Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-28

ne tha' Tue ~ r;yh, 10 the service Of the crlm'.
al. than at that of the people o. ''''S coy VIZ
uch right. .r,L -, &c CONGRESS-
and Willingly cbsrac', @ n'"t hn sued for
W. - sa!zina tl.r fugitive. Il" cannot, whrn sue" ~
~ ~ .r If FIVE hundred dollars prescribed ny u't
r.. nm as defence ignorance Of ihc iaw' OF even
:, homes, belief that the person claimed a
i;d mt owe service to the claimant. Suc'. -;
,,t;, for The inquiry OF the jury IL Is sni,e :. -
:, cJ,nt within the provisions of inc law, u iid'
W ,;.. either BIZ the verbal declarations u 'hose
ubo had the fugitive III custody, OF Wt's '
scizc him. or by circumstances broush' to'' - w
PENDANT that the person was a i"ssi' - 49, -;
80 srch h. pers;s.s nevertheless, I'd oosli s '
= =; liking n rescue.t and the offence i com
l,h,n1h the claimant should ultimately succeed
= orrestinp or recovering possessiohoi uie
&c tho fugitive being once IN cns'oay' sonlo u M
own accord evade his keeper anu ,bs ,,sm" and
sd Nv others to do So should make '.ie at'eP'' au
b,rucon should be interp"sed 10 hihacr the recap
al ~ ,;tivr the offence would be precisely tie
-, % :, Mud have been, had the same obstruction
h,en ;n,erposrd 10 tho orignai se'zue OF afies'' ~
f,ep A. the ike hndrance may occur IN repeated
attempts to MAKE 'te
places g.. ~. , Irn:tad authority
- 49, ,,,r;stratc TO examine into the claim OF ih1
,iIarc8 owner; and, being satisfied on thal ponl
~ e,r,an, and termination of his duty. he has no
.har;,, 10 issue warrant 10 apprchend the fugitive
:; 10 t;rs. instance, TO commit nm after le eAa'
.;n ;s concluded and the certificate glSen renahs
,ha examinations whilst the fugitive IS ~ cnS'oata ee'S'
s ;s Of the courts Of the |. 5, held IN PenHSy-
ne In GO ALWAYS considered themselves al liberty, 10
oo,nn;t from dav to day, till the examination u e,o
~. tho fugitive could not safely be INDUCED wlh
,;e 10 get his witnesses 10 d'sprove the ca'i o 'e
asserted owner, should he have any
1,bn effect of certificate given oy Judge CT iaSs'
-a--------. e CuuAlcss-Aas- hecn- much ds-
In 1919, culored man. claimed By citizen Of Mary.
land fugitive from his service arrested BY HIM
in the county of Philadelphia, and carried before jus.
tice Of the peace who committed the 10 prison, in
order that inquiry might be made into the claim. The
then sued out hg5eaS corpus returnabe before
Judge of the court Of common pleas The judge after
hearing the parties gave certificate that appeared to
him by sufficient testimony that the man owed labor or
service to the claimant from whom he had ahsconded,
and delivered the certificate TO the claimant that he
might remove the man 10 The State Of .hdrRand. A
writ dc homine r.pifei0ndO then sued out By the
against the keeper Of the prison. and the counsel
for the claimant moved TO quash il, the ground Gifts
having issued contrary to the Constitution and laws of
the l ned States. The matter was regarded BY the
supreme court of PcnnsraR oil considerable mpor.
lance and it was therefore held some days under ad.
