The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-06-10
Besides remsrkins hst the ststs court. have in sev

BESIDES femhTklng CUuTH uavo
era instances affirmed and In denied. the constr
tnonay OF the act OF l793 he went into an examna-
ton OF the ciled IN which the question was directly
incidentally raised from 794 down TO the present me
and the constitntonaty OF the act sustained by Chef
Justice Marshall Judges Washington Story. Gner, Mel
son and Woodbury., OF the United States Supreme Court
Chiei Justice Shaw. OF the supreme court OF Massachu
seits, and Commissioner Curtis he concluded ms nc
view OF the by saying "Ihese questions must now
be considered settled by contemporaneous exposition
By practice and aeqaisscence Tor more Than MY Years
the opinions aud decisions oil courts and Judges, slate ana
NATIONAL and especially by the Supreme Couft OF me
United States. To oyerturn the construction oil the
constitution established would be dangerous y'o-
aiion OF principle and duty. II court may DO ms,
II may established rules OF properly, oil per
sonal rights. and OF evidence upon which the commu
nily have for long time acted, and thus shake every
mans title, put in jeopardy every mans liberty ana rem
der the law uncertain that no counsel could ADVISE
and act with safety" .
Having disposed OF The constitutional question, ms
honor proceeded TO consider the questions OF mere law
raised by the defence, and held that The evidence OF
Messrs. De Bree and Kupharl, that Shadrach was lhe
slave OF Mr. DE B. was competent IN ITS chatate, ~ .e
issue pending before the jury. lie also hed na' me
IN the effected was an ohehce ihuer e
act OF Congress OF $780, chapter 3d. secon 90 making IL
legal process Therefore the three counts OF The lndci-
ment which were based on that act were sustained, II
the Jury held the facts 10 be proved The counts under
the act of 1850 also sustained, II the jury found the
facts TO be proved and the jury might return general
verdict OF gully, verdict setting totth the counts
which they found sustan med il they did not lind the
return general verdict OF not guilty His honor said he
could see no difficulty whatever in applying the law to
the facts alleged. The law perfectly clear plain,
and simple involving no nice and subtle distinctions
He marshalIed and analysed the evidence to the abb
and pointed out the extent in which the prisoner failed
in covering the period OF the rescue and the half hour
preceding a
The jury retired at bafpast ~ O'Clock, and, not hay
ing agreed at 2, the adjourned ill half past five.
Al half past FIVE the court opened again, and the
Jury was called in and asked il they had agreed. The
foreman replied "We haveno" The Judge then asked
the jury wished for any further instructions upon the
law and the foreman replied 'The jury require nc
further instructions on the law, your honor We take il
from the court" The judge then said the jury thu
exclusive Judges OF the facts, and suggested that, by Civ
ing the evidence further consideration, they nigh
be able to agree The foreman replied, that he though
it would be go out again. The judge said, tina
in the course OF his experience especially in tina
had occupied long time in the trial, juries had otter
agreed upon a second attempt TO pass the evidence
He therefore directed them to retire again. and then ad
journed the court till Friday morning.