The Yazoo Democrat., 1853-09-14

OC- The following is the decision Of Hon
John Mclean, remanding the fugitive "Washr"
to his owner, Mr.. Miller, of KY, at Cincinnati
on the 24th of August, as given by the Cfncin-
natl Enquirer:
"When Mr.. w. took his seat much agitation
prevailed outside the bar SO anxious were all to
hear every word of the decision of the Court; and
while we attempt 10 give the substance of it,
we are compelled to state that the impressive
eloquence of its delivery prevented our taking
lsatifactory notes, and we are thus necessarily
Obliged to draw largely from memory. There
fore. while we shall endeavor TO give a truthful
report of Judge McLeaE's decision, we shall not
have the boldness TO attempt to clothe it in his
elegant language.
Before touching upon the case direct, the Court
remarked that he had been highly gratifed with
he courteous bearing and gentlemanly profes-
sional conduct of the counsel towatd him and
each other in this highly exciting investigation.
The Judge then made some remarks on the prop
ositon that the proceedings of the arrest, the
conveyance, Incarceration, &c, by the u. S.
Deputy Marshals of the alleged fugitive, were
illegal, deciding that he could not go behind the
moment that he ordered the Marshals to bring
he parties before him. Mr.. Miller had claimed
The man as his slave, and fugitive from his ser
vice, and he had a right to an investigation.
The detention was legal.
The Court then reviewed the testimony at
ength-the intimate knowledge of Jacob Miller.
the son of the claimant, in childhood and boy
hood, of the fugitive--of his flight with three
others-of the corroborative testimony Of James
Kelly, his brother William and Isaiah Yokun,
the neighbors of Jacob Miller-of the description
given BY "Wash." of their crossing the Ohio,
their journey through Indiana-the admissions
made to these witnesses and 10 the Deputy Mar
shals, after the arrest, by the alleged fugitive,
that MIR. Miller, the claimant, was his owner.
and of other particulars, when the Judge added
that, in all the numerous cases that had ever been
brought before him, he had never had presented
to him testimony more clear and explicit than
this.
The defence that no statuary evidence had been
adduced that Kentucky was State here slave
ry was recognized, failed. 1t is so recognized
| by the laws by usage, and as Judge, of the Su-
preme Court of the United States, so he.regarded
it. In an Investigation before any State Judge,
or even U. S. Commissioner. its proof would
be required; but the jurisdiction of this Court,
in Chambers is commensurate with the whole
country.
Slavery exists by recognition usage makes
law after long period of time. Cases had been
cired by counsel that he was sorry and surprised
to hear, as they had all been reversed by the Su-
pteme Court.
The constitutionaity of the Fugitive Slave
Law has never yet been doubted by any respect
able Court; it was made by Congress. and Con
Igtess has the power to legislate. The opinion
of the U. s. Supreme Court has been passed in
favor of its eonstitulionality, and without dis
lsenting member OF that tribunal
A very intelligent and learned gentleman (Dr.
Brisbane) by consento Of the Court and suggestion
of counsel has advanced theory of law which
cannot be recognized; he had supposed the gen.
tleman to be too good logician than to make
any proposition as ldU. to the infraction OF
i which no penalty is attached. The case in Ma
ryland to which the gentleman alluded was de-
J cided TO be null and void
The tread of the slave does not press the soil
of Ohio by consent of his master. If brought
lhither by his master to labor, that moment he
becomes freeman yeti he escapes from the