vsemcnt Chief Justice Tlghman delivered the OPT
mon OF the court "Whacver, said he "mav be our
private opinions the subject Of slavery, it is well
known that Southern brethren would not have con-
sented TO become parties to Constitution, under
which the United States have enjoyed much prospc
rtv, unless their property in slaves had been secured
THIS Constitution has been adopted by the free consent
Of the citizens OF P.nns irani0; and is the duty of
every man, whatever may he his Office station to
give il a fair and candid construction. The Chief
Justice cites the provision in the second section OF the
fourth article Of the Constitution and obscrycs-"erc
is the principle: the fugitive lie 10 be delivered up Gil
claim of the master But il required law to regulate
the in which this principle should be reduced 10
practice. 1t necessary establish mode in
! ac1.i oh hn md h,
delivered up The Judge :hen quotes The enactment
on the subject b. Congress, and concludes the OPP
mon as follows 1T plainly appears from the whole
scope and tenor Of the Constitution, and of Con
gress, that the fugitive to be delivered up on
summary proceeding, without the delay Of formal
trial in court of common law But if he had really
right to freedom, that right impaired by this
proceeding. he was placed ust in the situation III
which he stood before he fed and might prosecute his
right III the State 10 which he belonged Now, in the
present instance, the proceeding before Judge .7rm-
strong and the certificate granted by him. in
conformity to the act of Congress That certificate
therefore legal warrant 20 remove the plaintiff
the Stale of .Hnryiaed But il this writ o! honinc
pcgaado is TO issue from State court, what is its eff
feet bu, to arrest the warrant o Judge 7rmsrong and
thus defeat the Constitution and law of the L. S. =:
The Constitution and the lay say, that the master may
his slave by virtue Of the judges certificate
but tic State court says that he shall remove him
1t appears U.s. tina: this is the plain state ofthc
Constitution of the t. g We therefore Of opinion
that j. should be quasled."'
In 1873 case, under the section Of the act Of
Congress, came before the supreme court 0! 'ossa-
chusens. Rando'ph, slave, the property of &c
Cartg OF the State Of Iirgaa had fed from his mas
ter. After getting 10 Massachusetts, he acquired
dwelling house in .ttar Bedford which he held as his
his After living in Scr Bedford four or five
years. he was seized by' one Griffith under the act Of
Congress. Griffith had authority IN writing, with
scroll in the place of seal from Mason the ad-
mnisrator on the estate Of Nc Cdrty and made the
seizure .Nasoas agent and attorney. Griffith was
indicted for assault and battery and false mprison-
ment, and verdict taken against him 1t was
agreed that If the court should determine that the act
Congress not valid that the administrator had
not power according 10 the construction Of that
act, and the Laws OF Virginia, BY himself his agent or
attorney, 10 reclaim the slave that the letter Of at
torney was not sufficient 10 operate in Dassachusct:
then the verdict should stand; otherwise that the de.
fendant should be discharged Parker Chief Justice,
delivered the opinion of majority OF the court in
substance as follows:
"Ihe first question is, whether the defendant was
duly empowered as agent to reclaim the slave? We
do not decide, whether scroll is seal, though proba-
bly, it would not be 40 considered in this State But
we think thaa letter OF attorney was not required to
communicate power 10 this agent, In general, seal
IS not necessary except 10 authorize the making of
sealed instrument. letter, or a parol au-
thority IS sufficient for making many important con-
tTacts ne "O!us oil the statute are, the person 10
whom such labor service may be due, his agent or at
torney. If letter OF attorney required the sta
tute would have used the word attorney only but the
word agent being also used explain the inten
ton of the legislature
''The question then is, whether .Iasoa having been
duly appointed administrator under laws Of Pirginia
had right to here himself and claim the slave
for the claim by his agent the if made BY
HIMSELF II has been decided that foreign admins
traitor cannot come here to collect debt and if it
necessary to pursue the slave in the character of ad
ministrator, the authorities clear against the de-
PENDANT But BY the statute of the United States, the
person to whom the service is due may reclaim and by
the laws of Virginia administrator is such person
Taking both together, Mason might come here to
claim, and It was not necessary that he should in
the character Of an administrator
'This brings the case to single point whether the
statute of the United States, giving power TO seize a
slave without warrant, constitutional, 1t is diff
cul:, in like this, for persons who are nina
bitants of siarc-hodHg States, 10 prevent prejudice
from having too strong an effect their minds. We
must reflect, however, that the Constitution was made
with States, which it would not occur to the