Litchfield enquirer., 1833-09-05


 Cesar, and Le Blanc, ai Mori6O&H, N. J. Those at Hartford wbe executed in she prison yard, oi sight of the multitude who might 0theu wise be dispo- sed IO witness the execution.
 TRIAL OF MISS PRUDENCE CRANDALL. Winiham County Court, August Term, l833-Pres-
 tnt, JGdgss EdtOn, GTi05n and Chase.
 STATE OF cOENEcTIeUr vs. PRUDENCE CRANDALL.
 This was public prosecution against Miss Crandall Sor alleged viOlAOn OG act Oi Ihe Legislature OG the Staie passed at the annual session May last en tilted An act in addiiiO entitled act for the admission and settlement Of Inhabitants Owns The Information consisted of two cOuRts. The first charged that ihe said Prudence CrandalI the 24,h day of June last, with force and arms, in certain schO0i which before that time had been, And then set Op a Canterbury in the county aforesaid, for the instruction of persons o color, inhabitants of this SIaie, wilfHlly and knowingly did instruct and teach, and assist iU nsirucng and teaching cOlOred persons, who, VI the time when she taught and instructed, not inhabtaRis0 of aMy iB tlS State, which said acts were done by the said Prudence CraAAat, with out the consent n writing first had and obtained of a majority of the Civil Authority RRd SeiecImen 6 the said town of Canterbury. within which said school then was iDstrucie against the peace of Ihis SIate and contrary 10 the form and effect of the Statute in such case made and provided.
 The second count charged that the defendant, with force and arms, did wusly and knowingly haEbor and board, and aid and assist in harhorng and bOatting certain culOred persona, who. when so harbored and boarded, were not inhabitants of a"y town ia ti's lesS ,horiiy and SeiectEmeU, Ec.
 Plea, not guhy.
 The fact of insruc,ing colored persons not inhab- lants O the State, and also of boarding them was very fully sMbsanliaied against Miss Cranda, and was not indeed denied by her. She relied for her defence, the unconstitu.ionaliiy of the law under which she arraigned.
 conducted the prosecution; c. F. Cleveland, the Att ,orney for the State being absent from ndisposion. Hon. Calvin Goddard, Hon. Wm. W. Ellsworth, and Henry Strong. Esq. appeared for ihe defence. nothing unco tn the provisions of the law that merely placed schools for colered persons under the and supervision of the Select-men and Civil IL did not present blacks from other States from attending district schoole, academies colleges, dcc. That tue law was saluary and neces sary for a,e welfare of the State required by sound policy to prevent the influx of this class of persons within our mils and more exclusive in its opera. ton than all laws in relation to the licensing per- practice particular professions, trades, &c.- That the citizen," in the Constitution of the course tha. any provisions of that instrument, in roa ton citizens of the United States could not apply 10 persons of color.
 On the part of the defence i was insisted, that all persons born within the jurisdiction of the United States ciiizens-that complexion was no 'crite rion of ciiizenshp-that blacks were, and had been recognized ctizens Of the United States, by being allowed Co maintain actions ia the United States Courts which aliens could only do by describing them selves such-by owning aud sailing ships which recognized as the property of AmeFcan citizens &c &c. Blacks being citizens the counsel contend ed the law to be unconstitutional, because it in.erfer- ed wh, and contrary to- the second section of the 4,h aiicle of the Consiution-wh enacts that the citizens of each state shall be entitled to all privileges and immuniiies of ciiizens j" the several states"
 Tine cause was argued at length, and with great ability, by JudsOn and Welch for the State, and Ells worth and Strong for the delen liant.
 His Honor Judge Eaton charged the Jury, that with respect to the facts of the case. they the sole judg ges-ifthey found that the defendant had commit, ted the acts charged in the information, if wOuld he their duty find her gu'ly unless the law was void for its uneonsiuiionaty-f otherwise, they ought to acqut In respec, 10 the law. it was made the dhay of the court gise opinion to ,e character, lea wing for the jury criminal ultimately pass both law aud fact. lD the opinion of the court the law cOnstiautOnal.
 The jury retired, and after au abseace Of a few hours, returned not having agreed mpon a verdici.- They osdered hy the court agaD to retire for de again came into court not having agreed; again ordered out. but soon returned, stating that there probability that they should ever agree. The cour. then discharged them, having taken back the papers. They were understood to be divided seven to five. ,Norrich Cous.