The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-30

TIL E r E PU BLIC.
The Slave Affair Mt Harrisbnrg.

The following opinion Of Judge Pearson de-
livered on Saturday evening. when he heard the
| owners and their assistants a habeas corpus, ON
| the charge OF assault and battery.
The Commonwealth ps. w illiam Tavlor and 9th
ers-writ OF habeas corpus. These gentlemen are
brought from the prison of Dauphin county on a
writ of habeas corpus, having been confined under
| the following circumstances. The court was in
| formed this day that great riot had commenced
and was in progress, at and about the prison, and
that number Of persons were engaged III fighting
within the Jail walls; that much blood had been
shed, and some lives supposed to have been taken;
and it apprehcnded, from the number of per
in the street endcavoring 10 force cntra nee,
| that consequences of the gravest character might
| be expected. We directed officers, with the
fpolice OF the town, 10 raise suttc mt force, make
their way to the doors OF the prison and them
confining all who within, and preventing the
entrance of any more; and on this being done, to
raise sufficient force to arrest dsperse the mob
on the outside and secure and retain those within;
| all Of which appears to have been performed.
! Our sole Object was TO preserve the public peace
and secure those who had broken ii. The evidence
now before shows that the parties on hearing had
entered the vestibulc of the prison for the purpose
of securing their slaves who had fled from the State
OF Virginia, been charged with horse stealing, and
by us discharged this day writ Of habeas cor
pus. The evidence shows that great violence was
used by the owners in endeavoring to secure their
property; that the slaves most severely beaten,
and left bleeding and almost senseless. The par
ties before us are fully identified, and the facts
clearly proved.
| So tar as disclosed by those who have testified
there does not appear to have been any thing in the
nature character of the resistance To justify re-
sort to such extreme measures. The defendants
have Offered evidence TO show that they were at
tao ed by the slaves in hostile manner, and used
no more force than necessary to repel the at
tack and secure them in custody. We do not be-
lieve that, according to the rules of law in regard
| to preliminary examinations we have night to
hear their evidence.
| This is but preliminary examination on writ
of habeas corpus; we are not to hear the evidence
on both sides, but on the part of the Commonwealth
only else every such writ this court Tor the sep
| arate judges thereof, as the may be) would
arrogate TO itself the decision of all disputed facts
in the first instance, rendering the trial by jury
| perhuous and unnecessary. We possess by law
such power, but where primd tdcie case is made
out by the Commonwealth, must leave the cause TO
be settled by jury, when all the evidence Will be
| heard.
As u court, we will iudicially take notice Of the
facts proved before yesterday, that the men en-
deavorcd to be arrested slaves belonging to
Mr.. Taylor--and in decision this morning, VIC
declared that he had right to take them wherever
he could lay his hands peaceably upon them, ex
cept in the actual presence of the court.
We are also Of opinion that he and those whom
he may have called 10 his assistance had right
to just much force in arresting and securing g
| them as an officer Of this Commonwealth. with
process in his hands, has in executing such pro-
cess; yet, we could, by no means, justify a
sheriff or constable in using the amount of vio-
ence proved TO have been used in this case, but
| would hold them answerable for assault and
battery, 30 must hold these defendants. The
officer must, in the first place, all gentle means
TO secure the party ordered to be arrested III re-
sisted, he must ercome that resistance by force
but must be extremely careful to measure II by the
degree OF violence used against him, and can only
justify be- ting his prisoner to prevent great bodily
harm TO himself, nd must desist soon as he ha;
1t in his power 10 secure him by other means
We cannot accord TO the defendants here any
greater power, when they come on to our soil Il
seize their fugitive slaves, than we confer on our
own peace officers. The persons engaged in re-
sisting these men in the lawful exercise of their
right Of seizure, guilty of great wrong, and
most uujustifabe breach Of the public peace, for
which we have held many responsible could
be apprehended; and we must in like manner hold
these gentlemen TO answer at our next court OF
quarter sessions, where the whole subject will be
investigated BY the court.
j.. j. PEARSON. Presiding Judge.