The Weekly register., 1843-08-05


knew they were not. The de endant
lives at Sharon, and this was six or sew
en- miles beyond, on the road to Leba-
non. !.
!. This is the substance of the facts
proved, on which the counsel for the
plaintiff rested the case. The evidence
for the. plaintiff being closed, motion
was made by the defendants counsel, to
overrue the testimony. This motion
was argued On both sides with ebility
and at great length. .,s..s
Judge Mclean, in giving the opinion
of the Court on the motion Observed; it
is proper first, TO ascertain the precise
character of the motion. BY some Of
the counsel in the argument it has been
treated as demurrer to the evidence;
Eut it cannot be so considered. No de-
murrer has been fled, and should the
motion be overruled the defendant in-
tends to examine witnesses. A demur-
rer to the evidence takes the case from
the jury: the facts proved are admitted
to be true, and also every legal infer
ence that can be drawn from them favo-
rable to the plaintiff.
The. motion is not technically for a
non-su;t. Such motion would not be
granted by the Court, where there was
evidence conducting to sustain the right
of the plaintiff. The motion must then
| be considered. as asking the Court TO
overrule the evidence, on account of its
irrelevancy or .incompetency. Now
such motion is never granted where
the evidence is competent, and it con,
duces to establish the case made in the
declaration. The jury are the proper
Judges of the suficiency of the testimony
The range Of DISCUSSION by the coun
sci on both sides, has not been restricted
by the Court. 1t has embraced slavery
) in all its forms and consequences, the
) federal constitution, the act of Congress:
t and the powers of the States. It may
be proper to notice some of The topic:
} thus discussed, which have u bearing up
on the case under consideration.
/ The nature re-ef;hc asaianz-has4 been. ex
: amined. 1t must be admitted. that ]
/ arises wholly under the constitution ant
: act ofCongress. Slavery is local in it
character. Itdepends upon the mum
Y cipal law of the State where it is estab
7 lished. And if person held in SLAYER.
/ 90 beyond the jurisdiction where he is s.
: held, whether the act be by his own vo
}. lition or by the force of others, into
: Jurisdiction where slavery is not tolera
Y ted, he becomes free. And this woul
l. be the law Of these States, had the Con
t stitution of the United States adopted n
a regulates: upon the subject.
" Reception has been named as CON
u mon. law. remedy. But this remed
c could not be pursued beyond the sovel
2. eighty where slavery exists, and inf
s. another Jurisdiction which had entere
1t into no compact to surrender the fug
tives. There is no general principle
1T the law of nations, which would requir
d, surrender in such a case. The. r;
ii marks eff the Supreme Court in regar
n to surrender of captured slaves in tn
Of Amistad case, were made with referenc
y to our treaty with Spain. Z %.
In our colon ial governments and u
Y, der the confederation, no general Pr'
ty vision existed for the surrender {
a. slaves. From our earliest history
S. appears that slavery existed in all tn
at colonies, and at the adoption of the fee
ID raj constitution it was tolerated in mo-
&c Of the States. ...i... s.<s =,
,e The constitution, treats Of slaves. "a
ID persons. the view Of Mr.. Madison, WI
Re '.thought it wrong to admit in the Col
r stitution, the idea that there. could
$ property in men, seems to have bee
e. carried out in that most important i
id strument. Whether slaves are referre
r. to in it, as the basis of representatio
as migrating, or being imported, or |
he fugitives from labor, they are spoken
he1 as persons. = -
ce Property, real or personal, takes
x designation and character from the la