Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-11-13
NATIONAL INTELLlGENCER.
INTERESTING SLAVE CASE.


dict Of 50 800 damages against Kaufman, and the
aoea;tsel os the other defendants. The action was
brought under the provisions of the act OF Congress
Of 1893 to recover damages for harboring and CON
cealing thirteen slaves who had escaped into Penn
sylyania from the custody of their owners, the
plaintiffs, who reside in Maryland. We copy the
subioined report of the from the Philadelphia
Bulletin:
UNITED STATES Cmcur CouRr--Before Judges GREER
and KANE.
Cecil Oliver ct al by their next friend, Eli Stake, vs.
Daniel Kaufman, Stephen Wakefield and Philip Breek
hill-Acton on the case for harborng and secreting
slaves.
This case was argued by Messrs. H. Nj. Watts and @
b. Penrose for the plaintiffs and by Messrs W. D. Seed
and d. p Brown for the defendants
Several days occupied by the trial, and the 1ac
relating the ownership escape OF the thirteen slaves
into and the harborng and conceament OF
them by the defendants eude the pursuit OF their
mistresses, were deeply interesting
Several important principles of constitutional law orig-
mated and very ably and mpresslveiy argued on
both sides.
l. Whether the Constitution Of the United States afford
ed remedy, independently Of the act OF lI93
g Whether the saving clause in the act OF lis5 giving
remedy was repealed by the act of 1850 The fugitive
slave law
g. As to the effect under the statutes Of Pennsylvania
of voluntary transit of the with the slaves over
the territory Of Pennsylvania to Maryland upon her
freedom.
A. Whether the statute of Maryland, showing the
status of the slaves there before their escape was not
conclusive of the right of the plaintiff to their labor and
services and to institute and maintain their suit IN the
Courts of the United States in Pennsylvania
In the course Of the argument aluson was made on
both Sides the late trials in the same Court Tor treason
arising the and homicide at Chrlstlana; anu
the Report Of Attorney General of Maryland madeto
the Executive of that State and the action OF tile Governor
thereupon deprecated as injurious to the purity IN
tegence and high character of Pennsylvania courts
and uries and tending occasion irritation and resent
ment on the part of the citizens
These several topics very learnedy discussed and
the law established by Mr. Justice Grer IN the following
charge to the jury.
After stating the case and giving abstract Of the
pleadings, his honor proceeded:
CHARGE TO THE JURY.
In the performance of your duty this subject it will
be proper that you suffer prejudice to affect your
minds either for against either of the parties to this
suit The odum attached 10 the name of aboitonist
whether Justly unjusty it matters not should not
be suffered supply any want Of proof OF the guilty par
tcpaton of the defendants in the offence charged even
If the testimony in the should satisfy you that the
defendants entertained the sentiments ayowed by the class
of designated by that The defendants are
on trial for their ac not for their opinions Beware aso
that the occasional insoence and violent denunciaon of
the South be not permitted to prejudice your minds
against the Just rights guaranteed to them by the const
tuition and laws Of the Union An unfortunate occur
renee has taken place since the former trial OF this case
which as il matter of public history and such has
been introduced into the argument of this case becomes
the unpleasant duty Of the Court to notice in connexon
with this portion OF our remarks Wortny cluheH ol
Maryland, in attempting to recapture n fugitive, was
basely murdered by mob of negroes on the southern
borders of State That such an occurrence should
have excited deep feeling Of in the people OF
that State was than might have justly been ex-
pected That this outrage the Legitimate result of
the sedtious and reasonable doctrines diligently taught
by few vagrant and insane fanatics may be admitted
But by the great body of the people OF Pennsyaa 5he
occurrence was sincerely regretted Sd an anxious de-
sire was entertained that the perpetrators of this murder
should be brought to condign punishment Measures
taken, at the expense OF sending large con-
stabuary and military force into the nelghborhood 70 ar
rest every person. black and white whom rested the
least suspicion of participation in the offence large
number of bills ofndctment found against the per-
sons arrested for high treason and Of them was tried
in this Court The trial conducted by the Attorney
General Of the State Of Maryland and although 1t was
abundanty evident that riot and murder had been COM
itted by persons the prosecution wholly failed IN
proving the defendant trial. guilty of the crime of
treason with which he charged But however much
il was be regretted that the perpetrators Of this gross
offence could be brought TO punishment the Court
and jury could not condemn, without proof any indiv
dual to appease the justly offended feelings Of the people
Of Maryland Unfortunately different opinion with re-
gard duty in this matter to have been en-
terained by persons holding high official stations in that
State; and certain official statements have been publish
ed rejecting nuously upon the people of Pennsylvania
and this Court which have tended to excite feelings of
resentment, and to keep up border feud, which, If suf
fered to have effect in Courts in the urybox may
tend to prejudice the just rights of the people Of Mary
land and Of the plaintiffs in this These offensive
Documents have to believe, neither correct
exhibition of the good and feelings Of the people of
that State of the legal knowledge and capacity OF its
learned and eminent bar IL would do them great wrong
to suppose them incapable of understanding the legal
proceedings which have been made the subject Of much
apprehension capable Of misrepresentng them 1t is
your duty treat with utter disregard ignorant and ma
cious vituperaon Of fanatics and demagogues whether
1t come from North South and give to the respective
parties such protection of their respective rights as the
constitution and the laws of our country secure to them
have urged these considerations your attention
more at length because they have been the subject Of
much comment by counsel
The foundation Of the legal rights now asserted be-
half Of the plaintiffs is found in the constitution Of the
United States The provision Of the constitution Art
4th, sec. 8d) is as follows
No person held service labor in one S,ae under the
laws thereof escaping into another shall consequence
any law regulation thereof be discharged from such labor
or service but shall be delivered claim OF the party
whom such service or labor may be due"
II declares also, art sec. 2:
That this constitution and the laws Of the United States
made 10 thereof shall be the supreme law Of tho
land ans the Judges Of every State be bound thereby
any thing the constitution laws Of any State to the
trsry Notwithstanding"
By virtue of this clause Of the constitution the master
might have pursued and arrested his fugitive slave in
another State he hight much force neces-
sary for his reclamation he might bind and him
40 AZ to prevent second escape But as the exercise Of
such power without some evidence Of legal authority
might lead to oppression and outrage and the master in
the exercise Of his legal rights, might be obstruced and