Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1853-08-26
tElom The CncIanAii ,riunirrcitl, Anr. Is


D"c;-t"n % Judge Mclean Sustaining the I.aw.
4 The opening tic Yesterday rnornng, Mr. R'r
ul counsel The alleged fugitive made argument
Il air power agliHsi The conSitu"ma'tF {" l act ni Con
"rss, nntsr which th rroc' cins wls held.
W!ru hi. concluded, he CONT pronounce! the :ol-
lowing decision amid He a!ua!css silence III the vast
di'ry Tia. i!ic.. tie ha!l
UECisluS JUDGE MLEAS.
In giving my .ccision in tins may not b. improper
10 say word in regard 10 ic manner in which J: ia been
hrcn.hi before in hr first ns lance, ISSUED wrIi o!
habtas corpus affidavit ,ha! t!@ "lcndInas hc may
br cnIry:as rgaY deprived oi his liberty. The nhrc'
- qnirc in" The legality of his Imprisonment IN
der w@ a:trrwari' issued I" TIC deputy marshal "i The
Unite! states with The same "h"ct in vir" It was 10 n
iurc whether VI, Query vas legally tciined WIN 'S"
o showing legal dcteniiun Tie claimant, Henry M':r
has attempted show that Tie defendant was fugitive
from aor ia KcnIacky The inquiry undoubtedly ~" l..
"ttinac he defendant n'st be released II illegally dc
anej ana Is for The claimant % show thai his detention
IS LEGAL.
The question la arises may be ihr facts "i HE
thc ca!enla'i has attcmrcj II s"" mat htteGry vas
h:a slave in tie State Kentucky. Ills Jacon Mi
u years Of age, noduccd 10 prove the iact lhs VT
he has known anything hls per
hos been the slave Of his faher mas "ci n1Cr his con-
ni and management, aud has h.rn treated "s the 81: ei
sa.s erss o"inI labor and service ~ his hiiirt: also
an auaa !Gur lcats agu MCrcrry absconded "h !h-ce
n;ie,s wi1 asn ow,d scslc. TO his iahei VIII tiy the
srr3i; wE,sS cDrGborute$ the ltst wi.r2s3 ri vas
near gAbo Mr.. Miller and knew that this boy %as
his the were intimately acquainted with Tic lay
with they frequently visited ard always saw 'h de-
!rn!an; acting IN i:1c capacity Of servant tbs wicss ~
cn,lasg:ar,s the Ut Micts as 10 The ao
aso. I'm. this hoy and states The Tine ana cream
stances Of his Iclvrg James Kelley, brother "i The as
witness. c0rubUratea i!r testimony previously gwen lie
also w- intrnl:cr acula,trI with Ai Miers family, and
had his ''5oy II or l. ycars. he Knew him az me
servant of Mr. Miller.
lived The parties inI many years during which ls dc
lcnGani cmpici managed, and controlled n me ser
.: The claimant Nj. T'"dcr deputy ui'cd States
Marshal states conversation had win iI'lucIy "no
sad ii He! Ia master, and expressed a"e ts"'s
Tia. had II. his sc:vicc; said be was pr5a2aed hy ste
plen Igho a5scoad,! The same inr. This statement Is
| 10
that master, and that he lei! hl "nar clTcnd
srancts stated NJ inu other Witnesses NOW 20 i a. ''
status this iC Il. ua Is Concrn' II would nc uh ti' ~
present which Womb "!arly establish r cialH
Of Henry Mictihis particular and crcumSidha'-
entirely ncontradicc Is Impossible 10 fcssi h' frso
%. rNanl"a"n ne cciGst ana most dceIaeu cohE'c
ta ;at mi. ;ctsv IN condition Ui servant in
Kentucky haze yrr in any thai have Inves@a
c:-casc5 whcr eirA"cs are r'a;i"c ".Sn ,eSe''
| Ia points known cla.G more clearly mace "G =
has been urged :Ha !as no. bccn proven ihat hen
| ~ ky was s.l,rhoiIna State Judges n The SnPIth me
e. r Of The CniIri States recognise thc la"7 ri al M
1cs as The State c"nrIs tie laws ni each cnnny ~
,r,sI!con The supreme Court {" no unith oia't7 ~
ads throughout the Union ard into the territories. ~;
lucs are u-"snmci know The laws ol each state, ana
-. extent OF Sale iurs fiction DO n" say that such
x,uki II. r rc This cxaIinaii2n ncnTca S'atc JG"'
commissioner Of United States. In many "i i'
states special Ia has been passed recognising IN" s'hh
ws o other SIncS In such aching more l'h az
,hbitinu Vi ,i.c statute law wou!i bc necessary? Ut"
yberc a ira ike this had IN State where 10 s'c i'
so. exists the Stale Judge and perhaps me comm
oh eauirr LEGAL proul the existence 1 slavery 10 e
state where r claimant resided nl this IS mol necessary
hclorr ,uiae al the whose jurisdiction Is c's''"
rate VIII, The w.lc country. Kentucky IL kno"n 10 hs
n slave state Viii; :; .,,,,,, ;. :,
urnrt m the argument that slavery does ndi tHi=t ny Ia"
i hc sIaycIoidnr States am really sorts IN near Tn
argument The distinguished senate" was spe"Eihs ' e
rtorits into which friends u! the SOnIh hesfc 10 "'
their slave property, ari dcclarcd iha' s!iTri"'S %
o IN n c si,vrs ,rr there WaS legal recognition o.
