Presidential Candidates:: Containing Sketches, Biographical, Personal and Political, of Prominent Candidates for the Presidency in 1860Bartlett, D. W. (David W.)
History
Presidential Candidates:: Containing Sketches, Biographical, Personal and Political, of Prominent Candidates for the Presidency in 1860
Bartlett, D. W. (David W.)
Statesmen -- United States; United States -- Biography
"While thus imprisoned under the legal process of a State court,
for the highest crime known to our code, a writ of habeas corpus
was issued by a judge of the District Court of the United States,
requiring their production before him. The writ was obeyed by the
sheriff, and, contrary to all expectations, and in disregard, as I
must think, of principle and authority, the prisoners were taken
from his custody by order of the judge, and, without allowing any
opportunity for the interposition of the State authorities,
delivered over to the Marshal of the United States, by whom they
were immediately transported beyond our limits. The alleged ground
for this action and order was that the indicted parties had been
seized as fugitive slaves upon a Federal Commissioner's warrant,
before the indictment and arrest, and that the right to their
custody, thus acquired, was superior to that of the sheriff, under
the process of the State. This doctrine must necessarily give
practical impunity to murder whenever the murderer may be seized
by a federal official as a fugitive from service before arrest for
the crime under State authority. Imputing no wrong intention to
the judge, I am constrained to add that his proceeding seems to me
an abuse, rather than an exercise, of judicial power.
"A similar case occurred more recently in the county of Champaign.
Several deputies of the federal marshal having arrested certain
citizens of this State for some alleged offence against the
Fugitive Slave act, a writ of habeas corpus was issued by the
probate judge of that county, requiring the arrested parties to be
brought before him for inquiry into the grounds of detention. The
sheriff of Clark County, while attempting to execute this writ,
was assaulted by these petty officials and seriously injured,
while his deputy was fired upon, though happily without effect. A
warrant was issued by a justice of the peace for the apprehension
of the perpetrators of these offences. This warrant was duly
executed and the prisoners committed to jail under the custody of
the sheriff of Clark County. A writ of habeas corpus was then
issued by the same district judge who had interposed in the case
of Margaret Garner, requiring the sheriff of Clark County to
produce his prisoners before him at the city of Cincinnati. This
writ was also obeyed, and the prisoners were discharged from
custody by the order of the judge, on the ground that being
federal officers, and charged with the execution of a federal
writ, they had a right to overcome, by any necessary violence, all
attempts made under the process of a State court, to detain them
or their prisoners, even for inquiry into the legality of the
custody in which those prisoners were held.
Public-domain text, read in full here on John Shaqi.
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