The Weekly register., 1843-08-05
NUMBER 81.

fi-Pst0h aIlSeS lfOm Inc ma
lure OF their institutions and from the
TACT that, with few exceptions all the col
ored persons within those States are
slaves. On the same principle every
person in Ohio, or any other free State,
without regard to color is presumed to
be free. No presumption, therefore,
arises from the color of these fugitiyes
alone, that the defendant had notice that
they were slaves.
notice IN writing to the defendant
was not necessary, nor any special no.
tice from the plaintiff, his agent or at
torney. But if, at the time the defen-
dant was connected with these negroes,
he had full knowledge of the lact,
however acquired, that they were slaves
and fugitives from labor, il is enough to
charge him with notice. You must sat-
lisiy yourselves On this point,by an exam
ination of the evidence. The fact must
be clearly proved, and if it be so proved,
it would be areproach to the law and to
the administration Of justice, to hold that
the notice was insufficient.
q What shall constitute harboring or
concealing within the statute This Of
fence is not committed, in my Judgment.
by treating the fugitive with the ordina-
ry principles of humanity. You may
converse with him, relieve his hunger
and thirst, without violating the law. In
short, you may do any act which does
: not show an intent to defeat the claims
of the MASTER. But any overt act which
shall be so marked in It's character, as
not only to show an intention to elude
the vigilance ofthe. master, but is calcu-
lated to attain such an object, is harb-
oring of the fugitive in violation of the
statute. tits clearly within the mischief
it was DESIGNED to prevent.
To constitute the offence under the
!, statute, it is not necessaryto incarcerate
f the fugitive in a dungeon or room;. if he
|. be taken in wagon and conveyed from
y the shore of the Ohio to the shore of
Lake Erie which enables him to escape
t. into Canada, / suppose no one could doubt
n tha. the individual had made himself
/ responsible. And If carrying the fngi-
! tive the whole Of this route would incur
: the penalty, on the same principle the
It conveyance of him. such part of the
e route as shall cause thetloss of his SER
4 vices to the master would equally incur
/ liability. sH'.o@a'
e The damages claimed by the plaintiff
o consist of the sum of four hundred and
S fifty dollars paid as reward to Heffer-
: man and Hargrave, and other expenses,
: amounting in the whole to about six hun
e dred dollars. And also he claims the
} value Of the services of Andrew, who
/ has been lost to the Plaintiff. Those
/ services are estimated by the witnesses
: to be worth six hundred dollars. tls
e said that this sum could have been re-
y allied by the plaintiff for the boy.
c Under the statute you will observe
/ that penalty Of five hundred dollars is
/ incurred for arboring or concealing a
: fugitive, which the party injured may
n recover, but the present action is not for
: this penalty. In this suit the plaintiff
a is only entitled to recover the damages
e he has actually sustained, by the acts of
l. the defendant. You will first determine
ia whether the proof under the principles
q here laid down eniitle the plaintiff to re
D. cover. And if-he be so entitled, then
It you will consider the amount ofihe dam
1t ages.
IS 1t is earnestly contended by the de-
IN fendant's counsel, that as Hargrave and
s HefTerman were kidnappere and VIOLA
u. tors Of The law Of the Stale In arrestinq
a. the negroes, that they were entitled 10
a. no reward, and that the payment ef il
le by the plaintiff does not entitle him tc
ID remuneration. 49,.
re The principle is recognized that lhe
IS commission Of a crime on an agreemcn,
n to commit an unlawful act, does no
IN constitute a good consideration. Any
contract is void that rests upon such q
in basis. But this principle does not apply
n to the point under consideration. Il