The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1857-11-05

l~J sN"sstS ~ sa~ so"t suos s"S S"H
is authorized to make the arrest witho
q warrant or service, aud also. he may
arrested BY legally constituted agent
the owner; but the statute 10 express th
there shall be writ or power Of attorns
to constitute the sgency. and moth Ia
short would justify party in making Il
arrest. The arrest may be also made
the United States Marshal Of the distri,
by his deputy. or persons he may call |
ss'ist him. Those are the persons alon
under the provision Of the law. who al
authorized 10 make the arrest. 2aFoa IS
The offence then must consist iu oh
struciing or hindering the arrest Of an ol
fcer duly authorized. or by the owner o
his legally constituted agent. II woult
not be necessary. to prove positiv,
knowledge Of the fact that the party ar
rested was slave. for circumstances NAV
justify the presumption OF that knowl.
edge. Itmay be proper to state that in
the free states. where slaveryis not toler.
ated by law there is no presumption that
a colored perso is . slave; but in states
where slavery is sanctioned, the presump.
ton is. that he is a slave. Az to what
constitutes obstruction in the arrest Of Q
fugitive. ! will only say thatit is some act
calculated and intended to prevent the ar.
rest Of the negro, and to remain merely
passive. and no interfering 10 the arrest
does not consist guilt unless there has
been an express command or requisition
him to assist in the arrest.
The next offense designated is the res
'ue; or attempting the rescue Of fugi-
i've law fully in custody, or aiding and a.
'etting and assisting such rescue. And
here must have been a lawful arrest in
ne of the ways referred to. to constitute
bis crime. Any direct net which is
learly designed to affect a rescue. will
ring the party within the clause which
FINISHES the act Of making a rescue. e.
en- il the act fails in its result, for the
wv embraces the act Of attempting q
escue. M ys5 81,
The next offence is "aiding and abst.
ug a rescue" when the parties charged
re not principles in the transaction. and
ave no direct agency in effecting the
.scue. bnt are in some way connected
ith'the transaction, and have done some.
ling to encourage and assist, indirectly,
the rescue. Another offense 10 desig-
sted. which is, "harboring and conceal
&" q sfugiiivsso as to prevent discovery
i'd arrest. The common acceptance Of
e word "harboring" is. taking Of the
'rson into the possession, or on the
smises. or in the house. Of the party,
d where i, is connected with the knowl.
ge that the party is an escaping slave, T,
ould seem to bring the party within
At portion OF the statute. But the of !,
ase OF "harboring" is not committed
less the result is the actual proven. i,
N OF the recapture Of the fugitive. In
gard to "eoncealing," it implies actaal
owledge on the part ofthe person char
d with the offence, that the party was a
si'ive slave. and that he concealed him
I'M observation 10 such way as to de. !,
It the vigilance and intentions Of the !,
: y seeking to make the arrest.
ln speaking Of this / will remark a.
in that there must have been knowl. !,
ge 'hs. the person escaping was fu. .
i've slavs. and that knowledge may be
positive knowledge. or dsduced from .
circumstances of the case. Il has
en decided in this and. other courts. tina. q,
der this law and the old law i793 the
ense Of harboring. concealing and as. q,
ting 70 the escape Of q negro. was not
'sunmated By merely minissering to .,
wants and giving 70 him that charity
assistance which might unite for his .,
mort and necessities. a,
After the delivery Of the charge. the !,
and Jury retired to deliberate upon the ).
tloas matters which may be brought,
ore them. The fugitive slave case re. .,
red toby Judge Leavilt. in his remarks .,
!! probably occupy no little time in the
The Investigations By the jury Gin. a
Providence, Oct. 80. D