Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1836-07-21

the defendants, TO contrauIct poftiob OF
the evidence introduced by the plaintiffs !
and one witness, whose deposition was |
read by the defendants. swure that Heath /
and Steedman did not leave their residence |
between the hours of and / O'Clock.
The defence was conducted with great
zeal by Messrs. A, w. Foster, sr. and "A
w. Foster, Jr. For the plaintiffs were
Messrs. X. Burke. o. MetcaG. and A.
Burke.
The jury who tried the first mentioned
case gave verdict for the plaintiffs OF
5000 damages and the jury in the second
case gave verdict for $40 damages.
Motions were made in both cases, by
the defendants counsel, for new trials,
which, after elaborate argument by Mr..
A. w. Foster Sr., s. Mr.. r. Burke, were
refused by the Court.
The following is The charge given by
Judge Irwin TO the jury in the first men
toned case.
CHARGE.
II is proven by indisputable evidence,
that Charles Brown was Virginia slave,
and that he absconded in the month of Ju.
ly, 1884 that he was pursued, taken and
lodged IN the Jail of Venago county Penn
and that, upon proof made by the claim
ant 10 several judges Of the court Of com
mon pleas of that county, that he owed
service TO the plaintiffs in Virginia, they
granted a certificate TO that effect, with
authority 10 remove the slave out of the
state. The claimant on bis way home
with Charles s. another absconding slave
named Robinson, reached Brookville, JEFF
Gersou county, Penn, on the evening of
Sunday the 18th of Sept. 1884, and for
safe keeping, with the assent of the Sheriff
of the county, the slaves were placed in
jail, from whence on the same night, thew
escaped and have not since been reiaken.
The action is brought TO recover damages
for the loss of Charles, and Cor the out
rage 10y which his escape was effected. -
Before proceed TO notice the evidence in
support of the claim, ii may be material
10 you TO the constitution and laws of the
United States, which secure TO the owner
OF fugitive slaves the right TO reclaim them
wherever they may be found by the
4lh art. aud I'd see. Of the constitution oil
the United States, it is thus provided -
No person held to service or labor in one
State under the laws thereof, escaping in.
TO another, shall, ia consequence of any
laws or regulation therein, be discharged
from service or labor, but shall be deliver
ed ny, on claim OF the party TO whom
such service or labor may be due" To
carry into effect this constitutional propis
ION an act Of Congress was passed on the
18th oil February, 1893. 1t empowers
person to whom fugitive from labor or
service belongs, his agent or attorney, 10
seize or arrest such fugitive, and TO take
him or her before any judge of the Circuit
Court Of the United States, residing With
N the STATE, or before any magistrate Of
county, -cily, SC. wherein su;h seizure
Is made, aud on proof Of owing service TO
the complainant, either by affidavit or 9th
er evidence taken before a Judge or Ma
gstrate OF the State IN which he or she is
arrested, shall give a certificate thereof
10 the claimant, his agent or attorney,
which shall be a sufficient warrant for re
moving such fugitive. Ii will be perceiy.
ed, that no warrant or other civil pro
cess is req1ired to be issued to enable
the claimant to seize and arrest the fugi
i've, So important was the interest and so
sacred the right that the simplest enact
ments and means for the speedest dccIs
!Oes were deemed essential to their full
enjoyment. But the exercise of this right
was often attended with hazard, in reclai.
ming and removing lugltives disputes.
violence, blood shed, and rescues, often
ensued, until an act Of assembly of Penn.
Of March, 1926, was passed, by which the
owners Of fugitive slaves are empowered
upon application and proof of ownership.
to obtain warrant from any magistrate
for their seizure and arrest and for bring
ing them before Judge of the State court
who, If satisfied with such proof is reqni
red TO issue his warrant TO the owner for
the removal OF the fugitive out Of the state
Ihis act IA no way lmpairs the rlghtw which
the owner OF fugitive slave possessed un
der the cor sututl0n aud laws Of the Uni
ted States iur his reclamation +; il was only
10 be subsidiary TO them, so that he may
have has election either TO make the arrest
IN person. or by his agent or attorney, or
hy peace officer under a warrant from a
magistrate. 1t is not our province TO en-
qlIre why this summary proceeding was
adopted IN favor vi the owners Of fugitive
slaves. It's enough for US TO know that
they exist. and that we are under the most
solemn obligations not TO suffer them to be
invaded with impunlty. 1t may not, how
ever, be amlss 10 remark, particularly as
the occasion has been sought to refer TO
all the exciting topics connected with the
existence of slavery in the south, that
belief IS entertained that no jury in Penn.
will be found to give encouragement to
the lanatIcal spirit which has given such
just dlsquletude TO our Southern brethren
that they will not suffer their minds TO
be Affected by undisputed propositions OF
the natural equality OF men of the mise
tIes and degradation of slavery, and offs
'ncompatlbIhty with the princl pies of our
government. The Union would not have
been formed without recognition of the
right to hold slaves, as they were held
before It's formation; and if we regard lis
duration, and the many blessings which
have flown from it, we must not weaken
the attachment which any portion of our