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

| The CONSTITUTIONS AND LAWS VINDICATED.-The
| following is copied from the Indiana State Journal
of the 18th instant:
InpoRrAsT DEclsrosThe suit Of John Norris, Boone
county, Kentucky Leander B. Newton, E. B. Croker,
and others, for the recovery damages for aiding
and abetting the escape Of slaves, after than o
es investigation before the Circuit Court of the United
States determined Wednesday last favor Of the
plaintiff. verdict Of TWO HUNDRED AND
rIrTr-sIx given by the nry against the de-
PENDANTS, the value of the slaves and other damages
Th suit has ELECTED considerable interest, and was decided
mainly under decision of the Supreme Court the United
States in the of Pigg, whore the Cou takes the ground
thai the owner Of slave has the right uns the constitution
and act of Congress, to capture his properly in free State,
and tale thence without going before State court and
obtaining certificate. G3
On tis trial it proved chat four negoes claimed by
Norris, captured in the State Of Michigan They had
abscoaded from their MASTER Boone county, Kentucky,
in October, lS46 That he immediately the
ing after their escape, went in pursuit Of them He proved by
two three witnesses that he their owner 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 coury, but could
then obtain further information to the route they had
taken. Last fall he received Eormasion that they had fed
to Michigan, and settled in nehboohood in Cass county,
where is estimated by witnesses that about thousand
negroes resde He took five sx persons with him,
and, in the night captured his negroes in Michigan and inn
medatey proceeded on his journey homeward to kentucky
After passing through South Bend and at distance Of mile
and half from the town. Norris end his party stopped the
roadside for refreshments While there party came from
South Bend accompanedby the deputy sheriff county,
and made arrest, under writ Of habess corpus Norris
and his party returned with the negroes South Bend and
trial had before the Judge Of the probate Of St.
Joseph county Norris made return the writ of habeas
corpus under oath, stating that the negroes his pro-
perry, and that he taking them to his residence in Boone
county, whence they had escaped The truth Of this
admitted by Crocker, who appeared in behalf of the
sroes, but who filed demurrer claiming the liberation of the
had
and there certificate of the right Of ownership having
been proven in that State The Judge, deciding that this
was necessary liberated the negroes Norris anticipating
this decision, had procured writ to take the negroes from
the clerk Of the circuit court and the decision
pronounced attempted to take them when scene Of great
confusion ensued After considerable excitement the negroes
were 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 by the plaintiffs counsel
for the purpose Of aiding in hs ultimate Of the
negroes. The negroes demanded Of the sheriff by
Norris but he refused possession the time
second writ of habeas corpus had been issued which the
negroes were, the end discharged, Norris appearing
on the second trial. The first trial had on Frday.ate-
noon and the negroes finally liberated the Mon
day morning. During the time intervening it was a'ev-
dence that from sesenyfye to two hndred 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 .~ssiss
Judge McLEAN giving his charge the jury aid that
the decision Of the judge on the first trial. the writ of ha
incorrect under decision the Supreme
Court Of the United States in the above referred that
this decision applicable to the that The writ habess
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 remande
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 il out
On the part of the Defence plea that Norris had
given his negroes liberty to acrsss the the time
Of their escape but this proven the satisfaction of
the jury Had this been the case, Norris could have had
the advantage Of the act Of Congress and the decision Of the
Supreme Court in their capture.
MesHs Liston and Smith acquitted themselves with much
credit the part Of the plaintiff and Messrs Jernegan and
Marshall made most able deience Mr. Smith spoke be-
tween six and seven hours in the closing speech. >
Under this decision why the citizens
of the South should complain Of injustice being done them
while 10 the pursuit of their fugitive slaves at least
Indiana is concerned. The law it exists win soon be
understood under few decisions like the present. and
all future difficulty will be avoided We have no doubt that
much Of the excitement occasoned the part of many
Of the citizens Of South Bend in consequence Of either
experimenting the true Of the case the law under
which they acting. All citizens according to the de-
cson of the judge bound know the law and great
pains will hereafter doubt be taken become involved
IN difficulties like the 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.