Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1836-07-14

on proof made by the claimant to Sc
veral judges Of the court of common
pleas OF that county. that he owed SER
vice to the plaintiff in Virginia, they
granted certificate TO that effect, with
authority TO remove the slave out of
the State. The claimant, on his way
home with Charles and another alb
sconding slave named Robinson, reach
ed Brookville, Jefferson 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. they es-
capped and have not since been retaken.
The action is brought To recover DANA
ges for the loss of Charles, and for the
outrage by which his escape was ef-
iected. Before proceed to notice the
evidence in support of the claim. it
may be material TO refer YOU TO the
constitution and laws of the United
/ States, which secure To the owner of
The fugitive slaves the right 10 reclaim
them wherever they may be found. -
| BY the tth art. and ID sec. Of the con-
stltstion OF the United States. i, Is
thus provided; Mcpherson held to ser.
vice or labor in one State under the
laws thereof, escaping into another,
shall IN consequence of any laws or
regulation therein, he discharged from
service or labor. but shall be delivered
up, on claim of the party To whom
such service or labor may be due. -
10 carry into effect this constitutional
/ provision, an act of Congress was pass
ed OH the 18th of February, l198.-
IL empowers a person to whom a fu-
GiuNc from labor or service belongs. his
AGENT or attorney, to seize or arrest such
fugitive. and 10 take him or her before
any Judge of the Circuit Court of the
| nrcd States. residing within the State.
% before any magistrate of county.
ci,y, sc. wherein such seizure Is made.
and, on proof of owing service 20 the
complainant. either bv affidavit or 9th.
er evidence taken before a Judge or
magistrate Of the State from which the
fugitive escaped, the Judge or magis.
trate OF the State in which he or She is
arrested, shall give a certificate thereof
To the claimant, his agent or attorney.
which shall be sufficient warrant for
removing such fugitive. 1t will be per-
ceIvcd, that no warrant or other civil
process. Is required To be issued 10 ena-
bic the claimant to seize ana arrest the
fugitive, so important was the interest
and so sacred the right that the simplest
enactments and means for the speed
est decisions were deemed essential TO
their full enjoyment. But the exer-
else of this right was often attended
with hazard, in retaining and remov.
ing tugltlves; disputes, violence. blood
shed, and reScues, often enSued. until
an act Of assembly of Penn. of March.
l~'a6, was passed, by which the own.
erS OF fugitive slaves are empowered.
upon application and proof of owner
ship, to obtain n warrant from any ma
gistTate for their seizure and arrest, and
for bringing them before Judge of the
State court, who, if satisfied with such
proof, Is required To issue his warrant
10 the owner for the removal Of the
fugitive out of the State. This act in
no way inpairS the right which the
owner of fugitive slave possessed un-
der the constitution and laws Of the
United States for his reclamation: it
was intended only to be subsidiary 20
them, so that he may have his election
either to make the arrest in person. or
by his agent or attorney, or by a peace
officer under a warrant from a magis-
trate. II Is not our province to en-
quirc why this summary proceeding
was adopted in favor Of 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 i'm
Punlty. 1t may not, however, be amiss
to remark, particularly as the occasion |
has been sought To refer 10 all the ex-
citing topics connected with the exis.
tencc ri slavery IN the south. that a |
belief is entertained that no Jury in |
Penn, will be found to give encour.
agement TO the fanatical spirit which |
has given such just disquietudc TO our
southern brethren; that they will not
suffer their minds to be- affected bv un.
disputed propositions OF the natural
equality Of men; of the miSerics and
degradation Of slavery, and of It's in.
compatibility with the principles Of our
government. The Union would not
have beer formed without a recogni.
ton OF the right 10 hold slaves, as they
were held before Us Formations; and III
we regard IFS duration, and the many
blessings which have flown from ii.
We must not weaken the attachment
which any portion Of our people have
TO IT, by putting in hazard their dear
est rights. However they NAV be-
questioned by false philanthrophy thro
the ordinary channels. Jet US hope
they will not be disrcgarded in the adj
mlni'trailon Of Justice.
The plaintiff having proved his own.
crship of Charles, and that be- had
done all that the law required for his
II a..