Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1846-12-04
reported for tie Joaynui Ut Commerce.
CIRCUIT C0URT---Sa.urday.

''"NN'o IlN'AA'HE'
/" HE matter Of George htrh, aJugjjire Stare.
When this boy was before me on a former
OCCASION, no principle Of law was involved.
but mainly a question Of fact, arising Out Of
a return. On the present occasion it IS quite
otherwise. The question now presented is
the constltutionality, and consequently, the
validity Of IA statute of our State.
1t is not from any choice on my part, that
| AIN called upon to consider this question.
II my wishes had been consulted the case
would have remained with the Mayor until
he had decided it, and even then, | should
have been much better pleased il the review
of his decision had been committed to some
flnctionary whose other duties would have
allowed him more leisure than can COM
mand 10 examine it,. But the party had a
right to bring the matter at once before me;
under our statute, | was bound to allow the
writ of liabeas Corpus, even If | had been
fully convinced of the legality Of the lmPris-
onnent; and the return made to the writ ne
cessaIily raising the question to which | have
alluded, it becomes my duty to consider and
decide it, "A duty from which / am not at l!b-
erty to shrink, and which | hope / may be
able to discharge without partakiug Of the PIX
citement which has surrounded the question
from the beginning.
1t is conceded on the record that George is
a slave, owing service TO a master in Georgll;
that without the consent Of his owner, aud
without the knowledge of the officers or oWH-
ers of the vessel, he concealed himself on
board the brig Mobile, ia the port of Slyan-
nah, for the purpose of securing Il passage to
New York; that his being on board was not
discovered by the officers OF the brig until
they had been at sea TWO days on their rc-
turn voyage, and had got without the terrific
ty of Georgia: that as soon as he was di>cov-
cred. he was arrested and confined Until his
arrival in this port, and that on his arrival,
the captain took him before the Mayor, TO the
end that he might obtain from the Mayor d
certificate which should warrant him in re-
turning the boy to the port Of Savannah; that
the owner Of the slave does not demand him
under the constitution and laws Of the Uni
ted Suites, hut he is demanded by the claim
ant, simply by virtue of his station as master
Of the vessel, and by virtue Of a provision Of
our statutes.
Such are the facts Of this case. The law
applicable TO it, is 10 be found in ISL, Rev,
Stat. $50, which enacts that whenever any
person Of color, owing labor or service in any
other part of the United States, shall secret,
himself on board of vessel lying in any por
or harbor of such State, and shall be brough
ihte-tii State iR-sueh~vessel, the captain o
commander thereof may seize such person 0
color, and take him before the Mayor or Re
corder Of the city of New York. The Office
before whom such person shall be brought
SidIl inquire u NV tt'""'s''n''' II" II :
APPEAR ron PioPc' 'eH"ho"S ~ S"'" PEI
son of color owes service or labor in any 9th
er State and that he did secrete himself OF
ood'" l SuCn vessel "'''ou' ~ 10 49,
OF cohSen' " ~ c'''.i" " = oo'n"""nuV' ivy
OIL ana u'A' ny 50 G"'n9 ne SToJtcIu sue
0"P''I" ~ " iNil''' Wv -
ilSh a co,"led'e 'heItoi 10 sue" caPla'l .
oo',-i'iHe'' "".oIl s'''ii o' - va. ""'
RAM 10 nm 10 carry OF 'gtu SlI. person
coiTi . ~ p'1t u r;I'o y ""'''' '0 va
so olo"Sn' a' ".''cS''o'
1t must cVHs.i""y V1 o''"' !" ni' VIC
the question before US uoeS "'' g.oW ou' o.
nor Is II III any way conncc'eu WIN al "
'emPt on ."e par u 'Ie ~" No. y ! ~ {,
enforce ms ,igh's unuGr i"t Nc.,'''u.o" :
tne nI'eu 9ta'eS ana ''e law % ConG.e5' (
1928; ou' arises SoloIy OUT 81 d o'''o s!d'ut
winch a"'no'i%eS ano''iFi PCI9o"' )" ~
respect connected WIN INC ""nel VI "a
siaVe' nor acu"g ny MS nu'"o.Iy' " !
transport MN from out te'I!to'y u "o P'''
where he had been held IN o'h0age' an
where again he may be returned 10 hondas'
In olhcr words, Whlle tie C1.'''iuuon
the United States gives 10 the party 10 VINO.
the service or The labor may DE que me IiS'
to reclaim his servant, and the law OF 20
gress extends that right TO the agent or alto
ney of such party, 1t Is claimed that Tie S'a
Legislature has a right to interPose ana G.
tend the right to a third person, not acting /
or by authority of the owner, but merely b
cause he was the commander OF a vessel
which the slave may have concealed lilmse
and because By such conccalment, the col
mander may have become liable to a pen.
ty.
Such is the authority which the Mayor h