New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-03-10
NEW-YORK TRIBUNE.
R.capture of Fugitive, from Labor.

IA, readers will not have forgotten the action
-, IN the Circuit Court Of the United States
q, he District Of Ohio. by Wharton Jones Of Ken
..,Lv against Jim Van Zand, of Ohio, to recover
.nsnsltv Of $500 for harboring and concealing An
49, N, plaintiffs slave in violation Of the act Of
c,ny,.ss l7o3. The Jury, under the charge Of the
enr. rendered verdict for the plaintiff. The dc.
ss,dsot moved for a new trial. and IN arrest OF
ivdssent The esuse came into the Supreme Court OF
he United certificate that the Judges Of he
Circuit Court divided in their opinions upon the
questions stated In the argument Counsel Tor the plain
hH JAMS 7. MoREHEAD Of Kentucky; Counsel for the
defendant, WILLIAM II sEwARD Of NewYork and s
CHASE Of Ohio
The Argument OF Gov SEWARD 10 this important case
,,bsfore us at length. and would gladly publish il
sd not lis great length aud the crowded state Of our
column. forbid We only state it's principal points
and present few extracts which will indicate its gene
raj scope and spirit That is the fruit Of untirng
search and profound acquaintance with constitutional
Law and distinguished for the cleancss and cogency
reasoning We need not say. As plea for Liberty 1t
y, worthy Of he su,hors high reputation.
Ilr. sswAsD opens the case by clear statement Of
The points st issue as follows:
The defendant moved in the Circuit Court for ne,o
rtek the ground Of ERRONEOUS INSTRUCTIONS given
By the Court 70 the Jury and IN drres Of Judgment
tie ground Of the lNsuTFicIENcY or THE DEcLAKATI6v.
on hearing these motions the Judge Of the Circuit
Court required instructions from this august tribunal
upon EieHr questions, which arose on the former
i0D, 10 wit
4 Whether under the fourth section of the act of
February ~ 1928, tho notice must be In writing given
By hs claimant or his agent, must contain statement
hat the person harbOred concealed is fugitive from
.bOr within tho meaning of the third section Of the
statute and must be served the person who hsrbors
or concesls the alleged fugitive
Whether such notice, II 1t be not In writing and be
not served In the manner before mentioned, must DO
svsn verbally by the claimant his agent 10 the per
son who harbors concoals the alleged fugitive. or
whether general notice In newspaper TO the public is
necessary.
Whether clear proof by the confessions Of the de-
fendst or Otherwise that he knew the colorod person
hsrborsd concealed was slave and Was fugitive
from labor be not sufficient 10 charge the defendant
with notice although he may obtained such knowl-
edge from the slave, or in any other manner.
e. Whether the facts that the defendant received from
another person. the fugitive from labor, at o'clock in
the morning IN the State OF OHIO twelve miles from ths
place In Kentucky where ne was held TO labor, and
transported him in closely covered wagon, twelve
fourteen miles go that lie escaped from pursuit and his
services we're thereby lost to his master do not const
tate set Of "harborng of "concealing the fugi
tive within the meaning of the statute.
Whether such transportation, with the circunstsi-
ees thus mentioned, IS not "harboring or conceaing
within the meaning Of tina statute although The fugitive
should be recaptured by his master
Whether such transportation in an open wagon,
whereby the services OF the fugitive entirely lost by
his master is not "hsrbohng the slave within the
statute.
