Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1853-08-26
The Cincinnati slave Case
DECISION OF JUDGE MCLEAN SUS.
TANNING THE LAW.

I variety 10 day TO present our readers with
portion of that able paper The conclusion
will be given Tomorrow. Its known that
5 the proclisities Of Judge Mclean are hostile
: to the II stnution of sla cry; the unansweranle
constitutional yiewof the Fugitive Slavs Law
: embodied in bis opinion. will therefore receive
additional moral strength. But its chief i'm.
portsnce consists in the fact that il Is the frsr
opinion given 10y Judge OF the Supreme
Court under the act OF 1850.
The case upon which The decision Of the
Court Was given is thus stated 10y the National
lptclligencer
i The name OF the fugit slave was George
MeQuery. who ran away from Washington
eourty. Kentucky, abour four years apo, and
since that time has been living In various paris
OF Indiana and Ohio. principal in Troy, in
the latter State. where he has been twice mar
RED. He did not deny that he was a slave,
and expressed his Willingness to go back to
his master, if he would promise not to sell him.
He did not complain of bad treatment, and
said that he bad no thought of running away
until about an hour efore he started. when it
vas proposed 10 him by those whom he
companted. The evidence in the case was
conclusive, end left nothing open to the coun
sci for The defence but n denial OF the co nsiltn
tonallty of the Fugitive Slave Law, which
ground they assumed
he argument having been concluded,
J Judge MCLEAN made the following decision
: In giving my decision in this case,it may not
] he improper 10 say "a word in regard to the
| manner in which it has been brought before
+. me
in the first instance issued writ Of habe
as corpus. on an affidavit that the defendant, as
l. he may be called was illegally deprived OF
g his liberty The ject was to inquire into
II the legality of his Imprisonment An order
$ wosaIterwar DIS issued to the Deputy Marshal of
= the United States, with The same object in
. view. IL was to inquire whether McQuery
was legally detained. With view Of show
ing legal detention, the claimant Henry Mil
n Ter. has attempted to show that the defendant
e was fugitive from labor in Kentucky. The
;. inquiry undoubtedly was legitimate. The de-
PENDANT must be released If illegally detained,
and il is Tor the claimant to show that his de-
: tenton was legal.
s The first question that arises may be on the
n facts OF the case. The defendant has atlemp-
e ted 10 show that McQuery was his slave in
J. the State Of Kentucky. His son, Jacob Nil
Ter lwenty-onc years OF age, was introduced to
prove the fact. This witness states that, ever
since he has known anything, this person has
been the slave of his father, has lived under his
j Control and management. and has been treated
y as the other slaves or persons owing labor
r and service TO his father; also that about four
!, years ago. Mc(Qucry absconded with three
Q others, who also owed service To his father.
} VIM Kelley, the second witness, corrobor-
: ates the first witness He was lear neighbor
81 To Mr. Miller, and knew that this "boy" was
n his servant, they were Intimately acquainted
with he family with whom they frequently
visited, and alu ays saw this defendant acting
y IN the capacity OF servant. This witness also
>, corroborales the statement of Mler's son as
q TO the absoonding of this boy and states the
~ time and circumstances of h's leaving.
> James Kelley, brother of the last with SIS,
= corrobora'es the testimony previously given.
y lie also was intimately acquainted With MIR.
!, M'ller's family aud had known this hoy c.
y even years; he knew him as the servant of
c Mr.. Miller.
The witness 1ocum corroborates the first
: three. He had lived near the parties for ma
" ny years. during which this defendant was en-
y ployed, managed, and controlled as the SER
10 want of the claimant
y Mr.. Trader, Deputy of the United States
a. Query. who said that Miller was his master,
q" and expressed some regrets that he had left
=. his service; said he was pursuaded by "Ste
ven" who absconded at the same time
This statement is corroborated by Mr.
'P Black. to whom McQucry confessed thai this
ot was his MASTER and that be left him under the
Q circumstances stated by the other Witnesses
n Now, so FAR as the status ofths individna Is
n. concerned it would be difficult 10 present
case which would more clearly establish the
claim OF Henry Miller. This is SO particular
u and c'rcumstantial, SO entirely unconradicted
d. that II Is Impossible TO resist the result of the
b. examination, the clearest and most decided
ID conviction that this person in the condi
y ton of servant in Kentucky. have never
- in any case that ! have investigated, cases
where damages are claimed, which present
he similar points. known claim more clearly
nv made out.
ID 1t has been urged that it has moi been proven