The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-25
r.. ,n,,,a.k,e Fugitive slave Case.


Tho following charge Was delivered by Judge
Miller. OF the United States Court at Nil xsakie on
the 18th inst. in the Of Joha Rycro.t who was
charged with aiding in the rescue Of fugitive asvs
named Joshua Clover
GENTLEMEN OF THE jury
At the commencement Of this trial re marked
that +" verbal application nad besn IN ade, on behalf
4 reporter 70. daily pager, for leave to report
he evidence in this cause. After the case is con.
Guided have no object ms t1at correct report be
made rave never lnseat e1 in any csse, that
report be published darnl The pead.ncy of trial
The Jurors have nc less 70 tn papers, and elug
interest In the proceedings, may there read what
may not be correct. JaeJrs should find verdict
upon The evidence ~ 1t passes 70 toemfsom the wiz
nesses, without baviag rnsr minds distut0,d %
reading the reports os irss lnsib!e aud peraa Is
inaccurate reporters To ccmtaaf cases. 50 far as
my observation has ex.t ni-d sminclined tc thiak
ieJnsoe has been ne IA several instances, by the
daily publication OF ev. ie1ce lucing the siaL Add
in Gases OF n0n-agrse of Sic Jlry just secoad
trial is rendered uacsrtaia by suc3 publications.
For these reasons ect uly request tae editors
TO postpone any pub1cGton Of the evidence, until
the catse is finally dsts1m,nsd. | do Mt make q
positive commsud, bat respectful request, watch
in every Instance heretofore has been complied
with
This request ] believe has been ,mplied With,
aad you left to decide tits case uoon tbs evil
deuce, as Jou unders uod IL, from The witnesses.
also, at an early hDu: of this tr al, cautioned
you as Aust outdoor llIeaces, feeling is iaty
toprc'ect the putty Of toe jury-box Ia all cas- 8
likely 10 lie ATTENDED w,sn excitement | have pnr-
sued shs course, and toe Jurors 10 understand
that an at .empt TO influence hsir decisions out OF
court is i0dctabe, aud t1at It t1sir duty TO make
the Information arhe law throw atoand juror,
sworn TO Try issue accord ng 70 eviten e, cir
Gle, ,ntu Tlieh 10 man can coTaply enter with
impuLitv.
0ae objsct cf the provision in the federal consti-
tutor, OF jgciciiIy, vas, thai . tr.buus miy ex
is. 10 zach State, wherein ell p3rs nay appear
suitOrs, unembarresssi ~ cal prejad,css, infiu
en- es or iatersst. Tals Is court OF the nttioa,
MAJ, k1 oil uarr.r IL -, Diet,
d nts of Cor sister Staes Of the Union aopear hers
ande. the coustttuti N u DIVISION, American CT
hzen, o. an equality WA those Of Wfsc ,asin; and
intab arts o., or euIig agts tcnm foreign States,
as smtsrs. have equal considsFah n @ltl our owa
ciozere This bong n,1anaI couet va are
nadocai jury. equally re moved With tha Judge from
all local influences. 4 gsntl insn 3upying ,he
seat OF o juror in this court vii! seeit duty. ia
promoting this object # 10 constitution, to dis
caro- from his mind al local Ireiu Ices, feelings
TIE subject Of slavery in the several states OF ne
Union has bean attended with diff ,uites, both be-
fore aud since Tho adoption of the federal constitu
ton. Through the cupidt'y and avarce OF England
slavery Introduced into the Americ N colonies;
and i. existed in them without regari to their loca
lily, north or south, until the people il the Norsh
found by experience that i; was Improbable. AT
the adoption OF the constitution il existed in all the
States but Ia us had then been generally enacted
in the Northern States fJr it's gradual ab,l ton.
Al the adoption OF the con stitnion OF tae United
states slavery had been 30 eng afted into the seve
raj Sio.es, that constitutional provision fer the
sunenoer Of fueaives from labor be essential to
the adoption of that instrument.
