New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-02-03
CHARITY TO FUGITIvEs.
Jsdse Grier's late Charge 10 the Jury Es-
anziued.


ansined.
FER The frbupe
Tho Judicial department Of a Government
10 generally thought the weakest-the least
formidable. so il il, for carrying on ,oar, but
IL 10 q fearful and powerful instrument. What
could James ii. have done against the liberties
Of English people, at time when they werein
the greatest jeopardy, without subservient
Cosrt-what without his obedent Chancellor
Jeffries Nothing, indeed, TO purpose. Every
Law that he wished corrupt, and therefore
easily corrupted, Parliament to pass, no matter
how destructive OF liberty, was declared, by the
highest Judicial authority in the land, coaStlta-
heaai James, by other means in his handswas
near overcoming every resistance just so il is
with our Supreme Court.
II is the part of good Judge-of good
Cont, we kn0w--to confirm, 10 amplify, 20 ex-
tend liberty, and no act has been passed by Con
gTess-not even excepting the old "alien md
sedtion law more violatiye Of the Constitu.
ton than the Fugitive Slave Act, yet there is
not one OF the Judges Of the Supreme Court,
or OF their Commissioners, appointed since the
passing Of that act, that have failed 10 declare
it constitutional
Itis, indeed, one Of the principal objects of
this article TO bring TO the consideration of our
readers decision of Judge Grer of that Court,
lately delivered In Philadelphia, in the case of
Oliver vs. Kaufman, Wakefield and Brcckbill,
for harboring aud secreting slaves
We have somewhere seen, that in ooarersd.
iios or speaking person may appear 20 be gen.
erous and affect berality Ia others which he
does not feel, but that in erif,ng about them
half hour, he will Invariably and perhaps inevitably,
Disclose his genuine scntnlcnts This may have been
the with Judge Gricr, iorunconscOusly may he
10 hr,n writing his charge 10 the Jury he does Let
cut his weknown bitterness against the Ahohtonists
by HIS undue extraordinary particularly Ia telling hem
ss to suffer the peculiar views Of the Abohonss 10
have any effect on their verdict About those views
Judge q. SCENE 10 have ml6bed the commonesi, val.
ssrcst nocnsju,t ssch would instl into an lllibero
pereon great prejudice prejudice that Judge a. very
scen,ious fellow citizens but be not % have ek
smined them think, Judge Of our highest Court
ssSkt His Charge indeed appears 70 us to be better
adapted IA jury gotten together from the hills AMI
mountains Of Wc,tern pennsylyanis and over whom he
was exercising vevy learned and psternM dlrccton
than 10 the carefully selected and wei Informed panel
Of the United States Couit These sss certainly. did
nc; require to be told tina. they should not pora the
Anti Slavery opinions Of the actcndann any than
ether ornions-rerhsps their religious cnes-io inter
fec with their verdict TAes could have told hs 20 the
Judge well he could have told Il 10 hea but bis
real feelings VIII ont by the very 10 takes 20
conceal Them for hs abundant aud superauous caution
10 be- found at the beginning OF his charge a. well asa
the end oi ~
To cattle the plantiS to recover Judge Grer says
must be proved that the slaves escaped from Maryland
into Pennsylvania Ii this he tho case, there Il not
another word 10 be said against the eoassafioRslg OF
the deci hon. for thst Msysnd lsvehoaer has the power
% caurof properly be called rlsA0 by the Constitution
toparsns HE slave that has escaped from Maryland into
PcnnsyN snis, and there rcsske him, there can DC
doubt II rc;nkine his slave he returns With HIN
through free Ststc-and We wuald net lie vcTy PSF.
ticular 30 the road he might think best suited 10 hts
p0rpose-,he owners consentRc 20 his then being ia
state where no slavery Is allowed ought not % b.
ffracs under the Constitution into lberStion OF hia-
Ra his intcDtonto return with the sAveor AZ least 70
send him eacs-in reasonably eNpeii'ioO. manner
without any unnecessary delSy-mut ~ manifest H. .ur
instance Maryland Shareholder were 10 hsve two
fugitive savts jadcisly delivered 10 him In Phlsde,.
Thia, end we're t. send enc OF then home taking Tie
ssher % wait ON him 81 watering place Ia PcnrsNl
vsnia fer few weeks. surely ose not even judge
q. himself wouh ssy that the slave there sy bis
ers eons M OF Ssstsi tae consent oi sowner NsheT
would Any enc sAy, TIA; the slave hal esniFai tOa
Maryland deny that under the Constitution q the
United States snd Nv the laws 81 Pcnnsykena where
no slave psmredt ~ De he - - all aseas sad par.
Poses, free
nv,wc.tropgy sspectShs, TIC case have presented
was not 'he case IN court We have some rccoiectsn
OF the iacts. and think tks. the slaves shog.h try
might originally hsvc been fronu Maryland were essan
by rose who had the oosirolof them laso goapsVsns
any coasen, 81 theirs beng sskel Th,s fGa;aro
o. the cssceeclf.vc, IS We view is uot clearly st
forth - ighi hsVe beer sn - 80 think IL oarht -
save pcNhs htt leSseN ever BY WOgtiS which trea
the position vey hstty, and wlch as We tArS are Ny
30 means crSVltllctc Jgdse Gricr rae shar.e teIis
tia; tie counsel tor he slsves coneeiea tsey be
nee by tie at Of those Esvas oAare Q: tacnl
bringing tacm into fcanNlvSais. Nc Slnos sal,,c,e
that experienced ccanss. Uoeld have due so NV
aid net consider lhe slaves frec unter The lnste,o
and tAst the facts were substantially a. VIC hsve IRE
seated them In tbs op.nioa we 9 good dead
strengthened ~ he reerelcs Of laige Grer 30 ca.c
which he &iskss has heta scctacd Ia tAe Sapreaas
Court The 81 woh do0eiless he ant 70 refSr
Il that Of Straaer Gsytasn sad Arasfneng Graham,
TIE principal Poia. eiied ia is-at east sPplcao,e
% tie css in hani-wss that slavcs sen. fro-s AeIl
tssiy 10 OHIO BY TIE peEinkssoa 0, the owaeS did no.
On Their ARRIVAL there. aige SSistea teedofn for
they returned to KENTUCKY inesnach tsf and every
oeker Ssste has undoaseea rn, determine the
fss domestic and scSsi condition o persons dot
eed wsfAlp lts tesrkoy they wcaa be again redacea
TO slavery The facts IN short were tAess; Graham
kseneky ssxehser, hal tue three slaves IN aees
lion % Csncirnsi, under the cha Of w szaa %
play or parties they hs.ing nsscisns AZ tbs
pcessics watch called them aorosd over taey ~
rned to the service Of Graham his sisves In asiag
~ sk<y were, beyond al question ignorant OF fser
rshia But being bssxsr nfornsej they requested Of
knassrons. the csptae Of the steamboat Pkea rsya-
a. psfsensex boat beswccn Cincinnati ami Louisville.
Mes mestssppsf a that Jstse q a. ssres
pssf Fts ces has Aesa 3eeei Ia bat rsan4a1d as sot
ass case he rsssrtAzi han4a essy sad sa
AL 49, -. -