The Weekly register., 1843-08-05

Thetraffic in slaves does not come un-


der the constitutional'power of Congress
to regulate commerce among the seve-
raj States. In this view the constitution
does not consider slaves as merchant
disc. This was held in the case of
Graves .. Slaughter, Is Peters. The
constitution 10 where speaks of slaves
as property. But how does this affect
the case under consideration? tits clear
the plaintiff has no common. law right of
action for the injury complained Of He
must look exclusively to the constitution
and act Of Congress for redress. The
counsel for the defendant admit that in
a giYen case, the plaintiff has remedy
under the ACT of Congress. If this be
SO, what have we dc with slavery in the
abstract. It is admitted by almost all
who hage, examined ..the subject, to be
foundelin wrong, in oppression, ip pow
eE against ligbe. But ienhhis case, we We
have only. 70 inquire whether the acts
Of the defendant, as proved under the
aw of Congress, subject him to claim
for indemnity By the plaintiff. ..n....
By the 3rd sec. of.the act respecting
fugitiyes from labor, it is provided "that
when person held to labor in any of
the United States, &c. under the laws
thereof, shall escape into any other Of
the said States, the person to whom such
labor is due, his agent or attorney may
seize or arrest any such fugitive, &c.
And the 4th sec. provides, that when any
person shall knowingly. and willingly
obstruct or hinder such claimant, his
agent or attorney, in SO seizlng or arrest
ing sHeh fugitive Etom labor, &C., or
shall harbor or sonceal, sach persons,
after noice that he et she was fugitive
from labor as aforesaid, shall for either
Of the said offences, forfeit and pay the
sum Of i've hundred dollars, &c, saving
moreover to the person claiming suci
labor or service, his right of action for
on account ofthe said injuries, or eithei
OF them.n sea.
As the first clause in the above sectlol
snpposes the offender to come into con
tactwith the claimant of the fugitive, hi
agent or attorney; and as there isno ey
ldence showing an authority from thi
claimant to those who. arrested 4he fu
gitives, the second clause only of tn
section will be examined. The .offenc
under this clause consists in harborins
or concealing such fugitive, after notice
that he or she had escaped from labor
What acts shall constitute this offence
What shall be a notice under the stat
ute? That formal written notice fror
the claimant, his agent or attorney, /
not required must be admitted. No
must the notice, verbal or Otherwise
= necessarily come from the claimant o
: his agent. Such a construction presuT
poses knowledge Of the individual VIII
, harbors or conceals the fugitive. A
! this stage Of the case it is unnecessary
: say more on this point than that ther
4 is evidence before the jury which cor
. duces to show that the defendant kne'
: the negroes in question were fugitive
i from labor. Whether the proofs suff
e cient to establish this fact is matter fc
3 the determination of the jury.
To harbor or conceal a fugitive in v
: citation Of the statute, the act must evinc
: an intention to elude the vigilance ofth
f master or his agents; and the act dor
t must be calculated to attain this objec
e To relieve the hunger Of a fugitiy
: slave would not be within the statutt
/ unless accompanied by acts showing
determination to disregard. the. Law
5 There is evidence, ip Ahecase condAein
0 to show such an iHtSniioc by the dalsl
/ dant, and also to show acts calculated
e give efec. to snchan intention. The 81
2 ficiency of this evidence, like that whic
: regards the notice, will be referred
d the jury. u ~
|, The clause in the section s'saving
S the claimant the right of action for ii
If injuries received, beyond the penalt,
presupposes right of action to exist
IS The correctness ofthis will scarcely
y questioned, when the constitutional pr