal policy toward adopted citizens,
he wrote down his convictions and has
left them upon recordgreatly to the
discomlituie of the know nothing big
ots. But, lest we should make this
article unnecessarily tedious, we will
close it with but one more extract from
ashington. To show the exalted es
timate he placed upon religious tolera
tion, in the benefits of which he would
restrict no religious denomination or
society whatever, we give below a let-,
ler addressed by him, soon alter he be
came President, to a General Commit
tee of a Church in Virginia:
"Gentlemen, I request that you will
accept my best acknowledgements for
your congratulation on my appointment
to the hrst office in the nation; and the
kind manner in which you mention my
past conduct equally claims the expres
sion of my gratitude.
Alter we had, by the smiles of Di
vine Providence on our exertions, ob
tained the object for which we conten
ded, 1 retired at the conclusion of the
war, with an idea that my country
could liave no further occasion lor my
service!, and with the intention of nev
er enteung again into public life; but,
When the exigencies of my country
seemed to reijuire me once more to en
gage inpublic affairs, an honest con
victioii ot duty superseded my iormer
resolutions, and became my apology
lor deviating frcrth iHe happy plan
which 1 had adopted. It I could have
entertained the slightest apprehensions,
that the constitution framed in the con
vention where I had the honor to pre-
siue migui possibly knbinoesvthk re
ligious rights op any ecclesiasti
cal SOCIETY-, CERTAINLY I WOULD
NEVER HAVE PLACED MY SIGNATURE TO
it; and if I could now conceive that
the general government might ever be
so administered as to render the liberty
of conscience insecute, I beg you will
be persuaded that no one would be
moie zealous than myself to establish
eilectual barriers against the horrors of
spiritual tyranny and every species ol
religious persecution, for you doubtless
remember i have ollen expressed my
sentiments that every man, ronducting
himself as a citizen, and being accoun
table to God alone for his religious
opinions, ought to be protected in wor
shipping the Deity according to the
dictates of bis own conscience.
"While Irecolect with satisfaction
that the religious society of which you
are members have been throughout
America uniformly and almost unanis
mously the farm friends tb tivil liberty
and '.he persevering promoters of our
glorious revolution I cannot hesitate
to believe that they will be the faithful
supporters ot a tree yet elliciefft general
ilemen, that 1 entertain a proper sense
.... . r 1- -f: J
Ul VOUT lei Vrill 11 U 1 1 1 L ,11 1 U 1 1 S W UUU
government. Under this pleniiig ex j
pectation, I rejoice to asuru them tint j
may rely upon my best wishes
erV'Jcsvors to advance their prosper-
itv. In thr mean time Le assured, nen i
. . ' 1
,Cur.a. niiuciniMi luj.iuc-a.
(if .1 1
"I am, gentlemen,
your most obedient servant,
Important Decision of Judge McLean
in the Case of the United
Below we giveeutiro the decision of
Judge McLcib, of Supreme Court at
Chambers, 1n the case of the U. S. Mar.
slial, aiuthed for coin tempt of Court b
Judge Pabkeb, of the Common Pleas,
aud brought, before. JuJge JteLep.' uu
tier writ of kubeas corpus:
Tin United, States, Soothed. Di3
tbict or Ohio Bekobe Judoe McLeas.
Ex parte II. H. Robissos. Counsel
for the motion to discharge, Mr; Pugh;
against the discharge, Messrs Cluse,
Walker and Jollifle. A petition an, I
affidavit of Hiram H. Robinson, Marshal
of the United States for tho above dis
trict, staling that he was imprisoned
uuder the order of '.he Hon. Judge Par
ker, one of the Judges of the Court of
Common Picas lor the county of Hamil
ton, for the performance of his duty as
Marshal, under process issued by a C'jiii
musioiier of the Uuited Stales uul pny
iu'gfor a writ of hubcus cor put was pre
sented, which being granted; the Sheriff
in obedience to the command of the
writ, brought the petitioner into Court,
with the following return:
"April 3, 18?5, for return and answer
10 the habeus corpus, the Sheriff of
Hamilton County Says that by virtue of
an order of the Court of Common Pleas
aud iu pursuance of the command of
said order, he arrested the within nam
ad 11.11. Robinson, and committed him to
jail, as commanded; and that he now
holds him in custody by virtue of said
It appeal, from the facts of the case,
that on the 3dtli of March last an affida
vit of Lewis G. Van Slyke was rnnde t
Judge Purkor, representing hims'-Jf to be
the guardian of Roselta Armstea I, and
that said Roseliu was then held in ille
gal imprisoument by Hiram II. Robin
son, Uuited Slates Marshal, under a cer
tain pretended warrant issued by John
L. Pendery, claiming to sitas a Coinmis
sioner of the Circuit Court of the Uniteil
States for the Southern District of Ohio
lrom which aiiia imprisonment said Ru
se Ita vaa discharged bv onl.-r nf I hp
Honorable Court on Thursday, the 29th
day of March current, in violation of
which said order of this Court, and im
mediately after the said minor was nla-
ced in the custody of the affiant, 'ih,.
