The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1858-05-26
Tom. Corwin I'm a Niger Case.
We publish an extract from ex-Governor

NQxX va III ueIcuCo Vi SUuuellyy Uo-
kt1 States District Court at Gin
who have heard Corwin
"a to appreciate the speech
G1 will supply the mannseiA
n d ne ~ spoken from their own mem
"a nagination; and these who have 6l
he6Sd him Will find even in the
hQsks Of printed extract, much to mOve
their admiration.
have shown that a residence, by the c0n-a
0ent Of his master, of even an hour in free
sstatc, makes slave free, without any adju-
sdication, This is q necessary result of the
1rranoiph that the free states have the right
II 1e610t themselves against the competition
~ &aol labor. The courts of this state have
MINI considered such residence On act of
'manumassion.
In some Of the decisions this comfy, as it
is also stated in Story's Conflict on this poil5y
is one which is neither created nor promufS
gated in the Legislative department. Such
comity.as is to be extended may be found in
the statutes.
| have insisted already that the uniform
authority Of the courts in Kentucky, for
sixty years, was that the voluntary return Of
u slave who had been sent by his master to a
free state, did n OF reduce him to slavery
Now1ifr there is any such comfy to be ex-
tend 10 claimed, it must be found in
the Of Kentucky, and not in the de
cisid b gentleman who conducts the
prosecution has failed to show any such
statute, and l ask your honor to apply this
principle to the case.
We knovsRhat is the law Of this state, but
it Is well b to refresh our memories
Col. M Stated, If ! recollect rightly,
that h0l1ve Irvine was here hundred
times during the six months prior to dane
18th, 1857. Now on the 18th Of April,
1857, q law was passed by the Ohio Legisla&
ture which denounces the penalty Of false
imprisonment and kidnapping against any
one who shall endeavor to remove person
fssm this state, against hia will,or hold him
here ~ involuntary sesvituds. The law was
ready Your honor shall Gee that the law
carefully excludes tho case Of the fugitive
from labor. Blu, it declares that slave,
here by his masters consent, shall be taken
AS freeman--a position which no one can
controvert. Now Col. Withers permitted his
slave to come into this state several times
during the tendency of that law. And |
Wieh = know if your honor can hold tina, n
mnn ~ sent was mot bound as a slave, and,
| ~ ~ same time, punish citizen OF Ohio
Who acts in accordance with the law, but
did not know the decision in 9 Ben. Munroe !?
Acting under these impressions, is my client
to be indicted and punished - a felon, be-
cause he does not know ths Inv Of neigh
boring state ? Why, that wenld require that
a citizen Of Ohio should know oil the laws
of Kentucky and the laws of I'LL the slave
|
supposing that your honor did not know the
Law of Kentucky, got young lawyer, n
worthy young man, year old in his profess
sion he told yon, That he might from his
| stores dispense Il. Now, what your honor
| has to learn from this young man, is my eli
! ent bound to know under penalties (Laugh-
ter.)
That's law as sent from Washington and
made known By my friend. know Of no
one thr0ugh whom should more willingly
like Calgula's, SO high that they can't y
read, than my friend the prosecutor, whom
shall have to consider as the unwilling agent
in the enforcement Of this Law.
To show the law in Ohio, Mr.. Corwin read
from 6 Ohio Rep. 625, the syllabus of the
case Of Anderson %. Poindexter et al. lie
continued
But there is point arising under the law
on which this indictment is based, that seems
to make it your honor's duty to discharge
the prisoner. The indictment reads that
Connolly did harbor, &c., so as then aud
there to prevent their discovery and arrest.
The clause under which this Indictment ID
very properly drawn, is in the 1th section Of
the fugitive Slave Act. Your honor will
Cad . Ill 81, l..
printing.
Mr.. Corwin read the section which con-
cladcs with declaring that the person har-
boring and concealing so as TO prevent their
discovery shall pay 81 900 to the owner for
each slave LOST AS AFORESAID. The point
was also raised by Judge Stallo. Mr.. Cor.
win resumed:
Thsgentleman thought proper the other
which the law was made.
Few men can know them better than nv.
soK. The act was passed in September,
1850. Congress had been in session from
the middle Of the previous December, in
anxious elaboration. California had made
herself n State. Utah and New Mexico were
awaiting Territorial governments. For near
| ~ eleven months they had been under the
( sfAsF1S 80" Va AAAihtuiJ otttTUUT, anu
Southern men seeing that California was
lksly to come in as free state, which would
ne Northern gain, determined to have an
equivalent concession.
so the fugitive slave law was made with
the view that no negro could run away with
out being caught.
What does this law do ? Ia the first plaee
Il constitutes the appointees of Court,
judges to determine between master and
slave. In the I'd and Sd sections il is pro-
yided that the marshals shall, upon war
rant being issued by that worthy young gen.
tleman, MIR. Newhall, who presided at the
| surgical operation in tho case Of Irvine
Broadhurst, when his wounds were attended
| 70 here-it was more that than court OF
justice-immcdiately serve it, under pen.
atty Of $l,0oe.N (Other sections were re-
viewed.
In the last section il is provided, that any
white man can sit down before any court In
| Georgia aud swear that he has lost black
man with certain marks upon him-his nose
uncommonly Tat, his shins having an unusu.
ally rotund cucumber curve, or any other
mark by which the descendants OF Ham NAV
be distinguished and having sworn to this,
with no one to cross-cxamine him or detec,
his perjury il he commits it, the court sets
Its broad seal to 1t, and he comes to Cincin.
matt, appears before Mr.. Commissioner New