who hsrbors or conceals him must precede or accom-
sWbsther any overt act of character 90 marked as
to show intention TO elude the vigilance OF tne mas
ter or hs agent and calculated 10 effect thst object Is
huborpsF the fugitive, within the statute
The Judges of the Circuit Court require. Also IN
suueuons upon ak queaiions winch arose upon Tue
mction IN arrss Of judgment
l. Whether the hrst and second counts in the Decla
ramon eontsin sufficient avermenis that Andrew, the
colored man escaped from the stare oil heh'uoky 'o
the State OF Ohio
e. Watcher said counts contain sufficient averment
Of notice, that Andrew was fugitive from labor
Whether the everments IN those counts that the
defendant harbored Andrew, are sufficient
4 Whether those counts are otherwise sufficient
s Whether the act of February H. 1893 is repug
nant to the Constitution OF the United States
Whether that act 10 repugnant TO the ordinance oil
Congress Of July 1851 entitled An Ordinance for the
government, Of the Territory OF the United States,
Northwest Of the Ohio"
Nh. sxwAsD submits his views these several cues
tons under three propositions
l. TIE DEFAMATION Is ISsUFfIcfESr.-Ihis def
cheney shown In several particulars the most impor
sni Of which Is that il is not sufficiently ayered that
The defendant had the notice required by the statute
that the person harborcd by him was fugitive from Ia
Dor The clause in the statute relating to this point Is
Is foloWs
orhindeS such claimant his agent attorney In thus
seirng OF sTTesting the fugitive, or shall hARsos OR con
eIu suCH PERSON AY1LR NOTICE that he OF enc Is lue
i've from labor Aforesaid he shall for either Of the said
eA,pees forfeit and pay the sum OF ave hundred dosr
The presiding Judge OF the Circuit Court (hr justice
MeIraS) held that positive direct and formal notice
necessary and that kHoedSe possessed by the
defendant however obtained was equivalent 10 such no
,es or substitute for IT, Such construction OF the
obviously necessary support the declara
ION but Ii would relieve this penal statute against oei
" and humanity OF a condition expressly ana enphau
sryA o.l A forfeit
hundred dollars for merely harboTng or conceahng IL
savc. Such protection and hospitality shAi not suo
yet the slender TO punishment even .housn A,oH"sy
and rlisSls rendered. lie may hsr0or the save Sha
conceal hin, from his pursucrs as the law 81 Nature
commands until after notice that the master IV,eles
me word: fTKn NoIisE sre r,. voras
and ealaslV in another part OF the same secuon Inc
wsrd afe~ gives precision. IL Is not Wh knoweoee OF
even r,tA notice but alr notice And this form OF eS
preston raises the notice prescribed up to the dignity
Of condition precedent
must he crlie certain direct and c0mPrheHs're sueh
notice is capable Of being sveIred No sueh nouee Is
sverred: or st least none such Is described.
The learned Judge held, rs a general pnncipIc tha'
when the law speaks OF Hoee II does not
uOtSe Ia writing unless such notice DC required oS
statute, by commercial usage, or by the fracucc OF
Soars lie held also as general principal tnS
knosledge Is equiralsRt TO notice But we humoy su0
init that tacse general principles, however true are
never applied IN constituting Penal &atafes Legal con
oiaoas may be dispensed with for equiSaen's 70 pro
mote the ends OF justice in civil eon'rovefses on1 .sy
cannot Be waived when they barriers ereeed iof
ne protection OF the sccused. =,
Wsdom and Humanity are manifested ia 'uis 'u"ul
noa pseeeden, OF notice contrasied Win mere VOC
se For he who Obsiracts, or binders master IN vac
act Of recspture does what under the Law Of
aPspaee private wrong and commits preach .. .ns
esee Bat hsrborng and conceslins weary ana iant
as aase, though known slave Is not Injurious, snu
GOES no, disturb society Under no law can nls ss' oe
uesned inmorsl and In most cases u "ouIe =
n1.sole can only become an offence when pers'seeu
- sF~ notice The Constitution PROVIDES LOT the su,
sooer OF faglrves only when claimed ana the law Io'
osing Toe Constitution. orbids the freeman 70 nAfoci
ee Save only After notice OF design or purpose 70 re
s.sni II there be such effort or design u Is IS A"
~ aud o. humane 10 harbOT the slave as 70 eh's
,elcw freeman. Bat the construction OF the ieSsns
seogc makes the Congress ofhe United states nteiuc
projection hospitality and charity 20 the slave whon
no nlSer pursueih AMI commands TIE cuAfn 10 sIu'
ot NE wandering fugitive who may be Perlshins a, ms
gaze Ibis would be Injurious 10 the tras,eT as wen as
senenAn toward the slaye Il be DC lett 10 diS hs SCI
tses vi" be lost but Il he be hsbore5 ana revived nc
VA % In condition TO be reclaimed.
lis duty Of the citizen and duty OF man u every
social STATE and in savage life 10 give necessary snsr
NJ comfort and sdstensnce 10 the waysfng nSn lns
Stranger and the fugitive. Such exiles have nsturA
"a II. wlfg al IA