Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1850-11-02
Selections.
From the Christian Citizen.
Slavery and the Law,


The following letter was addressed to our
esteemed friend, the Rev. Elnathan Davis,
and was placed at our service by him. The
subject must come home to the heart of eve
nv lover of Justice aud of his species; and
the spirit of the noble-hearted writer must
commend itself even to the most deterTnn-
ed opponent of his principles. The writer
Is an eminent and estimable lawyer in South
Bend, Indiana, who, because he merely ex-
ercised his professional abilities in defence
of what he considered the law, has been
ruined through the malignity and corrrup-
ton Of the slave power. We earnestly en-
treat every one who reads this simple nara
tive of heroic devotion TO truth and liberty,
to ask himself where the tyranny of slavery
is to stop? And If it is not time for him TO
protest against its hagrant contempt of all
our rights and liberties as republican free
men. The writer of this letter is about to
publish detailed account of the whole case
in pamphlet form, which will show what
fiction of liberty is, in this Republic, when
il is placed at the bar before a pro-slavery
judge and n prejudiced jury.
"About midnight, on the 9th of Sept.
last, Mr.. Norris and others broke into the
house of MIR. Powell, in Cass county, Michi-
gan, while he was absent from home. They
drew their pistols and bowie knives, COM
PEELED his wife and three children to rise
from their beds, hurried them off to their
covered wagons, and started post haste for
Kentucky. The alarm was given and pur-
suit commenced. They were overtaken
near this place by neighbor, who was in
pursuit. He was acquainted with me, and
of course came to me, the first thing, TO
know what to do. Knowing me as well as
you do, you can weh understand that did
not hesitate moment what course TO take.
l Immediately drew up petition for writ
of habeas corpus, which was sworn TO by
Mr.. MaudiD, the friend of the negroes, set
ting forth Vat he was informed and believed
they were free persons The writ was
granted by the Probate Judge, and the Sheriff
followed the Kentuckians with it, and over
took them about one mile south of the town.
The writ was served, and they came back
to town for a trial. The name of the leader
being unknown when the first writ was is
sued, new one was obtained properly di-
rected. Norris set up, in his return TO the
writ, that the negroes were his slaves; that
they had fled from his service in Ky; that
he had arrested them in Cass Co., Michigan,
and was on his journey returning with them
to Ky. He did not pretend that he had OBJ
tanned certificate for their removal out of
the State of Michigan, under the act OF Con-
gress of 1893. Messrs Listree & Staniield
appeared for Mr.. Norris at the trial. The
captives excepted to the sufliciency of the
return, on the ground that without the GER
tifcate Norris could not legally hold them
in custody in Indiana, even if they were his
slaves. After full and fair hearing, the
Judge decided that, as the act of Congress
,aO.,.rad tho clain,a1 mi m N partiiipafa
before removing them out of the State where
they were found and as no such certificate
had been obtained, the captives were not le-
gally held in custody, and ordered them to
be discharged,
No sooner was the decision pronounced,
than the Kentuckians gathered around the
captives, with their pistols and bowie knives
drawn, and held them by force. The Court
House was crowded, and the people be-
came, of course, very much excited at such
proceedings in court of justice. For some
time il seemed as though a bloody fight was
inevitable; but at last at the request Of Nor
ris, the Sheriff took the captives, and locked
them up in Jail 1t was now discovered that
while the trial was progressing, Norris hao
obtained a writ of the Clerk of the Circuit
Court, under our State law relative to iugi
tives from labor, and claimed the right tc
hold them under that. Two new writs o.
habeas corpus were obtained, one directed
TO the Sheriff and the other to Norris, re-
turnable before the same Judge, on the lst o
October. Norris refused TO appear, though
in town. The Sheriff returned the writ di
rected to him, setting forth a copy of the
writ issued by the Clerk. Ii was satisfacto
rily shown to the court, that the United
States Supreme Court had decided that al
State laws relative to fhgtives from labor
are unconstitutional and void; and it follow
ed, of course, that the writ issued by the
Clerk was null and void. The captives were
accordingly discharged, and quietly depart
ed to their home.
ID was under these circumstances tina
Norris went home, and commenced suit il
the u. s. Circuit Court of Indiana, agains
myself and eight other Of the friends
of the captives, TO recover the value
of the alleged slaves. The trial came off il
June last, before Judge Mclean.
On the trial, it was contended that person.
claimed as fugitives from labor had no righ
TO the writ of habeas corpus, and was frank
iy admitted that if they had right to thi
writ then the plaintiff could not maintain hi
suit. as persons could not be made liable a
nespassers in carrying into effect the orde