The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-09-07
Opinion of Judge Mclean, of O.
hio, On the Fugitive Slave
30 Law. .gl ssaaa ..ssruy

Although we have stated the points of the
suhioined decision of Judge Mclean, in a h
furitiye slave case which was determined ri
last week at Cincinnati (it being the first "
case under the late law that has arisen in s.
Ohio, and the first decided by a Judge Of e
the Supreme Court of the United States, J Id
vet the opinion of the Judge, as embodylng
clear and unanswerable constitutional
view of the question, appears to be of such '
General interest to the People, equally of t
the Northern and Southern States, that we t
are induced to place it entire before our rea- h
ders. ...Ii
The name of the fugitive slave was /
George McQuery, who ran away from
Washington CO., Kentucky, aboutfour years
apo. and since that time has been hvtng IN
various parts of Indiana and Ohio, princl-
pa,ly in Troy, in the latter State, where he
has been twice married. He did not deny h
that he was slave, and expressed his will
inouess to 90 backto his masien if he would
oroniise not to sell him. He did not COM
nlain of bad treatment, and said he had no
thought of running away untllabout an hour
before be started; when it was proposed to
him by those whom he accompanied. The
evidence in the case was conclusive, and
left nothing open to the council for the de- |
fence but the denial of the oonstitutlonallty
of the fugitive slave law, which ground they
assumed. ,,,s .,-..g at,, -,
The arguments having been concluded,
Judge Mclean made the iolowig decls-
ion. .....,,.l... ...-..,.s.- -
\ Z In giving my decision in this case itmay
not be improper to say word III regard 70
the manner in which 1t has been prought
before me. - .1 ,.f...te.2 -, ..gf ;. !
! lin the first instance, issued writ of
habeas corpus, on an affidavit that the de-
fendant. as he may be called, was illegally
depriyed of his liberty. The object was to
!, INQUIRE into the legality Of his imprisonment
Al order was afterwards issued to the Dep
Iutv Marshall of the United States, with the
same object in view. 1t. was to inquire
whether McQuery was legally detained =
! With view of showing legal detention,
:, the claimant, Henry Miller, has. attempted
? to show that the defendant was q iugltiVe
!. from labor in Kentucky. The inquiry
- = undoubtedly was legitimate, The de-
Il Il fendant must be released if Illegally detain-
J ed. and it was for the defendant to show
y that his detention was legal as .a aa
J The first question that arises may be on
II tho facts of the case. The defendant ha:
!, ATTEMPTED to show that McQuery was lis
I Slave in the State Of Kentucky. His son
- Jacob Miller, twenty lone years OF age, was
- I;ntrodueed to prove the fact This witness
IN Estates that, ever since he has known any
N thing this person has been the slave OF his IA
Oh ther, has lived underhis controiland manage
ef ment. and has been treated as the othe
to slaves or persons owing labor or service t
ne his father: also that, about 4years ago, Nc
Ouery absconded, with three others who al
OF so owed service to his father. 'D aa t.3
n VIM. Kelly, the second witness, corrobor
T. ates the first witness. lie was near Eeig
ne bor TO Mr.. Miller, and knew that this boy
te was his servant. This witness also corrob
he CRATES the statement of Mler's son, as
his the absconding of this "boy,' and state
t. the time and circumstances Oh hls leaving
q, James Kelly, brother of the last vii
le' ness. corroborates the testimony, previous
&C. IL given. He was also intimately acquan
Lry ted with Mr.. Miller's family land had know
lat this "boy' eleven or twelve years; he kne
me him as a servant of Mr.. Miller.
st, Tha witness Yocum corro6orates the fir
Of three. He had lived near the parties i
its many years, during which the delendal
lis! was EMPLOYED, managed, and controlled I
on- the servant of the claimant. ~
vle Mr.. Trader, Deputy United States Ma
nd shall, states a conversation had win NJ
ere Query, who said that Mr.. MILLER was b
hat master, and expressed some regrets that
6 a had left his service; said he was persuad
her bv "Steyen," who absconded at the sar
Tbis statement was corroborated by n
~ Rlack. to whom McQuery confessed Il
, y this was his MASTER and That r.he ieit u
10y 10y under circumstances stated by the otl
in. witnesses. aa s9Et8 aHt%.l f.a,
II n. F Now. so far IS the Statas of the indlvld
'wh al "a concerned it would be difisplG to IA
~ ~ sent - case which would more clearly esif
n ERsh the claim of Hery Miller. This is
Enarucular and circumstantlal, so entire
ng's aSeontradicted, that tits impossible TO
sist tbe 7, suit of the examination, the cle
H est and most decided conviction that I
b ID narson was in the condition of a serYant
Kentucy. l have never, in any case tina
OH investigated, cases where damages "
... claimed. which present similar polnts,kno
Wo- a claim more clearly made out. lG
yton 1t has been urged thatit has not beenlp
the we'd that Kentucky was aslavehoding SSf
q "a Judoes of the Supreme Court of the Uni
,end States recognizesthe laws of all the Stai
yet as do the State laws of each county.
will Jurisdiction ofthe Supreme Court Of the Y
man led States extends throughout the Dn
5 Of land into the Territories. Its Judges
! in nresumed to know the laws ofaeach 81
see and the extent of State jurisdiction. "A
pre- not say that such would be the rule W
This examination before Sfsae Jpdgee
.fore Commissioner of the United States. ns
,orts Y In many Of the Statesa special law \
t the been passed recognizing3the statute laws
fage othertStates In such cases nothing m
Than an exhibition Of the statute law wo
the he necessary. Butwhere a trial like 4
Olne1 is hat. in a State where no sucho proSh
,our-l exists, the State Judge, and perhaps
very Commissioners. might require legal p
Won't. of the existence ofslavery intheStatewi
time. the claimants resided. Bat this isanotr
'ance Iessapy before o. Judge ofsa court. whose
have isdiction is commensurate with thetswl
for codntrya tEentucky' Vs. known to -
an slave State. Al 's5te ag9gI ssi8is .
noble p The declaration .ofR Senator from
neet- Eginais alluded TO in support ot we q
uiure nent that slavery does NOT exist By Law
"a an Nd t.l .ll.,,c 2tataal am really is