Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1858-05-29
Gbe Anti- 9lauerp Bllole.
SPEECH OF
HON. THOS. CORWIN,
ON THE
TRIAL OF w. NJ. CONELLY
DELIVERED IN THE U. S. COURT, FRIDAY
MAY l4th-HON. III. Ii LEAF1TT.
PRESIDING.
CHARGED WITH
ING FUGITIVE

I have shown that residence, by the consent
of his master, of even an hour in free State
makes slave free; without any adjudication
This is necessary result of the principle that the
free States have right to protect themselves
against the competition of slave labor. The
Courts of this State have always consid erod such
a residence act of manumission
In some of the decisions this comfy as it is also
stated in Story's Conflict on this point, is one
which is neither created nor promulgated in the
Legislative department. Such comfy as Is TO be
extended may be found in the statutes.
have insisted already that the uniform author.
ity of the Courts in Kentucky, for sixty years,
that the voluntary return of slave who had been
sent by his master to free State, did not reduce
him to slavery Now, if there is any such comfy
to be extended, as is claimed, it must be found in
the statutes of Kentucky, and not in the decisions.
The gentleman who conducts the prosecution has
failed to show any such statute, and ask your
homer to apply this principle to the case
We know what is the law of this State, but it
is we'll enough to refresh our memories. Col
Withers stated, If l recOllect rightly, that his
slave Irvine was here hundred times during the
six months prior to June 18th, 1857. Now on the
18th of April, 1857, a law was passed by the Ohio
Legislature which denounces the penalty Of false
imprisonment and kidnapping against any one
who shall endeavor to remove person from this
State, against his will or hold him here in invol
uutary servitude (The law was read.) Your
the case of the fugitive from labor. But it de-
clares that slave, here by his masters consent,
shall be taken as a freeman-a proposition which
no one can controvert. Now, Col. Withers permit
ted his slave to come into this State several times
during the pendency of that law. And l wish to
know il your Honor can hold that man so sent
was not bound as slave, and at the same time.
punish citizen of Ohio who acts in accordance
with that law, but did not know the decision in Q
Ben Munroe? Acting under these Impressions,
is nv client to be indicted and punished as a fel-
on, because he does not know the law of neigh
boring State? Why that would require that cit
izen Of Ohio should know all the laws of Kentucky
and the la VS. of all the slave states. The learned
District Attorney, pre-supposing that your honor
did not know the law OF Kentucky, got young
lawyer, worthy young man, a year old in his
his profession he told you, that he might from his
stores dispense it. Now what your honor has to
learn from this young man, is my client bound to
know under penalties? (Laughter)
That's law as sent from Washington and made
known BY my friend. know of no one through
whom should more willingly learn the laws, il
they are to be hung up like Caligulas SO high that
they can't be read, than my friend the prosecutor
whom shall have to consider as the unwilling
agent in the enforcement of ths law.
To show the law in Ohio Mr.. Corwn read from
Ohio Rep. 622, the syllabus of the case of An
derson vs.. Poindexter CT als lie continued,
But there is point arising under the law on
which this Indictment is based, that seems to
make it your Honors duty to discharge the pris-
oner. The indictment reads that Connolly did
harbor &c. so as then and there TO preUent their dis
cOvery and arrest. The clause under which this
indictment is very properly drawn, is in the 7th
section of the Fugitive Slave Act. Your Honor
will find the Act in all the books where there is
printing. Mr.. Corwin read the section which con-
cludes with declaring that the person harboring
and concealing so as to prevent the discovery
shall pay $1,000 to the owner for each slave lost
aforesaid. The point was aso,raised by Judge Stall
TO- Mr. Corwin resumed The gentleman thought
proper the otherday to advert to the circumstances
under which the law was made.
Few men can know them better than myself
The act was passed in September, 1850. Con.
gress had been in session from the middle of the
previous December, in anxious deliberation. Cal
ifornia had made herself q State Utah and
New Mexico were awaiting Territorial Govern
mepts. For nearly eleven months they had been
under the simple law of a military Governor. and
Southern men seeing that California was likely to
come in as free State, which would be North
ern gain were determined to have an equivalent
concession.
So the fugitive slave law was made with the
view that no negro could run away without being
caught.
What does this law do In the first place il
constitutes the appointees Of Court, judges to
determine between master and slave In tho 2nd
and I'd sections it is provided that the marshals
shall, upon warrant being issued by that worthy