The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-10-30

slaves or the properly oi the pains' oub ON 'ne con-
That the fugityes were the property OF SLadrach s.
oyer al The time OF his DEATH and that the plaintiffs, his
children, became their owners by succession has
been controyerled but is conended that the negroes
hal BECOME itee by the act Of the plaintiffs
ls,, by taking them 10 the State of Maryland, contrary
81 By voluntarily bringing them into The State Of
Pennsy yIVania
But as The proof on this subject entirely on the
evidence given by plaintiffs and has no, been contra.
lced the counsel have consented, al the suggestion of
the court tha the qaesons OF law arising thereon shall
be reserved for future consideration, # necessary
You will, therefore, proceed 10 consider this case as il
The had instructed sou that these objections do not
affect the plaintiffs tile and fnd your verdict the
other pont and II on that you ind Tor The plaintiffs,
ilendeavor 10 put the case IN the shape o special
verdict that the case may be reviewed II necessary
TIE question 10 which your attention will be chiehy
directed s, wbeherihe deiehdanls or either ot them
have halbored concealed the lugtves contrary to the
true meaning Of the act OF Congress a NJ. .,,ltte
For ibls apnonIs upon hs statute and could not be
sustained at common law The statute gives NOT only
action Loo PENALTY al ana against the person attending
against Il but also action the case ior the special
Injury which may have accrued 10 the master owner
But in this action the plaintiff must show not on, that
the defendants have acted contrary TO the statute, but
that less damage injury has been caused TO the plain
tHis by such illegal Interference
The act OF Congress conleinplaes pursuit and recap
tute AMI the conauct prohibited is such tends and is
intended 70 hinder, o9stuc prevent such recawalon
In Of rescue OF captured fugitive, or OF an illegal
inference 10 hinder such recapture, when the master
had in his power 10 effect it, the defendant would be
liable not only 10 The penalty, but also 10 pay The tu
value Of the slave thus rescued and even primauve or
exemplary damages as ~ other actions for tor But
whore the offence alleged is harborng conceang. the
plaintiff If he would recover more than nominal DANA
ges IAIs show that the slave lost TO hun ia conse
Quence OF such illegal harborng conceaing ln the
case OF the harbong OF an apprentice who had eit his
master, the commou law gave action the case to
the master, because it considered it wrong injury to
The thai his neghb1r should encourage protect
his absconding apprentice instead OF sending him back
Bu, the principles OF natural or national law, drawn
probably from the Jewish code, did not require that
slave who had escaped from bondage, one charged
with merely political offences, should be delivered up
Hence ii these States had continued TO be independent
governments, foreign 10 each other or without any poil
not have been bound to deliver up fugitive slave,
could an action have been maintained BY citizen OF
foreign State against czen oil this State for harborng
conceans The fugitive. But Of the great objects
OF this unon and The constitution which are bound
support, and which is the supreme law OF the land, s
to make us IN many respects one people or nation And
il is well known that the southern States would not have
become parties TO this Union but for the solemn compact
OF the other States to protect their rights in this species OF
property.
ing the conscience OF every good citizen and honest
man. long he continues 10 be citizen OF the United
Saies OF PENNSYLVANIA, while Pennsylvania continues
10 be member of this Union Those who unwilling to
acknowledge the obligations which the law OF the land i'm
poses upon should migrate to Canada or some coun
try whose institutions they prefer and whose institutions
do infringe upon their tender conscences But while
they claim the benefits OF the Union they cannot repud
ale It's obligations The people OF Penlsylyanla are op
posed 10 the institution oil slavery and have abolished
within their borders But they acknowledge the right OF
other States make their Institutions and the obiga-
ton imposed Upon regard the solemn compact which
we have made with the sister States And however may
suit the taste OF few individuals TO denounce the COM
promises of this Union odous Pennsylyanians both
see and feel The mpolcy and folly OF making their terri
tory city OF refuge Tor the refuse population OF other
States. We resent The conduct OF foreign nations who
cause their white paupers and criminals 70 be transported
into Cities and have in some instances compelled
them be returned 10 tleT governments, ana Ouf
compact with sister States does not compel US 10
submit TO such grievance IRON them II would seem,
therefore, To be inconsistent with our true policy AZ u
ID with solemn obligations 10 our fellow citizens OF
the southern States OF the Union 10 encourage the mm
grafton OF lgliives, or interfere with their coyenan.ed
discussion OF this by learned counsel on this unor
unate subject Of slavery, as one which has perverted
the moral sentiments OF many OF our citizens both Norm
and South and originated peculiar notions, hostile TO the
stability of this Union. But il such be the case as 4
hope il is not, think il due TO the good citizens of
Pennsylvania TO state my belief that the moral disease
engendered by this morbid epidemic has infected but
small number Conventions for plotting dsunion, (Which
would be certainly followed by civil war and blood
shed.) for dehlng the graves and maligning the memo
es OF the patriots OF the revolution, for revng and
denouncng the officers OF our government, and all
those who support and uphold our institutions, have
hitherto met with little encouragement IRON any per-
who profess regard for religion, morality, or the
law OF the land |, is perhaps, too true that some at
Temps have been made 10 excite violent and armed oppo
sition 10 the execution OF the laws, and TO murder ats
olcers but are happy in believing that such ,ncen-
diary doctrines fd no lodgmen, in the minds OF our c
zens, aad the apostles who mady propagate them wl
meet with but lllle here The good citizens oi
are opposed 10 slavery butdhey revere the
constitution and laws OF their country Since the days
ol franklin associations have existed among the philan
bropsls aud true friends OF humanity 10 protect the coli
6red from the oppressive grasp oi the kdnapper,
and elevate his character; but these TRENDS o religion
and humanity have connexlon with those unhappy
agatofs who inest other portions Of the Union, and
with mad zeal plotting lis ruln The time has not
yet come when the Jury-box will be contaminated by
men whose moral perceptions are so perverted by
strange halucinatisn. that they will not render true
verdict, according to their oaihs and The law OF 'he
land
have been led TO make these remarks because the
subject has been brought your attention ~ The course
OF the Argument and by the reports oil meetings. ano con-
venons which must have met your eyes IN every news
PAPER since the commencement OF this trial. but aesfe
that you will not suffer any prejudice 10 arse In your
minds TO affect either OF the parues IN ms case WIN
what NAV be the peculiar opinions oil he defendants
YOU have no concern They free TO entertain any
opinions they may choose to adopt ana are on ta' ony
for their acis.
They are charged with having done acts contrary TO
law and are entitled 10 your verdict unless the plaintiffs
have given satisfactory evidence to show that they have
transriessed the law the injury Of the plaintiffs.
The right OF the plaintiffs to support this action, as
have already stated depends the act o wrongness and
not on the principles OF the common law; and although
the declaration does not say the offence was committed
against the statutes must look TO II Tor the dehnton
of the offence with which the defendants charged In
assisting you in this investigation, shall only sais ne
general principles Of the law applicable 10 he case, WIN
ont any application OF them TO the facts o ns Iof
The testimony Is contradictory, that the coul' ea
sumo anything as proved without trespassng on YOU
culiar province Of deciding contested iac's anu o