The constitutional p vIslon upon the subject is
tsis:-"No person held to service or labor In one
State, urder the laws Lii sreof into another,
shall, in consequence Of any law or regulation
theron, be discaarged from sucd service or Labor
but shall be delivered up claim Of the party to
whom suca service OF I4bor ma, be due"
What ehsll say tc you upon this occasion has
nothing new or original with me- ] shall content
myself by following decisions Of the Sapgmc Court
OF tue United States, au1 the Opiuion of the SUI
preue judges Story, and CARTS, of MASSACHUSETTS,
Baldwin, Of Pennsylvania, ard Nelson, OF New
IerE.
The moe Of delva ripg u, fugitives from iastics
and labor Is not pres roet in Ine constitution, or
BY ANY law. until The sct q Congress-, respecting
ugityes from justice aud parsons escapicg from the
services OF their masters OF Febru AIRY H. 1898 four
years after the ado ,tion OF the constitution. This
act berg found defective and imperative, the
ameO Gu eht OF September IS, 1850, vas passed. In
respect 10 tbs amended acc, in charge Of tae
CilcUt Court CT tie Uai cd States, IN Sac Of
New York, TO grand iary, NJ. Justice Neis,o, OF
the Sapt, uio Court OF United Sttes. remarks:
II wi, taiok, excite surprise. after the t.
termined opposition to tae passage OF the suppla-
ntarl CT, aDd even tareassnea, aud In some a
stances euil resistance TO its execution 10 certain
quarters, when II IL seen That tcere s not power
Conferred upcn those appointed to adninisterit
jucicialy, but what aas c,afer.ed upol the judges
and ot,e State magistrates, under the &c, OF 1898
"a ias approved by Washington aud Adams,
and eracsfd by the fathers and founders Of the
republic nc. ono. Il Is simply Ia lis fespac.
magistrates, WHO wee disabled ard prevented
fr, IN ais ha-gipg their duties by tae State an
thorilss. Full couldeg &c repossd iI then
BY TIE gsIeIal goyer. u,eus 50 loag as thay we're
were selected, OF necessity, to supply their places.
This is tie only difference, as II regsrds the judicial
authority conferred By the sc Neither is there any
power sonerred By it, the claimant, his attorney,
or ageIt. but whet is fouad ia the act OF l793-n3t
one. All the additional powers are conferred upon
the ministerial officers; the marshal and deputy
hat ~rNn lad To thn
and other process issued in pursuance of its pro
visions, and which warrants and process are the
same those provided for in the previous act aud
none OILERS. Every ground Of opp ,stion to this
act, distinguishabe from opposition to the for
mer, is exclus veiy reterabe to the powers with
which the marshal and his deputies armed, with
view 20 Its execution"
The Supreme Courts of the several States ia the
North have sustained this Law, anu the Supreme
Court OF the United States in repeated decisions
have sustained IT, and We, bosh Judge and jury, are
bound by these decisions.
Is Is said that this law Is unjust, as ii allo VS.
master 10 arrest his fugitive slave, and to bring
him before Judge or Commissioner for ex amin
alton.
The right OF master to arrest his fugitive slave
is not solitary one in the Ia Va OF this country.
master may pursue and apprehend his fugitive APP
prentiee whose servi e and labor he Is entitled to
demand by virtue Of the deed Of indenture. e..
ther may compel his Grant minor child to return to
parental protection aud ID submit to parental autho-
dty. A surety may pursue and carry back his alb
scondirg prir cpa,, and commit him to prison in
discharges of his recognzance. ALI these thugs are
done daly without producing excitement, and not
one OF these persons, except apprentices claim
By yhtue of any statute provision. opsn, fair and
public examination upon disnterested testimony be-
fore their removal Is effected az in the Of fngi
i've slaves. The fugitive from justice may be ar
esttd upon warrant founded upon an afi dsvit Of
he injured or interested party, and removed with
mt preliminary hearing and it frequently re-
ults upon trial that the charge IL unfounded.
While the law under consideration is effective in
arryirg out the provisions of the constitution il is
quauy 80 Ia protecting free colored parsons from
secret or criminal deport alton.
The marshal ~ held TO the Untted States for the
use of al persons interested. with suret,s, ia a
bond Of heavy penalty for the faithful discharge