Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-01-13

behalf Of the Captain: They stated that no per-
son was more DESTROYS than their client, that am
pie justice should be done; that he possessed all
the feelings common to Pennsylvania in regard
to slavery. but that IN the case before the Court,
he felt it his duty to protect HIMSELF If possible,
from the consequences to which he might be sub
jected, if he returned to New Orleans, without
carrying back with him the girl. They argued,
that the Captain obtained the girl by no wrong
act of his; she voluntarily placed herself under
the charge of the Captain-in fact, forced him
to assume the care of her.
The laws of Louisiana subject any person car
ryiny away a slave, 10 not less than 8 or more
than 7 years Imprisonment, and to damages. -
To this he must expose himself by the act of the
reator. case reported in 18th Sergeant and
Rawe's Reports. was cited for the purpose of
showing that the Courts have exercised the right
to Judge whether it is proper to be governed by
the strict letter of the habeas corpus act or not.
1t was further conteuded, that the constitution
Of the United States has guaranteed to the OWL
ers of slaves the possession Of them, in despite
OF any state laws. This fugitive is to be view
ed in the same light as criminal flying from
Justice, whom our Courts would detain for rea-
sonable time. till duly claimed.
There is not one case in fifty, in which the
ice, is pursued bv application of the governor of
our state to that of another.
The question is. whether the Courts of this
State will not aid the Courts of other States in
retaining tugitives.
Capt. Rogers has not the authority of an agent,
according 10 the letter of the act Of '26; but cir
er, and the Court should grant him time to per-
fac Jfv 1ha haSf fare
ed Capt. Rogers to assume an agency.
Capt. Rogers tenders any security the court
may require. that the prisoner shall not be re-
moved. if allowed to remain in his custody for a
reasonable time.
The prisoner having intruded herself into the
Captains possession, and having admitted that
she was slare, it was urged that it would be no
violation of her personal liberty TO return her to
her master The restraint was lawful one.
After the verv interesting and ingenious re-
marks, (of which the above is mere abstract and
an imperfect sketch) of Messrs. Dunlap and
Chauncy were concluded, the recorder having
stopped Messrs. Cope and ID. p. Brown on be-
half Of the prisoner. remarked; That he was pleas
ed in listning to the able and ingenious argu-
ments of Messrs Dunlap and Chauncy, but they
could not convince him that he had any authori-
ty to letain the girl: that the act Of congress and
our act of assembly prescribed precise mode OF
recovering fugitive slaves, which must be strictly
pursued. that the case of slave differed essen
TALLY from that of criminal; that in the latter
case the presumption always was that the cu'prit
is supposed to assent to the laws of the State in
which he lived; this could not be supposed in the
case of slave. In the case of apprentices. where
child with the appreciation Of his parent. had
consented to surrender portion Of its liberty. it
flaw was afterwards discovered in the linden
ture. such child could not be held to servitude.
The Court could not consent that the Captain
should hold the girl, suntil he receive powers to
confirm his authority as an agent of the owner,
which authority he wished now to assume. The
girl had not placed herself under the protection
Of the Captain, had merely secreted herself
on board ofhis ship, for the benefit of passage.
As we'll might stage driver lay claim to the Gus
tody of any one who had privately jumped into
has coach while at tavern, or on the road. His
honour regretted the unpleasant situation in which
Captain Rogers might be placed on his return to
New Orleans, but he felt bound under the cir
cum stances Of the case. to discharge the girl.
The prisoner was accordingly discharged.