New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-03-10

reasons a. because - penal law. The plaintn who
com pains that bis debtor has been gully hsTbored
nust show that he held labor under the laws Of
the State from which ne had fed end when demanding
the penalty for forbidden charity show that the
offender had notice that the guest held. Nov this
Declaration fails 10 show any such thing only charges
that the fugitive heid labor by the sws Of Ken.
lucky. But il 3 not shown By what lave how enacted
and BY whom when OF for what cause-how the fugi.
tive hsd incurred such csisrnitous dsfrsnchisement
what the Of the labor 10 be rendered. and
when 10 be per;ormsd-on what condition Of birth,
color, contract crime, the Acknowledgement attach
ed-in what Court or Tribunal civil msrial or chiv-
sc TIE fugitive had been heard before the penalty Of
the law was enforced-whst was the form OF the Judg
ment what was the period OF Acknowledgement snd
when II would end
H. The EVIDENCE WAS r1PRoFER AND INsUl FTcIES-.-
The proof Of hGrborage and concaieat Insufficient.
The fourth fifth sixth seventh end eighth questions
tined by their honors the Circuit judges together with
the statement OF facts present the acts OF hsrboraee
snd cOnceAnen' namely. that the defendant received
the fugitive the Walnut Hs In tue suburbs Of Gin
cinnat Al three o'clock in the morning from another
person into open covered wagon. and conveyed
him thence twelve or fourteen miles Pursuers appeared
who had no authority from the master. and who
rested the horses The fugitive esped from his seat ia
the wagon ard escaped. The master. sficrward sp-
proved the attempt 81 recsptUre made by the pursues
although IL had been made without his knowledge.
These facts might prove the defendant guilty Of aiding
the escape OF the fugitive Of obstrUctng hinderng
the claimant his agent attorney in seizing and
resting the fugitive but il 10 total perversOn Of Ian
guage and 20 maintain that they prove act of
harDorage. harOor Is place Of repose scEriy
iuacii0A In s nautical sense which not It's original
application il Is harm where the vessel is mOOred.
lis sails turled It's burhen is discharged
received. The French designate Of their prin
cipal ports la Hare and we one Of ours, NscHareH.
The idea Of motion progress, fight or escape, is sbso
lgtey excluded.
Thus it appears that the evidence upon which the
defendants conviction rests improper and insult
hcient under the first count because. first il showed
Of Aay50rhS, but the sntsgonstiesl act Of
remOriH9 fugitive sec0Hdy because there was no evil
dence OF the previous NOTICE and claim, which were
necessary 10 maintain the action.
Tee evidence under the sccond count (Which charges
act Of concesng the fugitve) is subec, TO the same
exception. " HarboriDg' and "concesiment" are con-
vertibs terms or at most, tho offence Of eoacalnet
created TO prevent escape from conviction under
tho very technics offence Of f1rb0ra9 The Of
cealng, when charged. DO clearly and distinctly
proved. C0noealnsat implies place time and crcum.
ces Of seclusiOn-a roof, chamber dell, forest,
cave, or some place Of the ike solitude.
ILL., TIE ACT or 1898. THE PRESENT SUB
JEcT IL INVOLVED IS VOID BECAUSE IT VIOLATES THE
ORDINANCE or 1897.
When the Revolution had closed and while the Arti.
clos Of Confederation yet in force, five thou
sand persons had made setileme Mt the northern
bank OF the Ohio and were extending CIVILIZATION over
wide and beautiful region, washed on the norm 10y
the distant Northern lakes bounded the east by Viz
gnia and Pennsylvania, and reaching westward 70 the
Spanish possessions on the banks OF the Mississippi
which several States asserted conflicting claims Of
sovereignty On the thirteenth day OF July l7S7 Con
gress then representing all those States with their con-
sent established an Ordinance concerning that domain.
