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

PHrLADrIrurA, October ., IS.


admHng the high-ioned. impartial, us, and patriotic
opinions and sentiments imbodied in your charges 10
them on that OCCASION conscienioUsy believe they are
such as ought 10 influence every houesi true hearted
American, and their dissemination among the people
would have tendency allay the ieversh excitement
Wnieh prevails. to some extent on The subject Of slavery
! OF the charge for publication
With sentiments OF high respect your friends and fel,
low ctzens
Strange Palmer. S Hoffman,
| Geo w Stich,er, A. L. Henderson,,
Jesse IesSh !; S.sa,s knight Henry t1 l!i kaaaet'
! Hon RoBERT c, GRIfR,
IN oreua court Of ne United States, eastern dsrict of
I a ttAgaa PennsBfUonm. 3
Cecilia Oliver 81 al By their Iext friend Eli Stoke ct
| zens of Maryland Us Daniel Kanltnan, Stephen Weak
ley, and Philip Breckbill, citizens of Pennsylvania
II NJ. Watts, C. B. Penrose, counsel for plaintiffs w
b, Reed, Iba,deus Stevens, counsel for defendants
The plaintiffs n this action are Cecilia Oliver, Ellen
children Of Sbadrach 5. Oliver and sue by their next
iriend Eli Stoke Stadrach s Oliver their father, had
formerly resided in Maryland and removed TO the State
OF Arkansas, where he died in February, lsi6 He was
owner OF certain slaves His estate was led up, and
The properly amicaby divided between his widow and
children Twelve slaves, consisting Of TWO husbands and
Their wives and their children, were allotted to The
plaintiffs. Ia May, ls47, the mother returned TO Will
Transport, Maryland, taking with her the plaintiff, her
children and their slaves. On their way they passed
through Pennsylvania, on the national roal between
Wheeling and Cunb- rland In October, 1s47 (Irom 10th
o15t these slaves fled 10 Pennsylvania and pur
sued by the agent and friend of the pIanth tor the pur-
pose Of recaplarng them and taking them back in this
attempt they were unsuccessful. The fugiyes
traced through Chambersburg into Cumberland couny
This action has been brought the name of these infant
children. against the defendants, Stephen Weakley, DAN
ie Kauman and Philip Breckbil, citizens of Cumber
land county II is an action on the The declara-
tion sets forth Hs#
Tha, plaatis are citizen, Of the STATE Of Maryland
and we,e owner, Of twelve certain negroes who, ~ he
plaintiff. That IN October 1917 the said twelve negroes
made their escape from the anuis aud came into Cum
ton and laws Of The United States had rghtp pursue
aud anes and take snii lg,tiv-s, AM ca.te them
return their owners in Washington eoanty Maryland.
Bur the defendants, well knowing the premises aud
irving aud audulenuy intending TO deprive the plaintiff
Ionuousy and illegally harb0r and conceal The sald
negroes, knowing them 10 be in2itives from abo aud
the labor and service Of the plonrh aud obsucted and
hindered him from SELLING, aesling, and recovering
said slaves whereby they were wholly lost to the pan
g. The second count of the declaration charges the de-
PENDANTS with illegally entcing, persuadng procuring,
aiding and assisting said twelve negroes 10 absent them
selves from and wholly 10 leave and escape the service
and labor of plaintiffs.
g. The third count after stating the ownership and es.
cape OF the slaves substantially in the first and the
right oil plaintiff 10 pursue and reclaim them charges that
the defendants, well knowing the premises, illegally and
auduleny harbored and concealed them whereby they
escaped from the labor, &c Damages laid at $4,000
To these charges the defendants have pleaded that they
are not guilty And whether they are guilty or no, OF
the conduct charged is the question which is your
duty 10 Decide under the instructions ol the court
the law
The Judge here read from his charge 10 The jury in
late case Tried al Ptsburg, tVan Meter Us Mitchell,
Law Journal Pennsylvania, page ll6 10 llS)
ITO your ins igencc il is perhaps unnecessary
remark that in order discharge the duty you have
presenteo you, The law OF the land stated you by
the and applied by you the facts OF the case
suies the only element OF such verdict No theories OF
opinions which lou may entertain with regard
liberty buman rights, the policy justice OF system
the jury We dare not Substitute our CONVICTIONS o.
opinous swever honestly enieraintd for the aw Of the
"The ex,radion OF criminals slaves, escaping from
county to another, has generally been considered
aud law Of naons which refuse to deliver up persons
guilty OF political oencs. probably have bor
2s 18th, sThou shalt deliver his master
the which has escaped from his thee
| "The institutions Of the Jews, while they tolerated
slavery, and would not permit the hatbo'ng conceal
Ing Of the slave o one Jew by another nevertheless Tor
bsde their exaditon when they escaped into Judea from
- n,o While A1s d. sea s"el LAWS S
slaves escaping from foreign nations, the people of these
s s ues @
OF their Union, deliver up slaves escaping from
an, .S sy. s Ss on oS' So O.
slavery, Is well know st southern brethren would
which ef The USed ses have essyed 30 much pospe
unless their property ~ slaves nsd been secured THIS
constitution has been adopted 10y The Tree nt OF the
people Of Penn ,ylvana, end i The dury Of every
gyeta fair and candid construction, and carry II into
| full toIcc aud effect
Ttc provision OF the constitution (arclo Ih s
I Is as toilowst ~ ...s..e. ...# .. .H##
No person held to service OF labor In one State under
the laws thereof, escaping into another shall. la
quence OF law regulation thereof be discharged IRON
labor service, but sal be delivered on claim
Of The party whom such service labor nIsy ne due
declares also, ait sec - Ihat thls constitution and
laws OF the United States made IN thereof
shall be supreme law Of the land, and the judges Of
every State sba be bound thereby, any thing ,ne cons
tuition laws Of any State 10 the contrary nowiltand-
ing, :, ,,, :, =. ,.,,,... =. .,.
might have pursued and arrested his fug tive slave in
other State he might much force was necessary
Tor his reclamation hc mlgt bind and secure him so to
prevent second escape Bnt the exercise OF such
power, without evidence OF legal authority, might
lead oppression aud outage and the master IN The
Of his legal rights, might be obsructed and hindcred IL
became necessary Tor Congress 10 establish mode by
which the might have the form and support OF legal
proct and persons guilty ri improper interference with
bis rights might be punished For this purpose the Of
Congress OF I2h February, o3 passed BY the third
secon OF this act the master or mis- agent Is 10
and the fugitive and take him before judge
grate and, having proof OF his rsbp, obtain
ccndcsic, which should legal for
"The 4ih section describes four different offences Is
know ngly and wfuy obstrucpg the claimant In
arcsng the iugitvc ~ rescung the fugitive when
arrested 81, harborng f concesng such person after
notice that he 10 a iugilive from labor" 0.#M
2McLean, Cos" Under this statute you will observe
that penalty OF five hundred dollars Is incurred for hHrbor
ing concealng fugitive, which the party injured may
this suit the plaintiffs only entitled The damages
he has actually sustained by the acts OF the defendants
You win st determine whether the proof under the prn
cpes lad down, entile the plaintiff 10 And
4 he be 80 entitled you will then have to consider the
amount OF damages"
s-a.. a. ..,:,t. .a..,a. ~ yo,r varJ;rt