Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1857-10-31
q. 8. DISTRICT COURT JUDGE LEAvITT's
CHARGE TO THE GRAND JURY
THE FUGITIVE SLAVE LAW.

AT the opening of the United States District
Court, yesterday morning, Judge Leavitt pro.
ceeded to charge the Grand Jury in relation to va.
rious matters nppertaining to the duties of their
position, and after reverting to the usual questions
brought before such bodies, remarked that he was
in formed that there would be submitted for their
investigation q complaint founded upon the sew
ehth section Of what is called the Fugitive Slave
Act" enacted in 1850. After reading the section
referred to he charged the Jury substantially as
follows:
I will remark, in the first place, that it is no
part of my duty, and not within my purpose, at
this time, to descant or make any remarks upon
the character of the law. 1t is law the prin.
ciples of which have been the subject of much dis
cussion. and sources Of great agitation throughout
the Union. My especial duty is to call your atten-
TO the provisions of the law which | have read.
and it will be your duty to make the inquiry and
ascertain whether there have been parties who
have been guilty of a violation of the provisions Of
that section; and l have no doubt that in the per
formance of that duty, under the oaths you have
Just taken. you will feel it incumbent to enquire
impartially whether the circumstances proved to
the Grand Jury sufficiently show n violation of
the law, and if SO, you will not hesitate to return
n bill in accordance with your convictions.
In the section inst read there are several dis
tinguishing acts that constitute criminality. Tho
first is knowingly and willingly" hindering or
preventing persons authorized to make the arrest
Of an escaping fugitive slave. 1t appears that in
order to constitute it a penal offence, the person
must have acted knowingly, that, is with a kroEl.
edge of tho fact that the party sou yht to be ar
rested was in fact a slave. owing service in anoth-
er State, and had escaped from that service to
this State, and that knowledge may be actual and
positive, or it may be a knowledge inferred from
the circumstances of the case ard there must he
grounds in the mind of the Jury for the reasona.
able presumption at least, that the party charged
mil, tho nFo pna b,I n lnnyrlaApa of tho phornptar
of that person, that is, that he was an escaping fu-
gitive slave, and there must be n knowledge, eth
er presumptive or actual, on the part OF the per-
son implicated. that the person or officer seeking
to make the arrest-was authorized to make it,
The jury will learn by a reference to the law, that
the owner is authorized to make the arrest
without n warrant, or service, and also. he may
be arrested by n legally constituted agent Of
tho owner but the statute is express that
there shall be q writ of power OF attorney
to constitute the agency, and nothing short
would Justify n party in making the arrest. The
arrest may be also made by the United States
of the district by his deputy, or persons
he may call to assis. him.. These are the persons
llone under the provision of the law, who are au-
to make the arrest.
The offense then must consist in obstructing or
lindering the arrest by an officer duly authorized,
,r by the owner, or his legally constituted agent.
Il would not lie necessary to prove a positive
snowledge of the fact that the party arrested was
! slave, for circumstances may justify the pre-
sumption of that knowledge. 1t may be proper
20 state that in the free states, where slavery Is
not tolerated By law, there is no presumption that
, colored person is q slave but in states where
slavery is sanctioned, the presumption is, that he
IS n slave. AS to what constitutes obstruction ir
he arrest of n fugitive, | will only say that It'll
'ome act calculated and intended to prevent the
.rrest of the negro and TO remain merely passive,
not interfering in the arrest, does not constitute
5uiH, unless there has been an express command
IT requisition requiring him to assist in the arrest.
The next ofense designated is the rescue or at
.empting the rescue of a fugitive lawfully in Gus
ody, OR aiding and abetting and assisting such
.escue. And there must have been a ldutut arrest
n one Of the ways referred to, to constitute this
Any direct act which is clearly designed
o affect n rescue, will bring the party within the
clause which furnishes the act of making n rescue
wen if the act fails in its result, for the law
the act of attempting a rescue.
The next offense is aiding and abetting a res
ue." when the parties charged are not principals
n the transaction, and have no direct agency in Ell
Getting the rescue, hut i'll some way connected with
he transaction. and have done something to en-
ourage and assist, indirectly, in the rescue. An
Their offense is designated which is"harbOring and
oncealing"a fugitive so as to prevent discovery
nd arrest. The common acceptance of the word
'harboring" is, taking of the person into the pos
ession, or on the premises, or in the house, of the
and whore it is connected with the know
edge that the party is an escaping slave, would
to bring the party within that portion of the
tatute. But the offense Of "harboring" is not
ommitted unless the result is the actual prevent
On of the recapture of the fugitive. In regard to
concealing' it implies actual kHowledge on the part
f the person charged with the offense, that the
arty was n fugitive slave, and that he concealed
i'm from observation in such way as to defeat the
igilance and intentions of the party seeking to
rake the arrest.
In speaking Of this l will remark again that
here must have been a knowledge that the per-
on escaping was n fugitive slave, and that knowl-
dge may be a posaiCe k.ouledge, or deduced from
he circumstances of the case. 1t has been decid-
d in this and other courts, that under this law and
ne old law 1893 the offense of harboring. con-
ealing and assisting 10 the escape of a negro, was
OF by merely ministering to his
ANTS and giving to him that charity and assist
nee which might unite for his comfort and Deces-
tiles.
After the delivery of the charge, the Grand Jury 4,
ETH ed to deliberate upon the various matters
'hich may be brought before them. The fugitive
case referred to by Judge Leavitt, in his re-
larks, will probably occupy no little time in the J
,vestigations by the jury Cincinnati Gazette.