This act provided for the subdivision OF the territory
into States and their admission when sufficiently popu
ous into the Federal Union Under that Ordinance four
States have been erected and admitted which arc now
represented in the Federal Councils by eight Senators
and thirty Representatives and contain two millions Of
free and prosperous people. The People in the com
prehensye of tho term, include all men within
particular jurisdiction To the People within that
Territory throughout ali generations against Guy posi-
BILE intrusion of the principle Of physical force In their
respective communities Il was solemnly declared and
prOmu gated by that Ordinance hst its design was TO
extend the fundamental principles Of civil aud religious
liberty which formed the basis wherein the Anne
rcan Republics, their laws and constitutions, were
erccted-and to FIX and establish these principles
"a the basis of all laws constitutions. and govern
inens which forever thereafter should be formed In
the sad territory and for admission Of the States thus
to be created TO share In the Federal Councils ON an
equal footing with the original states At ss carry periods
might be consistent with the general interests II was
farther declared that for those purposes the provisions
OF that memorable Ordinance were set forth and should
be considered ARTICLES COMPACT between the orr
gns States end the people and states In the said tern
tory aud should forever rempln unaerabe, unless by
lay the foundations Of those future States and the d
declaration OF absolute and univor- al liberty u
conscience The second secured 10 every nhebtant ot
the territory then and thereafter forever 'he Yt Of hG
beds corpus and tho rSh Of bail The third united in
auspcious conjunction guarantees OF moral and religious
education to youth within the territory snj Oi perpetual
good faith TO the Indian Nations The fourth was guar
nty 10 the States 10 be formed, OF right OF union
with the original States the sole condition that SUCH
new States should adopt forms of government which
should be Republican and in conformity TO me principles
Of that fundamental compact The last and GROWING
one Of all this declaration There shaA be neher
slavery apolaaary ssrHde oi'H he territory oh
eriss aa IN The punishment Of ertaes (witn this sole
ouahcation) proridsd dlrdys that any prson escaping
ato the terrorv from rhO labor serrice shall Be lac
fiv claimed ia any one Of The ORIGINAL States. such ~
stre may Be lawfully reclaimed, and eonrfysa 70 ne P9
son claiming he or her service -lBiorens Laws l. :
This Ordinance took effect on the 18th OF July, l757
and even II do control the Constitution which was
adopted about the time IL is valuable contempt
Taneous exposition OF the temper and sentiments OF tnt
American People the subject OF Slavery hentucky
admitted into the Union ON the hrst DAY OF June
1892 five years after the Ordinance eT the government
OF the Territory north OF the Ohio was established
The Constitution Of the United States bears date In sep
TENDER l7s7 but went effect on the 4h March lev
Kentucky having into the Union after that oren
ance was bound by its covenants The CONSTITUTION OF
the United States adopted after that Ordinance and
so far as related the Territory north west OF the ONO
necessarily and inherently the same coven
ants. The word oRGINAL In the Ordinance msnliesuy
implies that the right recspture fugitive Slaves should
be limited the Thirteen States thea IN existence ana
Kentucky, by entering the Union aferwsrd acquesced
IN that solemn agreement
On the pa of April 1872. Andrew man Of thirty
wears was on the Walnut Hills in Ohio, at large tree
naH-free all ths world at least except the person
who hsd before claimed his services IN the STATE OF
Kentucky There could be no slavery OF involuntary
servitude ia Ohio By what right was he pursued and
by force Of what law wrong 20 hG50f and conceal
him from his pursuersf We answered by the IA"
of 1893 But that law violation Of the ordinance
of I7s7 go far the State OF Ohio concerned II
be construed 20 extend the right Of recapure beyond
the thirteen the infant State OF Ken
lucky kentucky was not one OF the original states
abe came into the Union after notice Of the Ordinance
and acouiesced in H. But it may be said that the Con
sttuton had inerposed between the Ordinance and the
admission OF Kentucky This Il true but the Consn-
tu,on was framed when there were only the original
Thirteen States and u 10 be expounded az to the
new States north Of the Ohio by their
Ordinance The new Ststes-the future Staes-the tu'
t,,re generafons-northw west Of the Ohio-hsd made
solemn compact with the Thirteen States, which was 10
be the basis of all new Constitutions. The Consttu
ten was eou,emporaneous with the compact made be-
tween the existing aud the future States The Constu
hon WAS never held then since TO supersede or impair
that compact Il recognized being in force by
the act of Congress OF 1900 which prescribed TO the
new state OF Ohio the basis on which it would be al
mtted into the Onion rected from and in the very Ian
euags Of the Ordinance itself.
Is the Ordnsnceo OF l7s7 yetin force His honor, the
presiding Judge OF the Circuit Court doubted But
surely that ordnance is perpetual ior It IS treaty
which was generously made by en- intelligent and pow
eru coniederscy with four States yet uu5orns cove
nant between the strong and vigorous actors Of the Pre-
sent and unseen and unknown generations OF the III,
are for the security welfare and happiness OF al and
II was not TO be changed, least OF all was II &c