the relation. This The "fea' pr,ncm,n m : m
Sarcry local and cen ony GtiSf 'S s"s "uty ,, H.,
St,it n II
;;, Ilcl , n, de in Tie cas. from Mississippi II ha'
h,rn claimed that IIic STAKEHOLDER hal INC h"'' ~ ~
! slaves into the territories ~hefr u "aI -" Ian
whs.c lon. usage had not sanctioned us m S1
msiturcs law after sufficient lapse ol time ut ~" "n
prrmc Court decided The claim To he "''h"'
Slavery exists cnGy by local Ia"'
u n ,bc siayehndinu States liic laws poVdc 'o' ,c @
INN ., master and ave; they limit the power al ti o's'
> and pro rt the rights ul tie latter. 10 I"ny ,nc I-
lon ui Tie relation in these States Is ~ ~ ,'' W. y m
wba. written, and 10 Tie decisions o h'' r Iii ,
q .;,cl mn, m lie cyamaa . ana argument OF 'h,S cas-
i there has been uniformly gGncHan' nS"n'- 80, i'm,
cpiIh'rs used none wrrr cNrec',' h,s horn n
" ,h. nuprnhatipn OF all sensible pcFeons iE.! '' " "
evidence On the parI of the dricntan rNtcP ,n' ~ - M
hy the claimants attorney, which were tni' hh ,i i
h;ch years ine State ol ohle' uG' rr. ,a,
mad been recognised, !lrJici and 'onsiG''"n - -
Tb;s w,s pr,ncr This il the theory n "n' laws a'i ~
tulion Every in Ohio ':hnht rcs"f - ~ ~, = w., w.
sumrd to he a free nan; her laws 90 F' "A",,' - 49,
mis- r.,lnent of MrQuerry in OAlo Therefore
il nothing than the presumption % -; M ,or 81 IN
nv Judgment, is cnunerac'eG hy 'Fs r ,.,yi n
Ir
labor due in Kentucky, ,s r. ,os ,,J !,
II i insisted that e Fugitive slave ''s ol - anu
va are no, constitugnai; that Congress haS u" p'"
cn,ri such 4 lw; liit the power ol cnnt,lhs W" 49,
,inn,l n,nvision is with the States i'a a'I"''" -
hnr; r,uu.ny arivancrA by gentlemen "f' nav. -
,ni. ";rtI G,ica:!on ard HUl not shtt 1"' ~ -,
ro,nced in some "plltirrns that have octh '''fc1
= .; refer 10 The judicial authority that mas 'cc'-"".
nrcr nj Congress- 10 enact laws providing u" '
f,,v.s from IA bur In The case oi fii@@ Us, "1 80
psnnsyIvania the Judges OF the 'npfcmc Iott 80 w.,
.i,hnnt dis,rr n.l Congress had the power !"
, his subject Some ui Judges Thought '''e s,e - 4;
. ,;chl 10 aoIsat on tie siJect o'! ''ese I
ri from The decision that Congress mad Inc power " T ri
,Ln inv al iyS; The law Of 80 was mol tiien enaI hf
Snprer,e Court OF every State IN the Union oc a.
thr up,son has been raised recognised III" sah
l.org,ess AT an early period III the history oi 80, .
. seus-anL possibly in other States, though i l. ,nh
,,acred nv attenlon-ihis doctrine may nave os.
M, i, has since been affirmed, and no coutt o
standing now doubts II. . H., norer of Coz
h This is strong authority in regard 10 ihe pow, ,oI
Y. ness 10 erisate upon the subject ahtholtt! nh
,hot should over bear individual opinion, uniess m NO
ID # Individuals entertaining an opposite oP Pi ,o sncI
lnonoh 10 change II. organic law oil e Anu, . of Cn
,noc The etlors OF those who deny inc i ,hn S,a,
rsss 10 IecisIae The subject OF slavery Co
nioht and not improperly, be directed h 'bs sry,
,In,i,n was formed in l7S1 il was dlscdSseu " .n ~
: i STATES who accepted it. Various essays "''e ~