Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-29
FUGITIVE SLAVE CASE.

! The CONSTITUTION AND LAWS VINDIcATEp.-T
following is copied from the Indiana State Journal
! Of the 18th instant:
InpoRrAsr DEc1sros suit of John Norris, of Boone
county, Kentucky, Leande B. Newton, E. B. Crocker
and Others for the recovery Of damages for aiding
and abeting the escape Of slaves, after than
weeks investigation before the Circuit Court of the United
Saes determined Wednesday last in favor Of the
Plaintiff verdict of TRousAND zrsHT HUNDRED AND
given by the Iary against the de-
fendsns the value Of the slaves and oqer damages
The suit has ELECTED considerable interest, and decided
mainly under decision Of the Supreme Court Of the United
States in the of Prgg, where the Cour takes the ground
thai the owner of slave has the right unr the consultation
and act of Congress, to capture his properly in free State
and al:e thence without going before State and
obtaining certificate. E
On this trial it proved chat four negroes claimed by
Norris captured in the State Of Michigan They had
absconded from their master, Boone county, Kentucky,
in October, S48 That he immediately the next morn
ing after their escape, went in pursuit of them Heprovedby
two three witnesses that he their oner and had been
for number Of years. After searching for HE negroes be-
tween and two months he abandoned the pursuit. He
traced them far LAUREL in Franklin couny, but could
then obtain further information the they had
taken. Last fall be received information that they had ed
to Michigan, and settled in neghboorhood in Cass county,
where is estimated by witnesses that about one thousand
negroes reside He took FIVE persons with him,
and in the night captured his negroes in Michigan and inn
medately proceeded his journey homeward Kentucky
After passing through South Bend and distance Of mile
and half from the town. Norris end his party stopped the
roadside for refreshments. While there party came from
South Bend accompanied by the deputy sheriff Of the county
and made arrest, under writ Of habsas corpus Norris
and his party returned with the negroes South Bend and
trial had before the Judge Of the probate court Of St.
Joseph county Morris made return the writ Of habeas
corpus under oath, stating that the negroes his pro-
pery, and that he taking them his residence Boone
county, whence they had escaped The truth Of this return
admitted by Crocker, who appeared in behalf of tho
groes, but who filed demurrer claiming the liberation of the
slaves the groundh they had been captured in Michigan
and there certificate Of the right Of ownership having
been proven in that State The Judge, deciding that this
this decision, had procured writ to take the negroes from
the clerk Of the circuit court and as the decision was
pronounced, attempted to take hem when of great
confusion ensued After considerable excitement the
taken to the jail Of the county by the sheriff for safe
keeping
Several criminal suits then Instituted Against the Ken
lucky party, which, alleged ty the plaintiffs counsel
for the purpose Of aiding the ultimate rescrs Of the
negroes The negroes were demanded Of the sheriff by
Norris but he refused possession in the time
second writ of habsas corpus had been ssaed which the
negroes in the end discharged, Norris appearing
the second trial. The first trial had on Fday,ate-
noon and the negroes finally liberated the Mon
day morning. During the time intervening, it aev
dence that from sevenyfve to two hundred negroes from
Michigan, present in South Bend armed with gasand
clubs and number of them finally escorted the negroes
Of town, when they were discharged .ss9ss
Judge McLEAs, giving his charge the jury said that
the decision of the Judge the first trial. the writ of ha
beas corpus incorrect under decision Of the Supreme
Court the United States in the above referred that
this decision applicable to the that The writ of habeas
corpus proper, and at all times aloyabe; but the
question under it in this the right OF ownership
That being admitted the slaves should have been emande
into the custody of Norris The judge said he had dssented
from this decision of the Supreme Court Of the United States
when given but he bound carry it out.
On the of the defence, plea that Norris had
given his negroes liberty to acrss the the time
of their escape but this proven the satisfaction of
the jury Had this been the case Norris have had
the advantage of the act of Congress and the decision of the
Supreme Court in their capture.
Mess Lston and Smith acquitted themselves with much
credit the part Of the plaintiff and Messrs Jenegan and
Marshall made most able defence. Mr. Smith spoke be-
tween six and seven hours in the closing speech. y
Under this decision why the citizens
of the South should complain Of injustice being done them
while the pursuit of their fugitive slaves at least far
Indiana is concerned The law, exists will soon
understood, under few decisions like the present. and
all future difficulty will be avoided We have doubt that
much Of the excitement occasioned the part many
of the citizens of South Bend consequence OF either
appehendng the Of the case, law under
which they acting All citizens according to the de-
cision of the Judge bound know law and great
pains will hereafter doubt be taken to become involved
in difficulties like the present The costs of the present suit
in addition to the damages awarded, will be very great
motion has been made by the defendants counsel for
new trial and an arrest of judgment.