for any crime she might have committed in Ohio.
Judge Leavitt’s decision covered the cases of the four adult fugitives. Another legal process was going on, at the same time, before Judge Burgoyne, of the Probate Court, viz.—a hearing under a writ of habeas corpus allowed by Judge Burgoyne, alleging the illegal detention, by the United States Marshal, of the three negro children, Samuel, Thomas, and Silla Garner, which took place in the Probate Court, before Judge B., on the afternoon of February 27.
Mr. Jolliffe said he
represented the infants at the request
of their father and
mother, who had solicited him to save the
children, if possible.
Messrs. Headington and
Ketchum appeared for the United States
Marshal.
Judge Burgoyne intimated that, in view of the serious and important questions involved, he should require some time to render a decision. He intimated, however, that a majority of the Judges of the Supreme Court having passed on the constitutionality of the Fugitive Slave Law was no reason why he should not take up the Constitution and read it for himself, being sworn to support the Constitution of the United States and the Constitution of the State of Ohio.
Mr. Ketchum suggested that his Honor was as much bound in conscience to regard the decision of the majority of the Judges of the United States Courts as the express provisions of the Constitution itself.
Judge Burgoyne said, that however the decisions of the Judges of the United States Courts might aid him in coming to a conclusion, where the obligations of his conscience were involved, he could not screen himself behind a decision made by somebody else.
Judge Burgoyne subsequently decided that, in as far as the Fugitive Slave Law was intended to suspend the writ of habeas corpus—and he believed that it was so intended—it clearly transcended the limits prescribed by the Constitution, and is “utterly void.” Judge B. required the United States Marshal to answer to the writ on the following Friday; and on his neglect to do so, fined and imprisoned him. Judge Leavitt, of the United States Court, soon released the Marshal from prison.
The Cincinnati Columbian, of February 29, gave the following account:—The last act of the drama of the fugitives was yesterday performed by the rendition of the seven persons whose advent into the city, under the bloody auspices of murder, caused such a sensation in the community. After the decision of Judge Leavitt, Sheriff Brashears surrendered the four fugitives in his custody, under a capias from an Ohio court, to United States Marshal Robinson. An omnibus was brought to the jail, and the fugitives were led into it—a crowd of spectators looking on.
Margaret was in custody of Deputy-Marshal