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 Brown. She appeared greatly depressed and dispirited. The little infant, Silla, was carried by Pfc. Russell, the door-keeper of the United States Court, and was crying violently. Pollock, the reporter of the proceedings in the United States Court, conducted another of the fugitives, and all were safely lodged in the omnibus, which drove down to the Covington ferry-boat; but, although a large crowd followed it, no hootings or other signs of excitement or disapprobation were shown.
On arriving at the Kentucky shore, a large crowd was in attendance, which expressed its pleasure at the termination of the long proceedings in this city by triumphant shouts. The fugitives were escorted to the jail, where they were safely incarcerated, and the crowd moved off to the Magnolia Hotel, where several toasts were given and drank. The crowd outside were addressed from the balcony by H.H. Robinson, Esq., United States Marshal for the Southern District of Ohio, who declared that he had done his duty and no more, and that it was a pleasure to him to perform an act that added another link to the glorious chain that bound the Union. [What a Union! For what "glorious" purposes!]
Mr. Finnell, attorney for the claimants, said he never loved the Union so dearly as now. It was proved to be a substantial reality.
Judge Flinn also addressed to the crowd one of his peculiar orations; and was followed by Mr. Gaines, owner of Margaret and the children. After hearty cheering the crowd dispersed.
Further to signalize their triumph, the slaveholders set on the Covington mob to attack Mr. Babb, reporter for one of the Cincinnati papers, on the charge of being an abolitionist, and that gentleman was knocked down, kicked, trampled on, and would undoubtedly have been murdered, but for the interference of some of the United States Deputy Marshals.