Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-07-21

NJ We hive received the Ist No of "Caius Cas-
sius, in reply TO the Address of j. O. Adams and 2l
Others on the subject of Texas We wait for the 2nd
No, before commence the publication
AN INTERESTING DECISION!
TO THE EDITORS OF TIE ENQUIRER.
CiScISNATI, July l4th, lS43.
Gentlemen: On my way toyour mountains, from the
extreme South have been solournng in this beautl-
full city for fe days, and have been greatly interest
ed in trial in the U. s. Circuit Court here, Judge
Mclean presiding, which terminated to-day, after hav
ing occupied the Court for nearly week
The action was brought by MIR. Jones, citizen of
Kentucky against an Abolilionst by the of Van
Zandt, of OHIO, TO recover damages for har-
boring and corcealing nine negroes-the property Of
the pianf'-who had passed from the Kentucky TO
the ONO side of the River, and were fug,ves from
their masters service The right to sue arises under
the of Congress of 1893, which provides hat any
person who shall harbor conceal fugitive from Ia
Dor after notice that he she fugitive from labor
shall forfeit and pay the of five hundred dollars
saving, moreover to the person claiming such labor
service, his right of action for account of the
said injury
1t seems, there is statute OF Kentucky. making the
masters of fugitive slaves taken beyond the limits Of
the State, liable to their captors, certain amount
by way of reward The policy of the statute is found
cd doubtless in the induceme ut it holds out to indfer
persons the siaveholding States to arrest and
restore 10 their owners runaway stolen slaves. From
desire secure this reward, from other feel
ing two individuals oil Ohio, finding the negroes in the
possession Of the defendant under very suspicious cir
cumstances, arrested them, committed them 10 jail, and
finally succeeded in restoring them to the master with
the exception Of one, likely fellow, who made his es
cape, and has never been reclaimed
The plaintiff insisted on damages TO the amount oil
81 200: Six hundred, which, under the Stale OF Ken
,ucy he had been compelled to pay TO the captors and
six hu ndred which proven to be the value Of The
negro lost and abducted The ably argued
by Messrs Southgate (late member of Congress from
Kentucky and Fox for the plaintiff, and Messrs Nor.
rs (lae T. s. SENATOR and Chase for the defendant
Judge Mclean charged the Jury in clear, impressive
and solemn manner. and having retired for a few mo-
ments they returned into Court with verdict Tor the
plaintiff damages 81 200.
The argument both sides was dscursivc, render
ed so principally By the of Mr.. Norris who in
sisted in travelling The whole field of abolition and
slavery and, in his vagaries, denounced the Supreme
Court, Congress, and every Department of the Co.
vernment, being in subsection to, and controlled
by, what he pleased to term, the "Save Pow
er." He travelled of the Record TO make fling
at Mr.. Van Buren, whom he accused of meanly at-
tempting to purchase the support of "Southern Chi
valry, by announcing his determination to veto
any bill interfering with slavery in the District
of Columbia He ridculed the idea of abolition pro
ducing dissolution of the Union-or, If il did Of that
dissolution working injury 10 any but the slave pow
er itself He repeated what he had said 10 South
ern Senator come years on this subject: "Go
Sir; go dissolve the Union doom you please;
your slave government al The South; monopolize
the navigation OF the Mississippi; but tell you, you
will not be in your seats OF power before Of
the West will drive you and your slave governme mt
into the Gulf of Mexico, like the trash TINT is driven
before by the torrent OF the mighty Father of Wa
ters From this specimen of violence, you will per.
ceive that the Hon. ex Senator is perfectly mad on the
subject of Slavery; indeed, his whole appearance and
manner betray the mono-manac Time has scattered
it's fross his head but the lurid fire OF fanaticsn
clows 6ercely below, and ever and flashes from
his restless eye like the ftful fame Of a volcano from
lis snow-capped summit. Thomas Morris is a singular
looking mamie is rather under the middle side pale
slightly aquiline, eyes small, deep set and twink
ling, exactly eyed, but each eye instead of
looking directly before him, seeming to converge to
focus a, a short distance from his face When excited,
as saw him, there is not one man in ten, who would
not feel that the opinion | advance Of him is
correct.
MIR Southgate, in reply 10 that part of Mr. Morris
speech in which he alluded TO Mr.. Van Buren,, took
occasion to pronounce eloquent eulogium on that
gentleman for his course towards the South Mr.. S.
said in times gone by, he had dealt Mr. V. B. some
hard blows, but for the frmness he had shown in
tanning and vindicating the constitutional rights Of
the savehoding States, he deserved their lasting
gratitude.
Judge McLean's charge to the Jury perspcuous
and eloquent Mr.. Morris had commended, that the
of men must override the law This, said
the Judge was not the rule by which that Court aud
Jury could acl-One man s conscience might lead him
one way, another's another. Paul consented 10 the
death of the Martyrs for conscience sake but Paul was
and Afterwards confessed MS error. The only
safe landmarks for Court and Jury were to be found
in The Constitution and Laws of the country-let
these be pursued with calm and steady aim and they
would not only have the appreciation Of their con-
Sciences but that of all good men. The Judge then
proceeded to put that construction the Act of Con-
gress by which the Jury ought to be governed in max
ing up their verdict-and, first, what "harboring
or concealing" us contemplated by the act, He
charged ha, any act Of the defendant evincng an in
tenton to elude the vigilance of the piu
ring his slaves was fraudulent harboring and con-
ceanp in view of the law, and would make the de-
PENDANT liable in this action. Secondly, what the cha
racer OF the notice intended by the act, IL had been ar
gued at bar that the defendant should have had positive
notice from the master that the negroes his sav
The Judge charged the jury, that this not
ry; but was sufficient, if it within defendants
knowledge that the negroes were slaves matter how
that knowledge was obtained. As to the measure of
damages he charged that the proper standard would be
found in the amount paid to the cap,ors under the law
Of Kentucky, added to the value of the lost negro pro-
vded the jury believed he had been lost to the
by the aid and efforts of the defendant.-lt is to be
hoped, Judge Lean will write out his charge and lay
it before the public. 1t is gratifying to know from the
decision in the case taken up to the Supreme Court
last year, from Pennsylvania and from that now made
by distinguished Judge of that Court, that this de-
partment OF the Government at least s sound this
10 the Souh) vital subject, and that the Constitution
IS to be maintained and enjoyed as It was intended it
should be by lis illuslrous trainers. u.
FOR THE ENQUIRER.