Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1838-01-05
VERMONT PHENIx
Friday Morning, January S, 1888.


the I7th day of September, A. d. 1887. a
Cambridge, seized and confined and impris
oned certain female child Of tender years
TO wit, of years of age, and nveigled and
kidnapped said child soith intent TO cause he'
TO be secretly confined and imprisoned IN hi,
State against her willard that the defend
ants after seizing the child, took, confined
held,carried and brought her from Cambridge
to Boston.
The second count charges, that the Defend
ants seized the child ,oith intent 10 hold her 10
service against her wiH
The third count charges. that the Defend
ants seized the child soih The intent Mat she
should be carried out Of The STATE against
her toiH
The case was as follows Henry Bright
who now resides at Cambridge, about two
years since when residing at Mobile, owned
female slave who died leaving female in
FAINT, which was removed to Cambridge and
taken care Of by Mrs Bright, who was much
attached TO the child. This child, it appear
ed in evidence, was taken up in the street at
Cambridge by the Defendants and carried to
Boston and secreted, and no means that could
be used would induce them to give her up
The reason alIedged was, that they feared
the child would be again carried into slave.
ry.--But Mr. Bright, to remove this objec-
lion, executed bond that this should never
occur and that the child should be well taken
care Of But all efforts at persuasion failing,
Mr. b. took out letters Of guardianship and
claimed the child, but they still refused 10 de.
liver her up. He then applied to Judge
Shaw for writ Of habeas corpus, but go, no
relief there. He then commenced suit for
$1,000 damages and failing in this he com
planned to the Grand Jury. Judge Tha,ch.
er in charging the Jury remarked
by the Revised Statutes of this Common
wealth, chap. IFS, sects. 20 and 81 it is de-
cared, that no person shall, without lawful
authority, forcbly or secretly confne or i'm
prison any other person, within this State,
against his will, or forcibly carry or send
such person out of this State, or forcibly
seize and confine, or inveigle or kidnap any
other person, with intent either to cause such
person TO be secretly confined or imprison-
ed in this State, against his will, or to
cause such person to be sent out OF this State
against his will, or 10 be sold as q slave, or
in any way to be held TO service against his
will
Elizabeth Bright, the person alledged to
have been seized and confined, was born
slave in the State of Alabama. Having been
brought into this State by her master she
ceased to be slave, and gained her freedom
to all intents: it being established law, that
the moment that the master carries his slave
into country where domestic slavery is not
permitted, he becomes free This child was .
as free, in respect of legal rights, as the +,
oT hnh, al al.
was entitled to the protection of the law.
This right has been most deliberately set
tied by the Supreme Judicial Court Of this :
Commonwealth They have solemnly deci.
ded that citizen of any one of the United ,
States, where negro slavery is established by
law, who comes into this State, for any tenn.
porary purpose of business or pleasure, stay.
ing sometime, but not acquiring domicil
here, who brings slave with him, as per.
sonal attendant, cannot restrain such slave
Of his liberty during his continuance here,
nor convey him out Of the State on his re-
turn, against his consent. That tribunal
have also decided, that if child who was
born slave, is about 10 be carried out OF {
the State, and subjected 10 a state OF servi- $
tude. they will grant a writ Of Habeas Cor |
pus. 10 bring such minor before them, and re. l.
quire surety in its favor, or even put it under |
the custody Of new Guardian. They have :
gone to the utmost verge Of law and right,
TO withhold such person from slavery !
Hence, you see, that Elizabeth Bright, the i
child whom the Defendants are charged to .
have abducted by force and against her will,
was free at the time and under the highest le-
gal protection, and that she could not be I'M /
lawfully imprisoned within the State, nor 6
carried out Of it against her will, either by a
Mr. Bright, who once claimed her as his t,
slave, or by the Defendants at the bar.
|,
"lf they (he Defendants) took this child
and carried it away, and have kept il in Sc
cret they are responsible for it in law Ifl
they did the act deliberately. the legal pre- Z
sumption is, that they intended 10 con6ne it /,
against its will. Having inveie led the child
into their possession, they are bound to ac- /
count for the act and to shew that it was for .
an honest and lawful purpose, /
ut is admitted that the Defendants carried
of the child on the 9Th September last, from q
Its natural protectors-they have kept il in q
secret confinement to this day-and they r
have refused, in this court, to account for il =,
to you, their legal and equitable Judges, or to
produce It and place it under the protection
Of the law. Is it alive or dead-is it in sick n
ness or heath--is it in the hands of the hu-
name or exposed to neglect to want, and in :.
the road to moral ruin and to an early grave? h
am free to instruct you that | consider that =