The mountain sentinel. [volume] (Ebensburg, Pa.) 1844-1853, 1850-01-31
From the Harrisburg Keystone.
Uoiusi and Irritating toward The SOuth.

found in the nOn-Slave hOlulng states, 10
one of the greatest causes OF irritation be-
tween the two sections of the Union. The
Governor of Maryland transmitted the fol-
lowing message 10 the Legislature. on the
llth inst, which we copy from the Balti-
more San, together with the resolutions
adopted in pursuance of the message by
the House of Delegates:
DEPARTMENT OF STATE,
Annapolis, Maryland,
January l1th, 1850.
To the House of Delegates:
| herewith transmit the accompanying
papers having reference TO two several
cases, arising under the constitution of
the U nited States, and the act of Congress
approved on the 18th of February, 1893,
! in relation to the re-capture of fugitiyes
| from service and labor.
! From the first of these papers il will be
perceived that negro man, named Joseph
Belt, the slave of John Lee, Esq, citi-
zen Of Frederick county, who had previ-
ously absconded from the service of his
master, was arrested in the city of New
York, on or about the goth day of De-
cember, IS4S: and Immediately thereafter,
and before his removal to this state, was
taken from the possession of Mr.. Lee,
under and by authority of writ OF ha6e-
as corpus, issued by one of the justices
of the Supreme Court of the state of New
Y ork. 1t VIII further appear that, at the
hearing Of the case, although the proper
ty, in the slave, was clearly established
by the onfessions of the negro himself,
and by the testimony of competent wit
nesses, proof was required by the court
to be presented that slavery was author
ised by the laws of Maryland; and, al
though the evidence Of that fact was sup
piled, both by the oral testimony of wit
nesses and by the production of the print
, ed statues of the state, such as are read IN
our own courts, that evidence was reject
, ed, and the respondent was held TO furnish,
as the only legal and admissible evidence
a copy Of the law itself, under the certif-
cate of the Governor and seal OF the state.
. Such evidence not being al hand, the slave
was forthwith discharged, and his owner,
under color of law, deprived of his pro-
perty in manifest violation of the constltu-
ton of the United States and the act of
Congress above referred to. This extra
ordinary decision, in derogation as il is OF
! the plain meaning and intendment of the
constitution, and designed as it was, 10
the re-capture of fugitive slaves, than had
q previously existed, will, nevertheless, as
long as 1t remains unreversed, be consld-
, cred authority in the state of New York,
f and 1t is of the greatest importance TO the
. people of Maryland that measures should
be taken to test its constitutionality. 1t is,
therefore, respectfully suggested that a
resolution be passed directing the attorney
f general, at the cost of this state, to carry
the case, by writ Of error, or otherwise, TO
the Supreme court of the United States,
IN order that the subject may be examined
by that tribunal, and the decision reversed.
The other papers consist of a commu-
: nlcaton from a citizen of Virginia, OF high
character, accompanied with affidavi:s
t setting forth that certain Jonathan Little.
! of Washington county, in this state, is
now in confinement in the Jail of Hunting
| don county, in the state of Pennsylvania,
awaiting his trial upon an indictment OF
j kidnapping negro. The facts, as stated,
! are that Jonathan Little, together with
two 9th er persons, arrested, in that county
fugitive slave named Jacob Tenley, the
property of Elizabeth MCLEAN, of Fred
erick county, and while in the act of con-
, veying him to his owner, the slave rescued
from their hands and set at liberty. That,
sometime afterwards, Jonathan Little hav-
> ing returned TO Huntingdon county, was
j, arrested and imprisoned in the Jail of that
, county, in a narrow cell, heavily ironed
and treated in all respects as a felon. II
! is further stated that the trial of Little was
continued from the last term Of the court
;. of that county, notwithstanding his wit.
= nesses were all in attendance, until the
9 January term, which will take place in a
y few weeks from this time; that Little is a
poor man, and unable to employ and pay
> counsel to defend him. 1t is, therefore,
. suggested in these papers that it is the
duty of the state of Maryland to provide
him counsel, in order that he may be
, properly defended.
These cases present two instances, out
! of the very many others, to show the OBJ
stacles that are constantly interposed to
, prevent the re-capture of absconding slaves
E not only by the populace, but by the judi
cial tribunals.
The whole subject is respectfully sub
mitted for your consideration and action.
PHILIP F. THOMAS.
The following is copy of the resolu-
tions introduced. in the House Yesterday.
8 by Mr.. Causin, from the judiciary COM
mittee, to whom the subject had oeen re.
ferred.
Whereas, |. is represented to this Gen
eral Assembly, that in the matter of the