Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1858-12-08

The arrests will probably be made forthwith
Herald.
The Grand Jury selected by the United States
Marshal to find bills of indictment in the above
case, was composed as follows;
Daniel P. Leadbetter, Foreman; Gordias A
Hall, Otis Reed, Lewis D. BoyntOn, Edison L.
Stickney, Henry H. Gregg, Andrew w. Morn
son, Richard Wilson, Asahel Medbury, Philo
Scovi French W. Thornhill, Robert Carron,
Jno Friend, Anson Hayden, Samuel Clarke.
A son of Lewis D. Boynton, one of the Jury,
inveigled the negro in question into the clutch
es of the slave hunters, by representing to his
victim that he could have employment on Boyn
toms farm in the neighborhood of Oberlin, and
by starting with him in buggy ostensibly for
the farm, but in reality to deliver the colored
boy into the hands of his pursuers from Ken
lucky Lewis D. BOyntOn, an applicant for the
office of Postmaster at Oberlin, under these cir
cumstances, is selected and acts as Grand Ju-
ror, to find indictments against his neighbors
and fellow citizens of Lorain county, in order,
if possible, to subject them to the pains and
penalties of the Fugitive Law-an Act which
even Judge Wilson in his extraordinary charge
to the Grand Jury, which we append, is forced
to admit contains provisions repugnant t. the
moral sense of many good and conscientious
people"
Judge wilson's Charge to the Grand Jury.
In the United States District Court on We'd
nesday, Judge Wilson, latter referring to, and
commenting upon the both and 23d sections OF
the Grimes Act of the 81 March, 1925, in rela-
ton to counterfeiting the coin, and assaults
with intent to commit felonies on the high
seas and also the act establishing and regulat-
| ing the Post Office Department. concluded by
reference to, and comment upon the Provl-
sions of the 9TH section of the act OF September
| 18th, 1850, in relation to fugitiyes from labor
He remarked, that in consequence OF occur
rences which had recently transplred IN an ad-
| Joining county, he had been requested by the
| District Attorney, to call the attention OF the
Jury to this act of Congress. He said, this Sec
of process legal or Judicial, whstgEff iigsSggdde
a Court in session, or Judge, OF a U. s CIR
cult Court Commits sioner, acting in the due ad-
ministration of this law of the United States
1t matters not whether the warrant Is being
served by the U S. Marshal himself, his depu-
ties, or any one else lawfully empowered to
serve such writ
The offence of ObstructIng process does not
necessarily consist of acts OF rude violence. 1t
may consist in refusing to give up possession,
| or opposing, or obstructing the execution ofthe
writ hy threats of violence, which it is in the
power to enforce, and thus preventing the otfi-
Ger from executing his writ To warrant the
charge, no owever, ofunlawfully obstructlng the
arrest of fugitive from labor, some act of IN
reference, on the part of the person accused,
must be proved, tending to impair the right of
reception secured by the statute. Mere OBJ
struction, hindrance or interruption Is no offence
unless made to prevent seizure in the first in
stance, or reception in case OF escape Yet 1t
is not necessary to constitute an obstruction IN
the sense of the term used in the statute, that
force or violence should be actually resorted to,
to defeat an arrest. The refusal to permit an
arrest on the premises of another, after notice
that the person sought to be taken is fugitive
from labor and demand of permlsslonto to arrest
such person, is under the law an obstruction
And SO is the removal of the alleged fugitive by
the direction of another when done to prevent
an arrest And this is for the reason that the
officer, in executing the writ, is under no obli-
CATION to commit trespass or q breach Of the
peace in carrying out his purpose.
There are some who oppose the execution OF
this law from declared sense of conscientious
duty There is in fact sentiment prevalent IN
the community, which arrogates to human con-
duct standard of right, above and independent
of human laws; and it makes the CONSCIENCE OF
each individual in society the TEST OF his own
ACCOUNTABILITY to the laws of the land.
While those who cherish this dogma claim
and enjoy the protection of the law for their own
lives and property, they are unwilling that the
law should be operative for the protection of the
IL f,14bo rant
semi.religious in its development, and is almost
invariably characterized by intolerance and big
otry The LEADERS of those who acknowledge
its obligations and advocate its sanctty are like
the subtle pr relates of the dark ages. They are
versed in all they consider useful and sanctifed
learning-trained in certain schools in New
England to manage words, they are equally sue
cessful in the social circle to manage hearts; sell
dom superstitious themselves, yet skilled III prac-
ticing upon the superstition and credulity of
others,-FALsE as it is natural man should be,
whose dogmas impose upon all who are not
saints according to HIS CREED the necessity OF
being hypocrites,-sELFIsH as it is natural
man should be who claims for himself the bene-
fits of the law and the right to violate it, there
BY denying its protection to cthers,-more at
tached to his own peculiar theories of govern
ment than to his country, and constantly strl-
wing to guide the polltlcs OF the nation WIN
view of overthrowing the constitution and es.
tabishing instead a Utopian Government, or
rather no Government at all if based on the Fed
eral Union.
Gentlemen, this sentiment should find no
place or favor in the Grand Jury Room. Its ten
dency leads to the subversion of all law and
consequent insecurity OF all the constitutional
rights of the citizen. The fugitive slave law
may, and unguestionably does, contain Provis-
ions repugnant to the moral sense of many good
and conscientious people. Nevertheless it is the
| law of the United States, and as such should be
recognized and executed by our Courts and Ju-
ries until abrogated or otherwise changed by
the Legislative department of the government
| Ours is a government of laws, and it is by vir-
tue of the law, that you and l, and every other
citizen, whether residing North or South of the
Ohio river, enjoys protection for his life and Sc
curity for his property.
The following characteristic and disgraceful
article from the Cleveland Plain Dealer is
perfect index of the spirit of the United States
District Court and its Officers, as well as the
organ of the Court and the Douglas DemOcra-
cy in this city. We publish it, as well as the
charge of Judge Willson,-and, by the way,
tale could be unfolded TOUCHING an indict