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1, Cy8T'T"TI0NC: PyT, .'P M?'i?A.C.E. & .T. .TRUMENT AM) TRUE OEVOTIQN TO COMMON COUNTRY, .
VOL. 3. JVr ARTHUR, VI IN TON CO., 0. FRIDAY, APRIL 27, 1855: Ti--e ii "-i.-, -t. :r ISO. vo. The M'Artliur -Democrat.! . - .. . . , . j TERMS OF BUBSCFIPTICN ! H,OOiMrs.r,ouim.:2JUyt(iirff.inA: 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 ofthemblhler. 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 tn dnnuvd . 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, . ; Wu. Tati.lb, Jno. Cladk, Sr.. J. Ikof.n, J. Gll.MW, Adam Lynn, llamilpa .FunmciWi Ml. Pleamnt. Ihmison Tiwi hip. Wot rs Siore, YViikestilL. Swan. BUSINESS DIRECTORY, 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. County Commissioners, J. EOWD, J- KINNEY, iV JOHN SY MM, School Exiuuir.rrs, 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. ii I'eyuoliU. Hajidis.-Vi nj.l il!, I). D. T. l'mrd, II. P.. Moore, J. li. Y. 15. WilUui, Win. C, Uleason. 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 bioildurd. . Aikik'b Mim.. J. Pjlocr. li li N 1 T U U E l!0 0 ISI-.S 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 ? McARTHUR. OHIO, YY'ill practice in Y'inton and adjdhiiiiE nu n ties. Ofhce tlin-e doors West oi tl.o Post Oflice. 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 wrt'g Hotel. . Eb. 21. 1654. J 9. JOHN D. KQVEY, ATTORXEY & COLASELOI. AT LAW, 1LB.1Y. TllEAS 10LNTV. 0II1J. Ffbrnary 23, 1655. 4m. E. A,BRAnON, Attorney at Law, McARTHUR, OHIO. ITILL pnetice in Vinton and nil joining w f counties. Ofiice, one door cast of tlie Hue Comer." DR. D U N LAP m i lV'l , CGT Office in Hulbert&Sissons Hotel. McARTHUR, OHIO, 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,, WHOLESALE OUOCL'ItS AND DEALERS IN PRODUCE No. 55, Frost Stbeet, PORTSMOUTH, OHIO. January 20, l&M. ly. ORIGINAL POETRY. [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. SARAH. vi [From the Quincy (Ill.) Herald.] Was George Washington a Know Nothing! 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,-'. v. Ita llilftjn t aa.. e it. IIva a K.a .vlrnul I but hi says it in beautiful language in the following: "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 leget' "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 port." 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 1 1, 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, l "GEORGE WASHINGTON" Important Decision of Judge McLean in the Case of the United States Marshal. 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 order." . 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 cumslances slated." "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 us corpus iu an case ol a prisoui or prisoners 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 hearing, 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 slave. 4 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 Judge. 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 slave. ... 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 $