said Hiram II. KoDiii30n ug-iin seized the
said minor under the sdini n . t n n l,. I
warrant of said Peuderv, and now hold.-
her in illegal imprisonment, &(;. upon
which alliduvit a writ of habeas corpus
was issued. To this writ the Marshal
made the following return:
'The answer of Hiram H Robinson.
Marshal of the Southern District of Ohio
says that on the 20th.dav of March.
lbD5, Iu wasand erer since has been
Marshal as aforesaid, ilulv apooin'ed
and qualified; thai on ffaid dav a warrant
was delivered to him by John L. Pende
ry, Commissioner of the United States.
appointed by the Circuit Court of the
United Stutes, which commanded him
him to arrest Rosetla, a fugitive from
labor, &c, end that on the 2hh of the
same month In pr&dueeJ the said F.oset
ta belore Ihe Commissioner, us comman
ded, and thereupon the hearing of the
claim, made by Deiiuison, speci
fied insuid wairaiit, was regularly com
menced. -That the heating of the claim hus
been adjourned from day to day and
from time to time, before the said Com
missioner, and that the determination
thereof yet remains to be made.
"That on the 30th of March aforesaid
aud before the delivery to the respon
dent of this writ, the Commissioner ad
journed ihe trial aud determination of
the claim until Tuesday morning, the 3j
day of April, at 10 o'clock A. M... and
that ihe. Commiaaioner did then uitect
the respondent, us Marshal, to produce
ine uouyol ihesunl Kuseita belore him
on the day and at the hour staled, to
abide his determination as Commission
er i;i the piemises.
"This respondent, therefore, respect
fully denies the right and jurisdiction
ofCoinmon Pleas ot Hamilton county to
compel him to produce the body of the
saiu Rosetta belore it, under 'the cir
"It is admitted that before the war
rant of the Commissioner was issued th'
colored girl Rosetla was taken by a
habeas corrus at Columbus. i. Ohio
while passing through the State with the
agent of her master, before a Jude nf
Probate, who deckled that she was free.
and at tho same time appointed 'au
Slyke her guardian.. The seventh sec-
lion of the act of Concress of the 'J.I
March, 1833, provides, "that either of
the Justices of the Supreme Court, or a
Judg.e of any District Court of the Uni
ted States, iu addition to the authority
already conferred by law, shall have
power to grant writs of hub
iu an case ol a prisoui
iujail or confinement, where he or thev
shall be committed or confined on or bv
any authority or law, for auy act done
or omit ted to be done, in pursuance of a
law oi tue uuited Mates, or anv order.
process or decree of auv iud "a or cnurt
thereof," &c. .
.It iscomeuJed that the case under
consideration is not wiihin this statute.
The Marshal omitted to do the act or
dered to be dono. by the ilnuor.ble
Judge Parker, because it would be in ex
press violation of his duty, under an act
of Congress. This Is litemlly Vithiu
ht ' Bui it is alleged ihe Commlj
they isionera ba noiuthority to act judicial
ttii ns was not appointed juJ5e are
re4uueJ to be appoiuieJ by theConiu-
.,; , .. , ,, . k .
I he second section of the second arti-
r 11 1
, f ,1. ...;a. Ill-u
;Cleollt,e Loi stitutioo provides, "l-et
Congress miy by Uw vest the appoio'-
- ' 1
maul of such inferior officers as ther
think proper, in the President alone, in
t!i- courts of law, or in the' heads of da
parlinmits." " . . ,
By the Fugiti vn Act of VSjO. the Com
misaioners appointed by" the Circuit
C juru of the I'uiteJ States have concur
rent jurisdiction With tho Judges of the
Circuit and District Courts of the Uuj
ted States. &c. ...... '
Tii eso Cjinmissippers were, appointed
uuiier the act of 1312; and under that act
they had power to issUa warraat to un
rest person who had committed .oTa
Cfs under the law of the Uuited States
aud, on a
commit them, hold
them to bail to answer, or to discharge
them, as Iu their judgment the la,w, re
quired. f ,
Ttia nature of the duties of .the Com
missioners under the act of 1850 are no,t
ii? principle, different from those wiiich
they previously discharged.. The inqui
ry of a Commissioner or a Judge under
the Fugitive Act is not strigtty whelht
er the person is free, but- whether
he on es service to the claninl. In
its results, this inquiry in iy involve the
liberty of the fugitive; but the principla
applies to an apprentice as well as to a
It must be admitted that this inquiry
is S-ime w hat in the nature of judicial
power; hut the same remark appties ip
tiie accounting departments of the Gov
ernment. They investigate claims, and
deci le on the evidence. The exami
ners iu the Patent Office determine on
the merits and novelty of inventions.
