The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-21
IMPORTANT DECISION.


Fugitive Slave Case In CiDean ssS-Ducasaon Of
J0dso M'Lean
:. lfrcm the Cinca1DAh Commercial, Aug. 1871
AT ne opening OF tho ,urt ysstssday mornlng Me-
rney OF counsel for tbs alleged fueieve made al srsa
msnt q rare power sgsiost the contteuon y Of shs
When the Of oaunss asrs ooasosss ns sss
he folio. Jog decision amid the breath.
iSss Aaenoe OF the vast auditory that 6~d the hail.
- DECISION OF JUDGE MLKAN.
In giving my decd ou In this case It NAV not b i'm
it has been brought bsore me- 10 ,se srst ~n,ca
Ss,ssdsn hs nay b called va. ssss a.ossa ss 'Ss os
his liberty The object TO inquire int the lsgalit,
Of his An order was aferwasis ,.ud to
ths IePut Aasshsl OF the United States With the saus
ssy dst.insd With ~su Of sh"stns nasT'I I was
ton, the claimant Her,y Miller hasatt.mped to shov
tnss the @ defendant ~as fugitive from lssor in Ken
fet dant must BE- released illegally deaneA and it ia
for the claimant to thow tnst his dstuton was legal
the case. Ths defendant has attempted to show that
hce1erry va: his slave in the sa.s Of Kentucky His
duesd fact This vi nsss states .ss. .ror
since he has known any thing tns has been the
sgemsnt, and has been treated tho oher slave, or
persons owing labor and service his father also that
ssS s with three
VIM Kelly, the second witness, corroborates the arst
witness as was . near nsishbor to Mr. Miller, aud
matey acquainted With the family with ~ssm tnsy srs
quenty visited and Always this defendant acting In
the statement Of lers son as to the absconduc Of th
boy" and states the time and circumstance Of his
James Kelly brother Of tho last wtnsss. corrcboratss
the testimony previously given He a-o intimately
acquainted with Mr. Allers family and had kno VA this
Ssyen or years. he knew him ss the servant
The witness Yocum cozoborates the arst three He
this defendant was employed managed sad controlled a.
the servant Of tho csimsnt.
Mr. Trader Deputy gnlted ststss M.r.n.l, states a
his mater and expressed some regrets that he had left
his services said he persuaded BY sssvsn" Who ab
This statement ia corroborated by Mr. Black to whom
McQueryy confessed that ths his master aud that
ne et hm under tns circumstances stated b. the other
Now 80 far as the status Of this individual Il concerned
ssy establish The osm Of Hsnsy MsrsS. %Os n re
Particular and ciIcumstanaal-so entirely unoontra
diced- Ia impossible to resist the result Of the sIam
nation:the cleaiest and most decided oonvctiou that
this person wss In the condition OF in Kentucky
have never. in any that have
where damages claimed which present similar points
-hno~n claim more clearly made out
1t has been urged that Il has not bseu proven that
Kentucky was .laye holding State Judges OF the su
pee Court OF the United States recognise the laws Of
all the States a. do the State Courts the laws Of each
county Tho jurisdiction Of the Supreme Courtef the
the Telfitorie Its Judges presumed to know the
laws Of each state and the extent Of State jurisdiction
nMns,ion befo1e State Judge or Commissioner Of tbs
United States.
In mary Of the States special la ha, bee. passed
recognizing the statute laws Of other States In such
cases nothing more than exhibition OF the statute
law would be Decessary But where trial like this Is
Judge. and perhaps fhs O3mnissioner, might rssure
es proof Of the existence Of slavery in the State whore
But this s not necessary before Judge of the court
whose jurkdctton Is commemorate with tho whole
cousuy. Kentucky In known to be o slave state
fS n q aoss Ss
exist BY law In tho savsholoing St~ts& sm really
speaking sf territories into which our friends OF the
South desired to take their ave property aud declared
that slave holders had the right tals slaves whore
there legal recognition Of the relsaoa This wss
an error, The great principle s this Slavery ia local
and can only exist BY the authority of law may re
mark that the means Of bringing this decision
which mace in the from Mississippi.
1t has osss claimed that the saveholcsr had the right
legazed and where long usage had not sanctioned the
institution Utage constitutes law, after sufficient ssse
be without foundation Slavery sxsts only Dy local
law.
the slAvssodns States the Laws provide for tss con-
fcrm and protect the rights Of the latter To deny ths
legsxAon Of the relation In those states to shu
eyes to what written, and to the decision, Of the
courts.
lam gratiaed that In the examination and argument
cf the case there has been uniformly gentemsny
pgno abusive epthsts wore ussd expected.
This must draw tho appreciation Of al ssrsibs persons
There has bsen evidence ths part Of the defend
which ssrs Tat acousrr, bad lived four years in Il:
State Of Ohio during which time he had besn recognised
treated and considered as free masa Tsis was
This is the theory OF laws and constitution Every
free man; her laws do not sanction the tread Of slave
moro than ths presumption Of the ls~, which. IN my
judgment IL by ths conclusive rroof Of
claimant that he escaped into this State from service
It insisted that the Fugivslave laws" Of e3 and
80 not con.tituaon.i-shat Congress has power
In ~ fhnt1 Hnrr
stitutionsl provision s with the states.
This argument has been frequently advanced by gen.
not sure but that II has been announced in Some
platfo,ns" that have been framed viii refer to the
to enac. providing for the return Of fuevcs
frcm labor In The Of Prgg The State Of Penn
sysnia the Judges ef the Supreme Court decided with
out dissent that Congress- hao the to lsgisate
this subject Some ef the Judges thought the States had
right 70 legis)ase the subjeot but there
dissent irom the secisioo that Congress had the
power to adopt the Law OF '8SthS law Of 80 not
| then enacted
The supreme Court Of every State In the Union before
which the question has bean raised has recognized the
poesr In Congress- At early period Ia The
tory Of Massachusetts, and possibly In other States
may have beer coub,ed Il has siocs been a rmed
and NO Court Of res pecaole standiog doubts it.
This strong authority In egsrd to ,hs power OF Con-
gress to eRsate the authority certainly,
that should ovs,be-r individual opinion less the
Der Ct individuals enIertapiDg opposite cplnon In
great ough 10 charge the Lao 81 the asd to
such the efforts Of deny the DO
Cpprest 10 egsste the uh@ct OF ssvsry within the
States might, and not improperly. be directed
| The federal consuuton framed In 1887; II was
| discussed BY the several states who scoeotsd it
Various sssays written by di-tngushed citizens
ard The instrument very sxt>nsivsls discussed
A after the adoption ~ the constitution a. 1888
Dd set Of Congress providing for the rendition o.
per, ops owing eI,'cs or sbor in ore S,a'e ESCAPING
into another" This act va pea ed By Congress
Of whose members IL rightly remember dole
in tie convention that framed the federal constuiou
AL cotemporapeous ~ith the copveption and the
discussions that preceded aud ATTENDED les deliberations
Tbose who enacted tbe 10 II 793 not ignorant OF
any Of tho provions tf the t,uton for they had
been scanned with great ability, and especially In Vir
etpia.
There Is weight Of authority this point which
not be centered spy other IN tbs coctitaton lode
PENDENT Of this Au'borty sbich must silence s objso
tion shall 1T the conclusion l1okoR at
the oct arising under tne cops,itu'ion IL the
s'ruoton o. that umspt in OF its vital points
never 70 be tet,IsoS
II respect is paid 20 tho weight of concurreut su
tboses for half tury the basis " social fabric
will be sbtepthe,e .ih essue c orc ard confusion,
| ~ill there b~ pro ec'icn 70 righ's