Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1857-10-29
U. States District Court-Judgc
Leavi;t's Charge to the Grand
: Jury-The Slave Law.

AT the opening of ,he United States Dis
trict Court, yesterday uorning, Judge
Leavitt proceeded to chsrge the Grand Jury
in relation to various n2t:ers sppertainine
To the duties of their position, and after re-
verting to the usual questions brought be-
fore such bodies, remarked that he was in-
formed that there would be submitted for
their investigation complaint fouLded up
on the seventh section Of what is called the
"Pogitiee Save Act" enacted in 1850
After reading the section resrred to, he
charged the Jury substantially as follows:
will remark, in the first place that it is
no port OF my duty, and no. within my pur-
pose, at this time, to descani or make any
remarks upon the character of the law. It
is a law the principles of which have been
the subject of much discussion, and sources
OF great agitation throughout the Union -
Ay especial duty is 10 call your atte ntiun
to the provisions OF the law which have
rcad. and it will be your duty to make the
inquiry and ascertain whether there have
been parties who have been guilty OF vio-
lstion Of the provisions oil that section; and
] have no doubt that in the performance OF
that duty. under the os'hs YOU have just
taken, You will feel it Incumbent to inqu re
impartially whether the circumstances
proved to the grand Jay sufficiently show ii
violation OF the law, and it 80, you viii not
hesitate to return bill in accordance tn
your convictions.
10 tie section just read there are several
disting uishing acts that constitute crimin-
ality. Tho fist is ''knowingiy and willing.
ly" hindering or preventing persons au-
ihorized to make the arrest of an escaping
fugitive slave. 1t appears that in orCer to
constitute it a penal offense, the person
must have acted knowingly" that is, with
knowledge of the fact that the party
sought TO be arrested MAS in fact slsve,
owing service in another state. and had
escaped from that service to this state, and
that knowledge may be actual and positive
or it may be knowledge inferred from the
circumstances of the rls,; and there must
be grounds in the mind Of the Jury Tor The
reasonable presumption at least, that the
party charged with the offense had know !.
edge of the character OF that person, that
is. that he was an escaping fugitive Save
and there must be knowledge, either pre-.
sumptive or actual, on the part OF the per
son implicated, that the person or officer
seeking to make the arrest was authorized
tu make it. The jury W iil learn by a refer
ence to the law, that The owner is syihoriz
ed to make the arrest without a warrant, o.
service, an2 also. he may be arrested by
legally constituted agent Of the owner, III
rfle statute is express that there shall be
written power Of attorney to constitute th'
agency, and nothing short would justify
party in making the arrest. The arrest ma,
te also made by the United States Marsha
of The, district by his deputy, or persons h
nsy call to assist him. These are the per
sons alone, under the provision OF the law
who are authoriz to make the arrest.
The offeuse then must consist in obstruct
gpg or hinderinz the arrest by an ctice
gully authorized, or by the owner, or hi
legally constituted agent. Il would not b
ueCceshIE u ofcse d PooilisC huO" tose
the &C: that the party arrested vas slave
for circumstances may justify The Pre>ump
lion of thai nowledge. II may be prope
to state that in the free States, where sla
very i. not tolerated by law, there is no pre-
sumption ,ha, ooIored person is slave
bu, in Sistes where slavery is sanctioned
ihe presumption is, that he is a slave. A
TO what constitutes obstruction in the arreS
of a fugitive, | will only say that it is som
act calculated and intended to prevent tn
srrest of the negro, and to remain merei
passiye, and not interfering in the arrest
does no, constitute guilt, unless there ha
been an express command or reeuisitior
requiring him to assist in the arrest.
The next ofense designated is the rescue
or attempting the rescue Of fugitive Ia"
fully in custody, or aiding and abettIng an
assisting such rescue And there uLust bee
iarfM srrest in vne Of the wsys rsisrrs