The primitive Republican. (Columbus, Miss.) 18??-1852, 1851-09-11
: COLUMBUS MISSISSIPPI THURSDAY, SEPTEMBER II, 1851

that Alberti said she had made no resistance,
but he had quoted her with a Chilly" and
that there was a bruise on the head Of the
woman, as if caused by a blow.
About four o'clock in the afternoon, on the
14th of August, Alberti took the woman
and child to the carriage, in company with a.
young man his assistant, when the driver
started with them, as he supposed, for the
State of Delaware, And when they arrived
at Wilmington, the driver of the carriage
supposed they were at the end of their jour
ney; but Aberti directed him to drive on,
and about eleven o'clock they stopped some
miles below Wilmington, where they stayed
all night, when the driver testified that for
the first time, he learned the woman was be-
ing carried off as an alleged slave, and APP
Ipcaled to him for protection for herself and
child. But he said he thought it was not in
his power to protect her, and drove them on
to Elkton, Maryland.
Then they stopped at a public house,
when Albert went into the country and
brought man by the name of Mitchell, one
} of the defendants in the bill of indictment,
but was not on trial, who when he saw the
woman exclaimed, eve have got you, you
black bitch, at last"
The woman appealed to the driver, and
begged that he would take the child back to
its father, and claimed of Mitchell that he
should let the child be sent back. But he
refused said he would keep the child, and
send her to the Georgia market for sale. 1t
was also proved that Albert said he was to
have for his trouble one half the mother and
child brought, and that they were sold for
one thousand dollars Price said he got sew
enty five dollars for bringing the woman and
child to the city.
There was no legal proof that the woman
was a slave, or that Mitchell was the owner,
or that Alberti had any power Of attorney
or authority to arrest and remove the wo-
man.
The defendants proved chat when the wo-
man was at the house of Albert, he called
in Alderman Allen, who made some order
about her removal; and the lawyer who AL
berti had at his house with the alderman,
told Albert the child was free, and that he
had no right to takeit. The woman begged
if they insisted on taking her, that Albert
should wait till her husband could be sent
for, in order that he might come and take
. the child but this Albert refused He Of
fered to let her leave the child with him, bu
= this she refused to do, upon the ground thai
! she feared he would keep the boy till grow
! up, sell the boy as a slave. This is a gen
: eral outline of the facts.
. The prosecution was conducted by ". s
: : Pierce, Dactd Webster, and d. p. Brown
: EsqrS., and the defence by Vim. E. Lehman
and II. HuJbe2l, ESqrs.
! Parsons, Judge, charged the jury in sub
stance as follows:
:, 'sThe decision of this case is of great i'm
= portance, when considered in its effect upol
the liberty of our colored population. 1t
/, of still greater importance when We refec
upon the great question which has recent
agitated the people of the United States, re-
alive to the extradition of persons of color
I gument of counsel, it has not improper
a been styled national question. 1t is so, a
e. least, as it may effect the minds of the con
. munity in relation to the rights of the owl
ers of slaves, and on our decision affordin
"a proper legal protection to the colored race.
.. If such is the character of the cause, I'll
y Court and jury should approach its consid
nc ration with calm deliberation, and suffer I
TO feelings of sympathy for persons of colo
I % who are legally held in bondage, to mislea
ch our Judgment, or divert the mind from Il
It's Il standard of right We should also dive
IN ourselves of any prejudice which may ha,
r. found Judgment in the heart, against Il
n- institution of slavery being recognised by Il
u ~ laws of some States in the Union, and tho
~ of the general government.
!. : The right of citizens to hold negroes
leI bondage for life, in many of the States in Il
nc Union, is recognised by the fundamental Ia
of the nation. 1t is law we are all boul
he to respect and obey; no matter what may
on our individual opinions upon the subject
IS Slavery. The Constitution, and the Acts
IN Congress passed in pursuance of it, must
Tas enforced in the State Courts, when questi
Of relative thereto arises in them, audit is yo
IA, duty as jurors, to regard the law of the l
for ton as much as an Act of Assembly of o
own States.
Sc: When slave has escaped from his mi
red ter, under the general law of the U. Stat
md the owner or his authorised agent, has a rig
art to pursue the fugitive, and capture him VIII
bill ever he can be found; and no one shonld (
his struct the owner in the. exercise of his rig
old, because the law has given him authority
the re-capture of the fugitive, and all int
Tife ference by strangers, isa violation of law.
len But when the owner of a slave comes il
the afree State to regain his property, he must
on, it in legal manner There are three WI
ed, in which this can be done. The owner {
nee come to the place where he finds his slt
mp and arrest him; it should be done in a pea
ore able manner, simply using all the force
70 cessary for the purpose; and remove the ST
sne tohis domicil, which no one has right to
and sist him in so doing If the ownership
the the alleged slave is doubted, itcan always
ueh tried before a legal tribunal. Soft the n
70 ter does not desire to comesin person to
nan capture his slave, he can delegate his po'
.ket to a reguIarlg constituted agent, who can
aer. rest the fugitive in the same way. w
the this is done, the agent must see that his
had thority is full and clear, and should be
= q to show by competent proof, that such q
: q CATION Of authority Is complete.
j p - But the most efficient and satisfactory
4Lst of retaining a fugitive, is under the Ae
' s Congress, by an application to a Judge OF
-, ~ United States Court, OF commissioner
.llas pointed by that tribunal, waterproof is n
~, Of the ownershipof the slave, and vi
pSOn ~. ,o,serS 1i.nSfad shac 4ln - efI7f ~ CON