Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-08-21
NETWORK GENERAL SESSIONS.

NETWORK GENERAL SESSIONS.
This Court was much crowded OIL Saturday,
being sentencing day. The principle objects
Of curiosity were S,ith, who was convicted dur,
ing the term Of stealing in boarding house,
and who behaved in a strange way on his trial,
and Gaines, the black man convicted of ali as
saul, on J. L. Hays. We find the following a.
mong other sentences reported in the Journal
Of Commerce. Ne,r. York Commercial
DAVID GAINES, alias Tom THE SLAVE. On
Gaines being placed al the bar, the usual ques-
lions were put to him, and no one appearing TO
move an arrest Of Judgment, The Recorder thus
addressed him.
"Gaines: You have been tried and convicted
of q very aggra, ated assault and battery, on
Joseph L. HAYS The case has been fully heard;
you have been most ably defended, and every
principle of law and matter OF fac has been
pressed into your favor, with great ability and
zeal. The public prosecutor conducted the case
with much candor and force, and has succeed
ed in getting you convicted of an assault and
battery. You were acquitted Of the intent to
kill, and the finding Of the Jury can be fully
borne OUT. The Court are Of opinion that you
did not intend 10 kill the officer, and what is
very much in your favor, you did not draw a
knife, out wien you were arrested had IL IN your
hand whiting stick This has been made
manifest, and il induces US to believe thai your
stabbing Hays was no, with any malice, bu' on
ly with an intent ofescaping. There ar other
circumstances which mitigate your offeuce.-
But we cannot 2alliate the crime Of srabbing
IL is most pc. nicious practice; and jurors
ought 20 set their faces most slernly against it.
IF he lie IN
conducr, and those nations who tolerate such
practice, do so TO their eternal shame No huS
man caution can guard against it, ard no per
sonal bravery cap protect. An assassin is the
fouIes: murderer, save The wretch who poisoDs
his fellow creatures. Both Of them are upon a
par, and both Of them so bad, that Indignation
is aroused, and the community loudly and pro
perly call down on the offender severe pun>
ishment. His Honor here went through the
evidence. However slavery is deprecated a
mongst US, we are bound by a solemn contract
70 submit 10 the evil. Or the formation Of the
several States into the Union, pledge was CIV
en- to the Southern States, shat their property
should be protected as long as the government
existed. We are therefore bound to act in good
faith. There is no choice for us to make
The Constitution expressly provides for the
case and makes ii TIE supreme law, thai The
Judges shall surrender slave when proof Of his
labor and servitude has been shown. /, is the
duty of judges so 20 act, however contrary to
their feelings; and if they do not adhere TO the
law, they violate their oaIhs and stand perlured
in the eyes If the community. 1t was you, du>
~, Gaines, TO have submitted 10 The Officer
You had been taken once before, and discharg-
ed You therefore knew tia. if you were not a
slave your rights ant liberties would be pro-
tee ed, and those no falsel. imprisoned you,
could b. made severely 10 answer for their con-
duct. You know, and every one who hears me
knows perfectly well, that whoever claims
man TO b. slave, mus, prove the fact before
compeIen, tribunal. When before the magis-
tralt, the case will be fully heard, counsel will
be found TO defend, and Ius,lce will be adminis>
tered. Our Individual feelings are opposed to
slavery-to the loss Of liberty in any mode uf
labor or serviude; but every magistrate is
bound, if proof is adduced, 10 give a man 10
slavery. If magistrate did not surrender him,
he would not only violate his oah but cast al
ind lible stain upon the sacred character OF
Judge. II This STATE refused to give up fugitive
slaves-if she held out the doctrine, that such
property could never be claimed, The Union"
the glory, the honor, and the boas, Of Americans,
would no longer exist Sooner than disturb
such a pledge, would give my life, and SO
would any honest man occupying the Judicial
chair. II grows out OF one of the most sacr-d
compac's that ever was en,ered into, and ought
to be preserved al he hazard OF existence.
have now some words 10 say upon another
pa, OF this case, and the Court expresses them
in repSoof Of Colonel Crane II appears from
his own testimony that he had unlawful wea.
pons en- This man was arrested IA pistol and
dagger. These are p apons which We ough,
not 10 ,:ry No man ought to be armed In
such manner. unless TO protect himself agains,
the designs Of = rufhan He ought never to
have them upon his person in time Of peace,
and above all in a county Of laws. The i'm
proprirty Of such conduct mus' be obvious to
all who hear me. In a momen,ary passion he
might use them-almost unconsciously-an
regret the circumstance to the las, day Of his
life Sad and dreadful are the cases thar can be
enumer at.d, and sincerely hope that the Co.
r