Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-06-27
Fugitire Slapes--Important Decisions.

Fugitire SlaueS-- Important Decisions.
The following report of a case recently tried in
Indiana furn-hes an important legal acknowledge
ment of the right of the STAKEHOLDER to recapture
his fugitive slave in free State, and bring him
bodily away, without molestation, except at the
peril of paying heavy damages for interfering
with him, if his right of property be disproved
The popular violence by which the slaves were
actually rescued, proves, however, that public
tment in the free States is lamentably perverted ::
From the Indiana State Journal, June IS.
IMPORTANT DEcsIoN-The suit of John Norris, of
Boone county, Kentucky us Leander B. Newton E
B. Crocker and seven Others, for the recovery OF da
images for aiding and abettng the escape OF slaves after
than weeks investigation before the circuit court
of the United States, was determined on Wednesday
last in favor of the plaintiff verdict OF two thousand
eight hundred and ftysx dollars given by the Jury
against the defendants, the value of the slaves and
9th damages.
This suit has elected considerable interest," and was
decided mainly under decision of the Supreme Court
OF the United States in the OF Prigg where the
court takes the ground that the of slave has the
right, under the constitution and act OF Congress- to
capture his property any free State and take thence
without going before State court and obtaining GER
thcate.
On this trial it was proved that four negroes claimed
by Norris, captured in the State of Michigan They
nad aOSc0nded rom their master, BnOne county,
Kentucky, in October, 1876. That he immediately on
the next morning alter their escape, went in pursuit of
them. He proved by two or three witnesses that he
was their owner, and had been for number of years.
After searching for his negroes between one and two
months, he abandoned the pursuit He traced them as
far as Laurel, in Franklin county, but cou Id then OBJ
tain further information to the they had ia
ken. Last fall he received information that they had
fled to Michigan, and settled in neighborhood 10 Cass
county, where it is estimated by witnesses that about
thousand negroes reside He took some five or six
persons with him, and, in the night captured his
groes in Michigan, and immediately proceeded on his
journey homeward to Kentucky After passing through
South Bend, and at distance Of mile and half from
the town, Norris and his party stopped the roadside
Bend, accompanied by the deputy sheriff of the county,
and made an arrest, under writ Of habeas corpus
Norris and his party returned with the negroes to South
Bend, and trial had before the judge OF the pro-
bate court OF St Joseph county Norris made return
the writ of habeas corpus under OATH stating that the
negroes were his property and that he taking them
to his residence in Boone county, whence they had
capped. The truth of this return was admitted by
Croker, who appeared in behalf of the negroes, but
who filed a demurrer, claiming the Liberation OF the
slaves, on the ground that they had been captured in
Michigan, and there was no certificate OF the right of
ownership having been proven in that State The
judge deciding that this necessary liberated the
groes Norris anticipating this decision had procured
writ to take the negroes from the clerk OF the circuit
court, and the decision pronounced att
tempted TO take possession of them, when scene of
great confusion ensued. The Kentucky party were
armed with pistols and bowie knives, and the crowd
with canes and clubs. After considerable excitement
the negroes taken to the Jail of the county, by the
sheriff. tor safe keeping.
Several criminal were then Instituted against the
Kentucky party, which it was alleged by the plain
ts counsel were for the purpose of aiding in the ult-
ded OF the sheriff by Norris but he refused pos
session as in the mean time, second writ OF habeS
corpus had been issued, on which the negroes were
in the end discharged Norris not appearing the
cond trial The first trial was had on Friday after
noon, and the negroes were finally liberated the
next Monday morning During the time intervening, it
was IN evidence that from seventy five to two hundred
negroes, from Michigan, were present in South Bend,
armed with guns and clubs, and number ofthem finally
escorted the negroes out of town, when they were
discharged.
Judge Mclean, in giving his charge to the Jury, said
that the decision OF the Judge on the first trial the
writ OF hdbedS corpus, was incorrect, under decision
OF the Supreme Court OF the United States the case
above referred to that this decision applicable to
the case; that the writ of habeas corpus was proper
and was at all times allowable but the question under
1t IN this case was the right OF ownership That being
admitted the slaves should have been emanded into the
custody of Norris. The Judge sad he had dlssented
from this decision of the Supreme Court of the United
States when it was given &; but he now bound to
carry it out On the part Of the Defence plea
up that Norris had given his negroes liberty to come
across the river at the time Of their but this
not the satisfaction of the jury. Had this
been the Norris could not have had the advantage
o. the act of Congress and the decision of the Supreme
Court in their capture.
Messrs I.iston and Smith acquitted themselves with
much credit the part of the plaintiff and Messrs Jer
negan and Marshall made most able defence. MIR.
smith spoke between six and seven hours in the closing
speech
Under this decision can see no reason why the Cit
liens OF the South shou Id complain of injustice being
done them while In pursuit OF their fugitive slaves, at
least so tar as Indiana concerned The law as it ex-
lists, will soon be understood under few more decisions
like the present, and all future difficulty will be avoided
We have no doubt that much OF the excitement was
easoned on the part of many of the citizens OF South
Bend consequence OF either misapprehendng the true
nature OF the case, or The law under which they
acting All citizens according to the decision OF the
Judge are bound to know the law, and great pains will
hereafter no doubt be taken become involved in
difficulties like the present The of the present
SUIT addition TO the damages awarded, will be very
great
motion has been made by the defendants counsel
Tor new trial and an arrest OF Judgment
In Iowa, we learn from the Burlington Tele-
graph, that Elihu Frazier, Thomas Clarkson Fra
zier, William Johnson Pau Way, John Conner and
John Pickering, implicated with several others, for
aiding and abetting in the flight of certain slaves
belonging to Mr.. R. Daggs, of Missouri, and for
forcibly rescuing said slaves from the agent of
the owner who had recaptured them in Iowa,
have been convicted in the u s. District Court in
session in that city, and fined $4,000 for the Of
fence. The counsel for the defence gave notice
of motion for new trial
The principle decided by Judge Mclean, in
the Indiana case above reported, strikes us as be
ing of more value to the saveholding States than
any amendment of the present law for the recap
ture of fugitive slaves is likely to be. If it be
established as the law of the land, that the owner
of fugitive may 60 to him in free State, lay
hands upon him and bring him away, and at any
man who undertakes to pr event him, does so at
the peril of paying heavy damages if he fail to
prove that the negro is not the slave of the capor
we think there will be much less conscience and
philanthropy in the North than are now prevalent
there. A constitutional argument, sounding in
damages, as the lawyers say, is an excellent rene.
dy for conscientious scruples.