This becomes a judicial duty In everpr
suit bet weeit conflicting patents.
It Is impracticable, iucarryiugou the
machinery of government, to prescribe
precise I ithits to the exercise of execu
tive and judicial powers'. Congress
acts, iu nature of judicial power, in de ciding
upon claims. The . Supremo
Court has had the acts of these Commis
sioners before it. aud has always treated
them as hiviug authority under the la w.
Two grounds are urged by counsel aa
sustaining the juris.liciion of the Stalji
1 Tin', before tha fugitive w'ns arres
ted by the Marshal she was declared to
he.frea by Uie Probate Judge.
'&. Tint the warrairt was defective iu
not stating that the girl escaped from
the S'.alt iu which sha was -held a-i a
It must lie admitted that tho authori
ties are not uniform on the point wheth
er the decision on a Auutius copus is fi
nal. This may be said of the author"'
:ies in this country and in England. I
h ive been myself inclined to think such
a decision should be considered final,
where there was clearly jurisdiction and
i full and fair hearing; but that it might
not be so considered when any of '.h5
requisites were wanting, or when new
and important evidence could be obtain
ed. Some years since, 1 wns Consultel
by a Commissioner on the propriety,
a ftcr a hearing of giving tims to obtain
new evidence. Several uuimpeached wit
nesses swore positively to the identity of
the fugitive. 1 advised that time sho'dba
given, and eventually it was satisfuit in
ly shown that the first witnesses were
mistaken, and that the fugitive .w;as liv
ing iu Canada. This discharged him
l:om custody. -
It would be difficult to find any pro
vision in the act of 1350 under which a
$ta;e Judge can exercise jurisdiction.
the act is special and stringent. Offi
cers aie named iu the statute whose du
ty i: is to act when cases are brought be
fore them. There is no reference to
State authorities' 1 believe, either direct
ly or indirectly. There is nu law id
Ohio which authorizes Slate Jdges lo
act. It is true that the act of 1793 did
authorise Stale Magistrates to exercise
jurisdiction under it, aud that act has
only been repealed so far os repugnant
provisions are contaiued iu the act of
But il 13 not nbeessary to Jhe decis
ion cf the case in baud to hold that the
decision of the Probate Judae was not
final; nor is it necessary to show, that
the warrent had no defects. It may bo
admitted that the first decision on, the
habeas corpus was a bar lo inquiry be
fore the Commissioner, and that the
warrent was defective, but can a State
Judge take jurisdiction on these grounds?
It is the exercise of an appellate power,
which is not given by the laws, of -the
United Slates or the laws of the State.
Suppose these objections had been made
belore the Commissioners, he could
lime considered them.- Iu regard to
the "-arrant, he could have amended it,
if necessary. Bat it would not have
been necessary, The fugitive being in
the custody of the Marshal, with tha
consent an. 1 at the request-of the mas
ter, she was lawfully held for .the pur
pose of inquiry. And as to the itacis;
ion ol the Probate Court, . whether,, it
constituted a bar to the proceedings, it'
was a matter for Ibe decision' of the
Commissioner. . , . .
1 thiiik these grounds are unpreceden
ted in judicial proceedings, except, per
haps, iu the decision of the Supreme
Court iu Wisconsin. That Court ski as
a Court of Errois on the proceedings of
the District Court of tbi Uuited States'.
That case, 1 observed, received. .- high
commeudatioa in the argument- before
the Stale Judge; but as it ijSay come be
fore the Supreme Court for mston, it is
not fit mat I should speak of It iu- re
gard to ine federal powers.: -1 .wilt.
however, refer to the revised itMuteiu
Wiscoiiain, page 730, eec t&. whicheti
thotizes the prisdaa.of the Slate lo $
xml | txt