Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1857-04-25

muTh
PALLAs PHELPS,
ions A. THOMPSON,
Attorneys for the indicted above.
Upon the opening of tue Court in the afternoon,
the States Attorney, Carlos Haven, Esq, filed the
following demurrer to the plea, which was joined
by the defendants.
The people of the State of
Illinois Recorders Court OF
vs.. the City of Chicago,
Alexander Pierce, April Term, 1857,
John Williams, Indictment for Lar
John Taylor and ceny.
Alfred Nicholson.
And now comes Carlos Haven, State Attorney
for the people in this behalf and as to the said
plea of the above named defendants by them plead
ed and above set forth. saith that the said plea and
the matter therein contained, in manner and form
as the same are above pleaded and set forth are
not sufficient in law to GUST the said Court Of
Jurisdiction, or preclude the said Indictment
against the above named defendants, and that he,
the said Carlos Haven, States Attorney, is not
bound by the law of the land to answer the same,
and this he, the said States Attorney is ready to
verify, wherefore for want of a sufficient plea in
this behalf the States Attorney for the people
prays judgement, and that the defendants, Alexan-
der Pierce, John Williams John Taylor and Alfred
Nicholson, may be convinced of the premises above
charged upon them in the said indictment.
CARLOS HAVEN, States Attorney.
In support of the demurrer, the States Attorney,
urged that, although the defendants were really
and bona fde slaves and subject to rendition to
their masters, still they were liable to be tried and
punished under our local or State laws for felonies
committed by them within the State.
Mr.. Thompson. for the prisoners, then presented
the following in support of the plea:
In accordance with the rule laid down by his
Honor, Judge Wilson of of this Court, that issues
upon demurrer are not to be argued, and that the
counsel for the parties are required to submit the
points upon which they rely, in writing, | here
with submit to this h, norable court the reasons
prepared in the half hour allowed me- why the
plea in abatement filed in this case should be sus
tanned, and the demurrer overruled.
First, il is admitted by the Prosecuting Attorney
that the Supreme Court of the United States have
made the decision, q correct abstract of which IL
herewith submitted and filed, which decision il
behalf Of the court was made by Chief Justice
fancy, and it is claimed by the defendants, thai
howsoeyer much such decision may be opposed by
the opinions or ideas of the people of this country
OF by the Judge Of this Court as an individual, ye
that such opinion is now the established ldtc Of III,
land, and his honor the Judge Of this Court. in hi.
Judicial capacity is not at liberty to disobey il, bu
is and must be bound thereby.
Second, The genera; demurrer interposcd to thu
plea, admits the facts therein stated, that the de
| PENDANTS are chattels and property.
Third, The plea to the jurisdiction in this cas-
| filed, and to which the prosecuting Attorney ha
demurred, presents clearly and specifically
question of fact-to-wit: That the supposed de
iendants are not persons. but chattels and conse
quently incapable of committing crime, and in
capable of being incarcerated therefor. A chat
tel cannot commit a crime-an article of merchan
disc cannot by and within the meaning of the Law
be punished and that africans, the descendants o
slaves, bought and sold are held to he chattels an,
merchandise. wish TO quote from tue decision
above named: