The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-10-24


TO have any other witnesses called, Judge
Conkling pronounced the following
DECISION:
The specific charge on which the prisoners have
severally been arrested and brought before me for
examination, is that Of having unlawfully aided
in the escape Of alleged fugitive from labor af
ter he had been apprehended, and while he was
yet in custody, in virtue Of warrant issued in
proceeding for his restoration to the possession of
the person, citizen of the State of Missouri, TO
whom it was alleged his labor was due.
In proceeding now, as il is my duty 10 do, to
decide upon the legal effect Of the evidence before
me, it is proper to premise that there ID no test
mony tending to fix upon the defendants the guilt
ofany higher offence than that just named. This,
indeed, understand 10 be tacitly conceded by the
attorney for the United States. There is no evil
dence of previous combination and arming for the
purpose of "levying war against the United
States;'' does it appear that the defendants and
their associates had any object in view beyond
that of defeating the execution of the law in par
ticular instance. They are, therefore, to be
sdered and treated arising under the 7th
section of the act of September Is, 1850, chapter
60, entitled can act to amend and supplementary
to the act entitled IAN act respecting fugitives from
justice and persons escaping from the service OF
their masters" approved February 18th, 1873.
The accusation ie, Fhat the defendants, in direct
CONFIRMATION of the act did, the first of October
instant, at the city of Syracuse, 'aid, abet,
sist' the fugitive to escape from the custody of
| Mr.. Allen, the Deputy Marshal, by whom he had
been apprehended.
| The defendants not trial for the pur-
| pose of determining whether they are TO be sub
| ected to punishment. This is but preliminary
inquiry to ascertain whether they ought to be held
to bail, or in default thereof committed TO prison,
for the purpose OF securing their presence at the
next stated session OF the district court to answer
further IN the event oil their being indicted by
| grand jury. 1t is settled principle of law that
for this purpose prima facie evidence of guilt is
sufficient. At the close of the examination on Sa-
turday afternoon, although l then ground
Tor serious doubt concerning my duty In the pre-
misses with respect to either OF the defendants,
deemed it proper, nevertheless, 10 hold the
under advisement until this morning. A careful
! consideration of the evidence has confirmed my
original impression of its entire sufiicency to
tablish the guilt of each of the defendants for
the purposes, at least, of this inquiry. Indeed,
with the exception, at most, of Stephen Porter,
| their culpabihty appears to be placed beyond
! reasonable doubt. The only witness against him
is Page Newton, an intelligent and apparently
honest and trustworthy man, of whose evidence 1t
can at worst only be said that the cry which it inn
putes to Porter may possibly have been uttered by
another; while, on the other hand, II appears very
highly probable, from Porter's previous language
and conduct, not only that the witness is not mis-
taken in this particular, but that Porters inter-
ference not limited TO sin gle cry designed TO
urge on the more active assailants.
| The proceedings, on the part both of the com.
missioner and of his deputy marshal, appear to
have been entirely regular. The fugitive was
therefore lawfully restrained of his liberty by due
process Of law; and all interference by third per-
sons, by act or words, for the purpose of favorng
HE escape, and tending to that result, is viola.
ton Of the act rendering the offender answerable
to its penalties. The interposition of the deten-
dants and of their numerous coadjutors, who have
not been identified, was direct, paipable, and une
/ 1fa fnnt in meta
| ly avowed, was too obvious to admit of doubt; it
adapted TO the unlawful end in view, and ter
minated in it's accomplishment. My duty towards
the defendants 10 therefore plain and imperative.
They must scverally be required to give bail for
their appearance at the next term of this court, TO
be held at Buffalo the second Tuesday in No
vcmber, or, for want Of sufficient bail, be commit
ted to prison.
1t is unnecessary 10 say more, and, under ordi-
nary circumstances it might be impertnent to do
80 and yet would ian avail my self of the occa-
sion further to diEcourage, far my voice may
be potential for TINS purpose, the repetition, in this
district at least, vi che dsgraceu of awes5
violence and outrage described by the witnesses in
these cases. They must bear the guilt either of
gross delusion or OF wanton contempt of law and
social order For the purpose of effecting the lib
Grafton of person from custody under process is
sued and executed in conformity with express and
| well known provisions of the Constitution nd laws
of the United States, building in the midst of
populous city was partially demolished and dead
| ly weapons were reckessly used, to the imminent
jeopardy OF human life and to the grievous injury
| OF several persons.
| The least reprchensblc motives by which the ag-
gressors be supposed to have been animated, is
the belief their part that slavery is unjust and
! immoral; and that the laws by which it is upheld
may therefore be rightfully resisted by force 1t
must be the hope of all good men that the time may
! eventually come when injustice and oppression in
every form, including human slavery, if such be
| its character, will have been banished from the
earth But thee wrongs exist and are likely to
endure in other forms besides that Of slavery and
if we have nothing better than lawless violence to
/ rely upon for their removal they will never cease.
1t is 10 advancing civilization alone that we can
look for their gradual extinction. Wise men un-
derstand this and shape their course accordingly.
Bigots and fanatics too blind tn zee it, or too
impatient to heed 1t, and in their headlong zeal to
redress particular wrongs, real fancied, regard
less of all other consequences, they commit other
wrongs more aggravated and intoerable. Such Is
the grave into which these defendants have
fallen Regardless OF their civil and social dutics,
they have broken the public peace, set the law at
open defiance, and with deadly weapons assaulted
and wounded its officer while executing it's man
dates.
In thus insulting the majesty of the law, did they
expect escape it's vcngeance2 If 80, their folly
was equal only to their crminaty. What is the
ldtU in this country but the declared will of the
jority, TO which, when thus expressed, all are
| bound by Fundamental principle OF the Govern.
ment to submit, and which all its ministers are
sworn to enforce. II often happens that laws are
| enacted contrary to the judgments and sometimes
| this must unavoidably continue to be the Bot
no man imagines that he is therefore absolved
from the obligation TO obey thcm-still lefs that he
has right forcibly to prevent others from so do
| ing. II he cannot submit to them consistently
with the dictates Of his conscience, he may seek n
| residence in come ether country-if he can find
onc-where he thinks he would suffer less from
misrule but so long he continues to be in
habiant of the United States, he must submit to
the laws pay the penalty of his disobedience.
! When this ceases 10 be- true-when every man may
trangress law with impunity because he dis
| likes It, our Government will have become n vain
mockery not worth preserving, for it will have
ceased to afford protection to the right either Of
property or life.
The act in question has unhappy been fruitful
of bigotry and ianatcism, and IL is due TO candor
and truth to add, that it seems to have bewidered
the judgment and consciences of others besides the
! claes OF citizens to which the defendants belong
am happy to be ignorant Of the existence in this
part of the State OF New York of any or those per-
sons-fcw, trust in numbers anywhere-to whom
allude. The manly spirit and love of fair play pre-
valent here an eflectual antidoe to the unhappy
dclusion under which these persons seem to labor.
| doubt, also, whether they are to be met with in
the States where slavery is tolerated, for have al
ways understood that our southern brethren, what
may be their faults in other respects are like