The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-10-30
In Circuit Court U. s. E. d. of Pa

In Circuit Court u. s. E. ID. Of Pa.
Cecilia Oliver ct al, by their
next friend Eli Stoke, citi
zens of Maryland, Case-Tried, Oct
Daniel Kaufman Stephen
Weakley and Philip Brock
bill, citizens of Pennsylya
4 4 B. y. p watts, Counsel for pl'ns.
T w; d. Roe Stevens Counsel for dof'ts.
The plaintiffs in this action are Cecilia Oliver
Ellen X. Oliver, and Catharine Oliver. They are
the minor children of Shadrach 5. Oliver, and sue
by their next friend, Eli Stoke. Shadrach ). OH
ver their father, had formerly resided In Mary
land, and removed TO the State of Arkansas, where
he died. in February, 1916. He was owner OF GER
tain slaves. His estate settled up, and the pro-
perty amicably divided between his widow and chill
dren. Twelve slaves, consisting OF two husbands
and their wives and their children, were allotted to
the plaintiffs In May, lS47, the mother returned
to Williamsport, Maryland, taking with her the
plaintiff, her children, and their slaves. On their
way they passed through Pennsylvania on the ma
tiona road between Wheeling and Cumberland
In October, lS47, (rom 10Th 10 l5h,) these slaves
fled to Pennsylvania, and were pursued by the
agent and friend of the plaintiff for the purpose Of
pturing them and taking them back; in this at
tempt they were unsuccessful. The fugtlvcs were
traced through Chambersburg into Cumberland
county. This action has been brought IN the name
Of these infant children against the defendants,
stephen Weakley, Daniel Kaufman, and Philip
Breckbill, citizens of Cumberland county. IL is an
action on the case The decls ration sets forth
"That plaintiffs are citizens of the State OF Ma
ryand, and were owners Of twelve certain negroes,
who, by the law of Maryland, were held to labor
and service by the plaintiffs. That IN October,
lsI7, the said twelve negroes made their escape
from the plaintiffs and came into Cumberland
county, Pa, where the plaintiff, by the Constitu-
ton and laws of the United States, had right to
pursue and arrest, and take said fugitives and
cans In ttrnt IN owl In Waghlnr-
ton county, Maryland. But the defendants, well
knowing the premises, and contrlving and fraudu-
lcntly intending to deprive the plaintiff OF the la,
Dor and services due TO them by said fugtves, did
tortuousy and illegally hdrbor and conceal the said
ttDtius negroes knowing them to be fugitives from
labor, and enticed, persuaded and assisted hen 10
escape from and leave the labor and service OF the
plaintiff, and Distracted and hindered him from
scizng, arrcstng, and recovering said slaves,
whereby they were wholly lost to the plaintiff"
2. The second count Of the declaration charges
the defendants with illegally entcing, pcrsuading,
procuring, aiding, and assisting said twelve ne
groes to absent themselves from and wholly to
leave and escape the service and labor Of plaintiffs.
3. Tho third count, after stating the ownership
and escape of the slaves, substantially as in the
first, and the right Of plaintiff TO pursue and re-
claim them, charges that the defendants, well
knowing the premises, illegally and fraudulcntly
hGrborfd and concealed them, whereby they escaped
from the labor, &c.-damogcs laid at S2O,OOO To
these charges the defendants have pleaded that
they not guilty.
AND whether thcy arc guilty. OF not, OF lnC con-
duct 30 charged, is tho question which it is your
duty decide, under the instructions of the court,
60 the law.
The Judge here read from his charge to the jury,
in late tried at Pittsburg, (Van Meter
Mitchell, Law Journal Penna., page lilo TO ll5)
"TO men Of your intelligence, it is perhaps un
necessary to remark, that IN order TO discharge the
duty you have sworn 20 perform of rendering
true verdict the issucs presented to you, the law
OF the land as stated TO you by the court and APP
piled ny you to the facts OF the case, constitute the
only clements Of such verdict. No theories or
opinions which you or VIC may entertain with re-
gard 10 liberty or human rights, or the policy or
justice of system Of domestic slavery, can have
a place on the bench or in the jury box We dare
not substitute our convictions opinions, however
honestly entertained. for tho law Of the land.
Tho cxtradiGon Of criminals or slaves, escaping
from one country TO another, has generally been
considered matter Of comfy, and not of right;
and the common law and law Of nations, which re.
fuse to deliver up persons guilty of mere political
offences, most probably have borrowed this princ-
pie from TIE Jewish CODE Dcut, chap %, verse Is:
Thou shalt not deliver unto his master the servant
which has escaped from his mister unto thee &C.
"Thc institutions Of the Jews, while they toll
Grated slavery, and would not permit the harbor-
ing or conccaling of the slave Of ono Jew by an
other, nevertheless forbade their cxtradtion when
they escaped into Judca from gentle or foreign
nation. And therein our own laws arc assimilatod
To theirs. While we would not deliver up slaves
escaping from foreign nations, the people of these
United States, as ono people, united under com
mon government have bound Themselves by the
great charter of their Union TO deliver up slaves
escaping from ono State into another. Whatever
may be our private opinions (says Chief Justice
Tilghman) on the subject OF slavery, II is well
known that our southern brethren would not have
consented to become parties 60 Constitution, I'M
der which the United States have enjoyed SO much
prosperity, unless their property in slaves had been
secured. This Constitution las been adopted by
the free consent Of the people of Pennsylvania and
II is the duty of every man TO give IL fair aud can
did construction, and carry il into full force and
effect
The provision Of the Constitution Cart 9TH, sec.
3D. ia as follows:
Ono person held TO service or labor in one State