The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-10-23

DECISION OF JUDGE ooNKLlNe, IN the CASE OF THE
IMPLICATED PARTIES. .-
rom the Syracuse Journal, Oct. q
Judge Conkling, on taking his seat, announced
that he was ady to decide upon all the cases which
had been before him on the animation which
closed on Saturday. There were before him the
phen Porter, James Davis, William L. Salmon,
Harrison Allen, William Thompson, and Prince
Jackson 10 prevent misaPprehension as to what
decision and re marks in writing .'
The Judge then read the following decision aad
commentary
JUDGE COMBINES DECISION.
Inc 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 an alleged fugitive from labor after
ne nad been apprehended, and while he was yet in
custody, In virtue of warrant issued in procee ding
fof ms to the possession of the person.
citizen OF the State Of Mi ssour to whom it was al
legged his labor was due In proceeding no w. as it is
evidence before me- it is proper to premise that there
isno testimony tending to fix upon the defendants the
guilt Of any higher offence than that Just mentioned
Ihis, indeed, understand to be tacsly conceded to
BY the Attorney of the United States There is no
evidence OF previous combination and arming for
the purpose OF "levying war against the United
States nor does it appear that the defendants
and their associates had any object in view be yond
that of defeating the execution of the law in par
tcular instance These are, therefore, to be con-
ndered and treated as cases arising under the
seventh section Of the act of Sept. 18th, 1850, CHI
90, entitled An act TO amend and supple mentary
to the act entitled AN act respecting Fugitives
from justice, and persons escaping from their
tiers, approved F. bruary 18th, 1873" The section
referred to is in the following words -
" Sec. And be Il further enacted, That any
person who shall knowingly or willing obstruct,
hinder, or prevent such claimant his agent, or az.
torney, or any person or persons lawfully assisting
MIN, Ne or them, from arresting such fugitive
from service labor either with or without
as aforesaid; or shall rescue, attempt to rescue
such fugitive from service or labor, from the Gus
tody Of such claimant, mis- her agent or attorney
or other person or persons lawfully assisting aore
said when so arrested, pursuant to the authority
herein given and declared; or shall aid oet or as
sist such person so owing service labor afore-
said, directly or indirectly, to rescue from such
claimant, his agent attorney, or other person or
persons legally authorized afore said or shall bar
Dor or conceal such fugitive, as to prevent the
discovery and arrest of such person, after notice
knowledge Of the fact that such person was a fug-
tive from serviud or labor aforesaid, shall, for
either of the said offences be subject to fine not
exceeding one thousand dollars and an ion prison.
ment not exceeding SIX months, bJ indictment and
conviction before the District Court of the United
States, for the district in which such offence may
have been committed, or before the proper court
Of criminal Jurisprudence, if committed within any
one of the organized territories of the United
States and shall moreover, forfeit and pay by way
OF civil damages to the party injured by such illegal
conduct, the sum OF one tho usand dollars for each
fugitive so lost, as aforesaid to be recovered by &C
ton for debt in any of the district or territorial
courts aforesaid, within whose jurisdiction the said
offence may have been com mitted"
The accusation is, that the defendants, in drec.
contravention of the act on the first of October in
slant, did, at the city of Syracuse, "aid, abet and
assist the fugitive to escape from the custody of
Mr.. Allen, the Deputy Marshal, by whom he mad
been apprehended.
The defendant It's are not now on trial for the pur.
pose OF determining whether they are TO be sub
jected 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 an.
further in the event Of their being indicted by
grand jury; and 10 is settled principle of law,
is sufficient. At the close Of the examination, on
Saturday afternoon, although then saw no ground
for serious doubt concerning my duty in the pre-
misses with respect to either of the defendants, |
deemed il proper nevertheless, to hold the ca ses
under ADJUSTMENT until this morning. careful
consideration of the evidence has confirm ed my ORR
ginal impressions OF its entire suficency to estab
fish the guilt of each of the defendants, for the pur
poses at least OF this inquiry Indeed with the
cepton, at most of stephen Porter, the cupability
is placed beyond reasonable doubt The only
witness against him is Paige New on, an intelli.
gent and apparently homes. and trustworthy man
and of whose evidence it can almost only be said
that the cry which 1t imputes to Porter, may posi-
bly, have been uttered by another; while on the
other hand il appears very highly probable, from
Porter's previous language and conduct, not only
that the witness is not mistaken in this particular
but ha. Perter's interference was not limited to
single cry, designed to urge on the more active
assailants.
The proceedings on the part Of both the Commis-
soner and Of the deputy Marshal appear have been
entirely regular The fugitive was, therefore, law
fully restrained Of his liberty by due process Of law
and all interference by these persons, by act or
words for the purpose Of favoring his escape, and
tending to that result is violation Of the act,
dering the offender amenable to its penalties. The
interference Of the defendants, and Of their numer
Gus eoadjutors Who have not been identified, was
direct, papable and unequivocal Its motive, il not
in any ins .sDce openly ayo we'd too obvious to
admit Of doubt. IL was adapted TO the unlawful end
in view, and terminated in its accomplishment. My
duty towards the defendants is therefore plain and
imperative. They must severaly be required to
give bail for their appearance at the next term Of
the court, to be held at Buffalo, on the second
Tuesday OF November, or FOR want Of such bail to
be committed TO prison.
IL Is unnecessary to say more, and under ordinary
crcumftances. II might not be important TO do 30;
and yet would fain avial myself Of the OCCASION
further TO discourage, so far as my voice may be
potential for this purpose, the repetition, in this
district at east, OF the dsgracefu scenes Of lawess
violence and outrage described by witnesses in these
cases. They must have been the fruits either Of
grots delusion or Of wanton contemp, Of law aud
50 ,isl order. For the purpose os effectiIg the
liberation Of person from custody under process
Issued aud executed In conformity with express and
well known p-)visions Of the constitution and laws
of the nted states, a building in the mids, OF a
porusus city was partially demolished and deadly
weapons were recklessly used, to the imminent
jeopardy Of human lie, and TO the grievOus injury
9i several persons. The least reprehensible motiv
by which the aggressors can be supposed 70 have |
BEEN animated, IL the belief on their part thai
slavery is unjust and immoral, and that the laws by
which 1t Is upheld may therefore be rightfully re-
sisted by force. IL must be the hope Of all good
men, that the time may come, when injustice and
oIPessien, IN every form, including human slavery
u such he its character, will have been banshed
from the earth.
But these wron IS exist, and are likely 10 endure
IN other forms besides that Of slavery and if we
haze IO,hirg better than lawiess violence 20 rely
ufon for their removal, they will never cease. IL
Il to advancing civilization alone that we can look
for The gradual extin stion. These men understand
this ard shape their course accordingly. Bigots /
nd fanatics are too blind % see il, or too mpa.
tent 20 heed Il ard in their headong zeal to re.
Jf6ss particular wrongs, real ianoied, regardless
OF All consequences, they commit other wrongs