The primitive Republican. (Columbus, Miss.) 18??-1852, 1851-09-11

We have no legal evidence, that the wife of
Thompson, the mother of the child, was /
slave; none on which judge or commission
er would order removal. There is no proof
which would authorize STAKEHOLDER to ar
rest herynone to show that Alberti or Price
had the least authority to apprehend her
But the defendants are not indicted for the |
kidnapping and removal of her. II Is for
removing the child to Maryland, with the In
tention of selling him into bondage, and then
actually selling him, that constitutes the of
fence with which they are charged, and it is
the crime you are to pass upon. Had the de- !
PENDANTS proved (Which they have not done)
that the mother was a slave for life, under
the laws of Pennsylvania the child was free
For 1t was decided in the case of the Com
monwealth VS.: Holloway, 2 s. & r.. 305, BY
Chief Justice Tilghman, that Birth in Penn
sylyania, gives freedom to the child of slave
who had absconded from another State before
she became pregnant" This child had
breathed the pure air of freedom, and no hui
man power could legally removeit to inhale
another atmosphere, that of slavery
But had it been shown that the mother
was slave, these prisoners had no authori-
ty to remove her. norif she was slave could
they take the child Nay, had she even beg
} ged and prayed those who were removing her,
to take her child along with her, and sell it
, into slavery. 1t avaS a freeman; and while
it our duty to give all legal and proper aid
to the master, to enable him to remove his
} slave, our law does not suffer him to take one
that is free born, even if it sewers the fond
: ties of mother love for her child, and tears
asunder all the tender affections of the hu-
man heart. Our law speaks in the spirit of
England's accomplished poet:
Take thenthy bond, take then thy pound of flesh,
; Shed thou blood; nor cut thou less, nor more,
But inst pound of flesh"
Take your slave, but her infant boy, born in
freedoms land, you cannot take, even to an
swer mothers prayer or to stife the sob
bings of her breaking heart
If theju believe tho child was not slave,
or was a free colored person, and he was
2 taken by the prisoners with an intention of
selling him into slavery, it is violation Of
! our Act of Assembly, passed in 1877. This
t Act provides "that if any person shall
q by force or violence take and carry away.
or cause to be taken or carried away, and
shall by fraud or false pretence entice or cause
+ to be enticed, or shall attempt to take, carry
away, or entice, any free negro or mulatto,
: from any part or parts of this Commonwealth,
to any other place or places whatsoever, out
, of this Commonwealth, with design and
intention of selling, or causing to de kept
}, and'detained, such free negro or mulatto as
a slave or servant for life, or any term what
J. soeyer, every such person or persons, his Of
their aiders and abettors, shall be deemed
! guilty of high nisdemeanor and on convic
n ton" &c. Your first inquiry nndcr this
I Act of Assembly, and the evidence, will be
+ was this boy a free colorod person? If VI
y regard the solemn decision of the Suprem,
/ Court of the State, we are bound to instruc
? you that he was free born, and in the Ian
r. guage OF the law free negro" For Their
l. is no evidence that his mother OF father wer
- ever slaves. He was born in a State wher
= freedom is recognized. lie was in Pennsylva
n MIA, where in a case like the present he coul
r. not be called slarc, but was free negro.
. Was he taken away by force and violence
40. If the evidence is believed, he was. Noc
:. sent could be given by him. Both mothe
M and child were by the most brutal violenc
~ taken against their will, and carried of
ID Was this done with the design and intcntio
he of selling the boy as Servant for life, {
,st for any term whatsoever" in the language
70 the law? The proof is that Albert said, til;
bo the mother and child were sold for one thou
he and dollars, and he got the onc-half, and til;
so Price said he got seventy five dollars for brin
ing the mother and child to Albert for thu
:, purpose. On the facts adduced upon IL
he trial, you will decide upon the intention
Nv these defendants, in their connection vii
nd the affair.
be This law would be violated under the follov
of ing circumstances. If free negro is CARR,
of out of the State by force or violence with Il
be design and intention of selling and disposil
on of him, or causing him to be sold, or to
,ur kept aud detained as a servant for life or al
ma term whatsoever. So if by fraud or fal
,ur pretence a negro is enticed or caused to
enticed away for the purpose above mention
as then the crime is complete. So if one shi
es, attempt so to take, carry away or entice al
ght free negro or mulatto from any part of IL
er- Commonwealth with the design and intent
OBJ of selling and disposing of, or causing to
hit, sold or kept any such free negro or mulat
for for the purpose of making him slave
ter servant for life, or for any other term VIII
socver, then under such state of facts t
~ law is violated.
do This Indictment charges the offence in
avs various forms mentioned in the Act of l
can sembly, and it is for you to determine unt
ave the evidence that has been adduced whetl
ice the law has been violated The Court ha
ne presented brief outline Of the facts. I'll
ave are all fresh within your recollections, a
re- we have given what is conceived to be 3
! Of rect exposition of the law, and a fair and
! he climate construction of theAct of Asselnb
nas- and we leave the cause for the considerat
re- tof the jury.
wer No prejudice against slavery should hi
ar the least influence upon your minds, WI
hen ever may be your personal views as to
sau= propriety of this institution in our COVE
able ment The authority to hold slaves i
lele- part of the law of the Union and we b
no right to disregard it. Whileitis equs
,yay clear, unless a negro is a slave. for life,
i Of human being has any right to sell him j
the bondage or attempt to make him a slave
ap. life. While slavery is tolerated BY law,
nade kidnapping free negroes IS equally abhor
here by tho law, and Of the better feelings
,tra- humanity, both in the slaVeholding