The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-10-30

snail, In consequence OF any law or regulation
thereof, be discharged from such labor or service,
but shall be delivered up ION claim OF the party to
whom such service or labor may be due Ii de-
clares also, CART q, sec 20 THAT this Constitution
and the laws of the United States, made in pursu
thereof, shall be the supreme law of the land
and the judges of every State ehall be bound there
by, any thing in the Constitution laws Of any
State to the contrary notwithstanding
sBy virtue VI this clause of the Constitution the
master might have pursued and arrested his fugi-
tive slave in another State he might use as much
'orce as was necessary for his reclamation; he
might bind and secure him 10 prevent second
escape. but as the exercise OF such power, with
out some evidence of legal authority, might lead to
oppression aud outrage, and the master, ia the ex-
crclse OF his legal rights, might be obstruced and
hindered, 1t became necessary for Congress TO
tablish some mode by which the master might have
the form and support Of legal process, and persons
guilty OF improper Interference with his rights
inight be punished For this purpose the act of
Congress of 18th February, 1893, was passed BY
the Sd section of this act the master his agent
empowered to seize and arrest the fugitive and take
him before a Judge or magistrate, and having
proof OF his ownershlp, Obtain a certificate, which
should serve as legal warrant for removing the
fugitive.
'.The 9TH section describes four different offences:
ist knowingly and wilfully obstructing the claim
ant IN seizing or arresing the fugitive 3D. rescu-
ing the fugitive when arrested; Sd, harboringj
4tl, concealing such person after notice that he
II fugitive from labor"
Mclean, G05--Under this statute you will OBJ
CURED for harboring conCealing fugitive,
which party in ured may recover but the present
action is not for this penalty In this suit the plain
Tiff ID only entitled recover the damages he has
actually sustained by the acts of the defendants.
You will first determine whether the proof under
the principles here laid down, entite the plaintiff
to recover. And if they be entitled, you will
then have to consider the amount Of damages.
In order to cntitle the plaintiffs to your verdict,
they must have proved to your satisfaction:
L. That the slave or persons held TO labor men
toned in the declaration, some of them, were,
by the laws OF Maryland, the property Of the plain
tfor. the statute expresses it, that their labor
and services were due to the plaintiff for life or
term of years.
=. That these persons 80 held to labor escaped to
the State Of Pennsylvania.
3. That the defendants, or some OF them aware of
these facts, (havng notice or know ledge that the
persons harbored or concealed were fugitves from
taboro did harbor or conceal them contrary to the
true intent and meaning of the statute.
a. And If you find these facts in favor Of plaintiff
the amount OF the damage, injury or loss, sus-
tained by the plaintiff i'll consequence OF such har
On the first two points, there is no contradictory
testimony. But while the escape of the twelve
negroes has not been disputed, the defendants
counsel contend that the facts proved, do not
show that the fugitives slaves the property
of the plaintiffs, but on the contrary that they were
free.
That the fugitives were the property of Shad
rach s. Oliver at the time of his death, and that
the plaintiffs, his children, became their owners
by succession has not been controverted; but it is
commended that the negroes had become free by the
act of the plaintiffs.
l. By taking them to the State of Maryland con-
trary TO a law of that State.
2. BY voluntarily bringing them into the State
of Pennsylvania.
But as the proof on this subject rests entirely on
the evidence given by plaintiffs, and has not been
Contradicted, the counsel have consented, at the
suggestion of the court, that the questions of law
arising thereon shall be reserved for future consid-
Grafton If necessary.
You WILL therefore, proceed to consider this case
If the court had instructed you that these oblec
tions do not affect the plaintiffs title and find your
verdict on the other point; and if on that you find
for the plaintiffs will endeavor TO put the case
In the shape OF special verdict SO that the case
may be reviewed if necessary.
The question to which your attention will be
chiefly directed Ia, whether the defendants, or
either OF them, have harbored concealed the fu-
gitives contrary to the true meaning of the act of
Congress.
For this action is upon the statute and could not
be sustained at common law. The statute gives
not only an action Tor a penalty OF = 800 against
the person offending against 1t, but also action
on the case for the special injury which may have
accrued to the master or owner But in this action
the plaintiff must show, not only that the defend
ante have acted contrary to the statute, but that
less damage injury has been caused to the plain
tifs by such illegal interference.
The act OF Congress coutempates pursuit and
recapture, and the conduct prohibited is such as
tends and Is intended to hinder, obstruct, pre-
vent such reclamation. In of Of
captured fugitive, of an illegal interference to
hinder such recapture, when the master had it in
his power to effect it, the defendant would be liable
not only to the penalty, but also to pay the full
value of the slave thus rescued, and even primitive
or exemplary damages, as in other actions for a
tort But where the offence alleged is harboring
or conceaing, the plaintiff, if he would recover
more than nominal damages, must show that the
slave was ost TO him in consequence Of such ilie-
gal harboring concealng. In the case Of the
ha RI ot an hp md lafb etraaa
ter, the common law gave action on the case to
the master, because ii considered it wrong in
jury to the master that his neighbor should encou-
rage or protect his absconding apprentice instead
OF sending him back 10 his master.
But the principles of natural or national law,
drawn probably from the Jewish code, did not re-
quire that slave who had escaped from bondage,
one charged with merely political Offences should
be delivered up. Hence, ii these States had con-
tnued to be independent governments, foreign to
each other, or without any political connexion or
union, the State of Pennsylvania would not have
been bound to deliver up fugitive slave, nor
could an action have been maintained by a citizen
of a foreign State against citizen of this State
for harboring or concealing the fugitive
But one Of the great objects of this Union, and
the Constitution, which we bound TO support,
and which is the supreme law of the land, is TO
make US in many respects one people nation.
And il is well known that the Southern States
would not have become parties TO this Union but
Tor the solemn compact OF the other States TO pro-
tect their rights in this species Of property. This
Constitution, and these laws enforcing It, are bind
ing the conscience of every good citizen and
honest man, so long as he continues to be citizen
OF the United States of Pennsylvania, while
Pennsylvania continues TO be n member of this
Union. Those who unwilling to acknowledge
the obligations which the law Of The land imposes
upon them, should migrate to Canada or some
country whose institutions they prefer, and whose
institutions do not infringe upon their tender
sciences. But while they claim the benefits OF the
Union they cannot repudiate its obligations. The
people of Pennsylvania are opposed 20 the nsiitu
tions Of slavery, and have abolished it within their
borders.
But they acknowledge the right Of other States to
make their Institutions, and the obligation
imposed upon US TO regard the solemn compact
which we have made with the slater States. And
however IL may suit the taste of few individuals
60 derouuco the compromises Of this Union
"odious," Pennsylvania both and feel the i'm.
policy and folly Of making their territory city Of
refuge for the refuse population Of other States.
We resent the conduct Of foreign nations who
their white paupcrs and criminals 10 be trans
ported into our cities, and have in some instances
compelled them TO be returned 10 their own gov
ernments; and our compact with our sister States
docs not compel US to submit to such grievance
from them. 1t would seem, therefore, TO be as in.
consistent with true policy, as it is with our