The Tiffin tribune. [volume] (Tiffin, Ohio) 1848-1859, 1857-11-13
U, s. District Court Judge Leav-
tits Charge TO the Grand Jury
The Fugitive Slave Law.

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Leavitt proceeded 10 charge the Grand
Jary in relation to various matters appor.
tanning to tho dGtios Of their position,
and after reverting to the usual questions
brought before such bodies, remarked
that ho was informed that lhorc would be
submitted for their investigation CON.
plant founded upon the seventh section Of
what is called the Fugitive Sllve Act, +"
enacted in 1859. After reading the sec
ton referred to, he charged the Jury sub
siant,ally us follows;
L will romark, in tho first place, that
IL is no part Ct my duty, aud not within
my purpose, at this time, to doscant or
make any remarks upon the character Of
tho law 1t is a law the principles Of
which have been the subject Of much
discussion, and sources Of great agitation
throug ghout the Union, Ny especial du.
~ is to call your attention to the provis-
ions of the law which have real, aud
II will DO your duty to make tho inquiry
and ascertain whether there have been
par les who have been guilty Of viola
ton Of the provisions Of that section;
and | have no doubt that in the perform
ance Of that duty, under the oaths you
have just taken, you win feel IL incum-
bent to inquire impartidly whether the
circumstances proved to the Grand Jury
sufficiently show violation Of the law,
aud It so. you will not hesitate to return
"a bill in accordance with your couyic-
tiuus.
In the seohon just read, there are sew.
eral distinguishing acts that constitute
crimnalty, The first Is "knowiugly aud
willingly" hinGering or preventing per-
sons authorized to make the arrest Of an
escaping fugitive slave. IL appears that
in order 10 constitute il a penal otTense,
the person must have acted knowingly" :"
that is, with a knowodge Of the fact that
the party sought to be arrested was in
fact slave, owing service in another
state, and had escaped from that service
10 this state, aud that knowledge may be
actual aud positive. or il it msy be a
knowledged inferred from tho circum-
stances Of the case; aud there must be
grounds in the minds Of the jury for the
reasonable presumption at least, that the
party charged with the ollonse had a
knowledge Of the character Of that per
son, that Is, that he was au escaping fu-
gitive slave, and there must be knowl
edge. either presumptive or actual, on the
part Of the person implicated that Tn,
person Per: Or officer seeking to make the ar.
viii learn by reference to the law, that
the owner is authorized TO make the ar
rest without warrant, or service, and
also. he may be arrested by legally con
stituted agent of the owner, but the stat
ute is express that there shall be a writer
power Of attorney 10 constitute the agen
cy. and nothing short would justify n
arrest. Tho arrest may also bj made b,
the United States Marshal Of the district
by his deputy, or persons ho may call b
assist him. Those are the persons alone
under the provision Of the law, who ar,
authorized to make the arrest.
The of,nse then must consist in OBJ
strucdng or hindering the arrest by az
officer duly authorized, or BY the owner
or his legally constituted agent. Il
would be necessarily to prove a positive
knowledge Of the fact that tho party ar.
rested was a slave, for circumstance,
may justify the presumption Of that
knowledge. 1t may be proper to state
that in the Free States, where slavery /.
not tolerated by law, there is no presump
tion a colored person is a slave; but il
States where slavery is sanctioned, the
presumption is that he Is slave. AS lC
what constitutes obstruction in the arres
of fugitive, will only say that it {,
somo act calculated and intended TO pre-
vent the arrest Of tho negro, and to re-
main merely passive, and not interfering
iG the arrest, does no, constitute guiH, un
less there has been an express command
or requisition, requiring him to assist il
the arrest,
The next oGense designated is the res
cue, or attempting the rescue Of a fugitiy,
lawfully in custody, or aiding or abettinl
and assisting such rescue. And ther,
must have been iaWful arrest in one o
the ways referred TO, to constitute thi,
crime Any direct act whieh is clearly
designed to effect a rescue, viii bring "a,
party within the clause which furnishes
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act fails 10 its result, for the law embraces
the act Of attempting rescue,
The next olfense is 'aiding and ahet
ting a rescue, when the parties charged
are not principals in the transaction, anc
have no direct agency in eGsoting the
rescue. but arc in some way connected
with the transaction, aud have done some
thing to encourage and assist, Indirectly
in the rescue. Another oifsnse is desig
mated, which is, "harboring aud conceal
ing" a fugitive so as to prevent discovery
and arrest. The common acceptance o
word "harboring" is, taking Of the per
son into the possession, or on the premi
ses, or IN the house, Of the party, an,
where it is connected with tho knowledg
that the party is an escaping slave, woul,
seem 10 bring the party within that por
ton Of the statute. But the offense o
"harboring" is not committed unless Oh
result is the actual prevention of the re
capture Of the fugitive In regard 4
"concealing." it implies actual kROwlsdg
on the part OF the person charged witt
the ofense, that the party was a fugidv
slave, and that he concealed him frou
observation in such way as to defeat th
vigilance and intentions Of the part