The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-10-13


dress the struggling nations of the world, and
ma, Do you claim the protection of the United
States! If you do, then you shall have it"
Immense applause.
IN THE CIRCUIT COURT OF THE U. STATES.
DISTRICT OF OHIO.
BEFORE Mr.. JUSTICE M'LEAN.
HENRY MILLER Us. GEORGE W. QUERY.
Reported by Mr.. Justice M'Leanl
Fugitive Slaue Law-Constitution Law- Trial
by Jury-Presumpiion of Freedom.
Slavery is municipal regulation is local. aud can
not exist without the authority Of law But IL need
not be shown that it is created by express enact
ment 1t may arise from long recognised rights,
countervened by no legislative action African
Slavery is thus recognised in Kentucky, and the
Judges OF the Supreme Court of the United States,
whose jurisdiction is coextcnsive with the country,
are bound TO take judicial notice Of its existence in
those States where it prevails.
The Constitution of the United States did not leave
the enforcement of the provision for the reciama-
ton OF slaves with the STATES 1t vested that pow
in the Government of the United States. This doc.
trine was affirmed by the Supreme Court of the u.
States in Prigg Us. Pennsylvania, I6 Peters, 500
has been denied by no respectable State court and
has been sustained by the action Of the legislative
In proceedings under the Fugitive Slave Law the in
curry is not strictly whether the fugitive be slave
or freeman, but whether he owe service TO the
claimant. The decision upon that question, is no
bar to an inquiry, in the proper tribunal as to the
personal status of the fugitive. The examination
Is preliminary, and not final adjudication.
The seventh amendment to the Constitution preserv.
ing the right of trial by jury in all suits at common
law, where the value in controversy exceeds twenty
dollars, does not apply to an examination as to the
claim for services under this law. Such an exami
nation is not proceeding at common law, but n
statutory one.
The presumption Of freedom attaches to every resi-
dent of free State, without regard to color and
on the same principle, in slave State, every col
ored man is presumed to be a slave.
1t is not necessary under the act of 1885, to produce
the record showing the status of the fugitive in
other State. The fact that he owes service may be
established by other, and oral, testimony.
An affidavit being made on the 10th day OF
August, 1858, that George w. Query was ille-
gally imprisoned he was brought before Judge
Mclean that the cause of his detention might
be inquired into
The plaintiff, as above stated objected to the
discharge of Query, on the ground that be
was held by him rs a fugitive from labor.
After the evidence was heard and the facts re-
lied on by the defendants counsel were admit
ted by the plaintiff; and after the counsel on
both sides had argued the facts and the law of
the case, the Judge proceeded to give his opin-
ion.
After stating how the cause came before him,
he observed, The right of the claimant to the
services Of the defendant is the first point to be
examined IL the claim, as made, has been
proved, then the detention is not illegal
Jacob Miller, the son of the claimant, was
first examined He is twenty one years Of age.
His father resides in Washington county, Ken
lucky. He has known the fugitive ever since
he can remember, as the slave of his father. A
little more than four years ago he absconded
from the service of bis father in company with
three others who were also the slaves of his
father. The mother Of the fugitive came to
his father through the mother of the witness.
The fugitves were advertised shortly after they
absconded, and reward of four hundred dol
lars was offered for their return. They were
pursued by different persons, but were not over.
taken. Onc OF them was arrested at Louisville
and returned; but shortly after, he again alb
seconded.
When Wash, as the fugitive was generally
called, was lately arrested at Troy, in Ohio, N
said nothing about being free, but observed
that he had no intention to run off an hour be
fore he started that he was persuaded to do 81
by Steve, one of the individuals who acoompa
MED him.
William Kelly--ls twenty three years old
lives in the same county of Washington, within
two and half miles of the claimant, and for
nine or ten years has known Wash to be the
servant of the claimant He lived with the
complainant as his other slaves, and was sub.
10 l. Il C..
master better than four years ago. Was pres
ent when Wash. was arrested near Troy, q day
or two ago Wash, at first, did not recognise
him but did so after little conversation He
told the witness that he was sorry he left Ken
lucky; did not intend to 90 an hour before he
left, and that he was persuaded to leave by
Stve.
James kely-Aged twenty-eight years, is
brother of the above witness Has known
Wash. eleven years as the slave of the claim
ant. He corroborates the statements of the
preceding witness az to the absconding OF
Wash, that he was advertised, admitted the
right Of his master, as stated by the other wit
nesses.
Isaiah Yoker-Lives in the same county, has
known Wash as the slave Of the complainant
twelve or thirteen years. He corroborates the
other statements made by the witnesses exam
ined before him.
Mr.. Tradcr-Is deputy marshal, and re-
sides at Dayton. He arrested the fugitive, who
said that the claimant was his master, and
that he had always been well treated.
Mr.. Black--ls also a deputy marshal. He
heard Wash. say that the claimant was his
master, and that he had been we'll treated
that he had been persuaded to run away.
As matter against the right of the claim.
ant it is admitted that the defendant has re-
sided four years in Ohio and conducted him
self well, being considered as free man.
From the facts proved, there can be no doubt
that the fugitive, under the laws Of Kentucky,
is the slave of the claimant, and that he alb
seconded from his service little more than four
years ago The testimony is clear on this
point No attempt has been made to contro-
vert the facts or to impeach the credihility of
the witnesses. Of the many cases my judicial
duties have required me to examine, where
damages were claimed for aiding the escape Of
fugitves from labor, no case has been proved
with more distnctness and fulness than this
one No one capable Of comprehending evil
dence can doubt that the fugitive lived with
the claimant as his slave, for many years, and
that he left that service, without the leave OF
his MASTER several years ago.
No proof it is commended, has been offered TO
show that Kentucky is q State in which Slavery
is authorized by law; and a discussion in the
Senate Of the United States il referred to, in
which certain Senator'S declared that there was
no law in the South expressly establishing Sa-
very. 1t is with regret that hear this argu-
ment relied on in this case II WAS used by
gentlemen Of the South, to justify the introduo-
ton Of Slavery into our Territories without the
authority Of law. In Groves Us Slaughter, a
Mississippi case, reported in Is Peters's X $50,
the Supreme Court of the United States de-
clared that Slavery was local, and that it could
not exist without the authority Of law; that it
was municipal regulation.
Whether this law was founded upon usage
or express enactment, Is Of no in portancc.
Usage Of long continuance - iong that the
memory Of man runneth not TO the contrary
has the force Of law. 1t arises from long rec.
r..ht Oh l. l.. lat nm