ght 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 w
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