Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-07-16

Loraln COunty against tnen. WphteNer reepouoi'
blity is attached to the agreement or settlement
belongs to Messrs. Jennings, &c., and to us as the
friends and Attorneys of the parties and to none
others. ...H ..... t ....... tt
r. Ii. STANTON,
ID. K. CARTIER.
- ...- ...' 4aL
From the National Intel!gsncer.
CASE UNDER THE FUGITIVE SLAVE
LAW.
| A case OF peculiar character and more than or.
dinary interest both to professional and lay read
ers, came before Judge Me.rick on Tuesday
moining,t the facts of which appear to be as follows
John Wilmer, of Washington county, Maryland
bought certain slaves from the late General Lngan
of Maryland. One Of the Women thus purchased
gave birth to a child who was named Agnes Rob-
inson. The mother of Agnes was set free at some
time after the birth of Agnes Agnos herself was
also manumitted by her master, John Wilmer, in
lS47 Shortly afterwards Agnes came to Wash
ingon city to i've with the full knowledge of Dan
iel Wilmer, and in about the year 1849 herself be-
came q mother. Daniel Wilmer now claims Az
aud hel child fugitives, asserting his proper.
ty in tn m under bill of sale dated in 1914. The
father, John Wilmer, died last Summer. and the
con made no claim on Agnes until after the death
Of his father. Further the bill Of sale under
which he claims was never recorded iE Washington
county, Maryland, until the present month, though
the girl had visited for a considerable time DAME
Winners place of abode in that county. ...-.
The claiman: in support of his claim produced d
certified copy Of record of the Orphans Court Of
Washington county, Maryland, consisting of the
petition OF the claimant, not sworn to, and the de-
position of Benjamin Wilmer, setting forth thai
Agnes had been the slave Of John Wilmer. the
father of the claimant, and was sold by him to the
claimant by bill of sale the 9th of May 1874
and was afterwards in the possession of the claim
ant. and that she passed out of his possession
about twelve years ago. The record contained
copy Of the bill of sale. The original was no
prodnccd here, and il did mol appear from she espy
| 10 have been acknowledged or recorded, The dc
position did not allege that Agaes pr hsr child hat
fed from labor. There was no judgmtut Of ih
Orphans Court and the proceedings in that Cour
were confined to Agnes, the child not being includ
| ed. %,
Mr.. Davidge, who appeared for the respondents
offered in evidence duly certified copy Of q deco
of manumission from John Wilmer, the father, t.
Agnes, dated July S. lS47, duly acknowledged
and recorded, and the free papers issued to hel
thereupon; ; and he offered witnesses to show tina
the claimant never had possession Of Agnes a'
his slave. that the bill of sale had been virtually
abandoned by the father and his son, the claimant
that shortly after her manunisson she came to thi
city (where her mother. who had also been man
united by John Wilmer, resided,) and has since
with the knowledge Of the claimant, lived here as
a free woman and beeh treated and recognized a.
sueh; and that Agnes was in no sense fugitive
and conld not be remanded in this proceeding.
Judge Merrick ruled that under the 10Th section
of the Fugitive Slave Law the copy of the record
of the Orphans Court was conclusive, and that the
only open question was that Of identity. He
therefore excluded the evidence offered on beha
of the negroes. -.-r f'r ..-.s.
1t was objected that the copy Of the record could
not be conclusive, not being in accordance with
the 10th section, which relates to the courts of re-
cord which tie Orphans Court of Maryland are
not that the Orphans Court had, under the Law
of Maryland, limited jurisdiction, confined te
testamentary and other specific subjects, and had
no power to act in the premises: that the act o.
Congress, with view to the protection of tht
rights of the negro, did not embrace every court
but had reference to the State tribunals having
common law jurisdiction. and of higher dignity
and with authority to entertain complaint of thi
nature; and that no act Of Congress could confer
Jurisdiction ON State tribunal.
The Judge ovesrulsd these objections, and held
as above that copy of the record was cohciuove
i The copy of the record held to be conclusive diC
not embrace the child ; she not being mentioned
in it, and 1t was urgied that u.s. under the ruling o
the Judge this proceeding was auxiliary to th
proceeding in the Orphans Court of Maryland
and as the child was not embraced in that proceed
ing, she could not be delivered to the claimant
and that il, on the other handsrths proceeding
were original, then, under the sixth section Of h
act, it was competent to show that the child wal
not runaway and was free. Evidence to that Of
sect was offered. as it had been previously Offered
in the case of the mother The Judge held th,
matter under advisement until WednesdaI morn
ing, when he ruled that the record was equally con
elusive upon the child and refused to allow tht
introduction of any evidence save such as woulC
60 to show that she was not the child born since
the residence Of Agnes here
Agnes and her daughter we're then delivered in
to the custody of the claimant.
Counsel for claimant Messrs. j. M. Carlisle and
John McCntcheon for respondents Messrs Wal
ter D. Davidge and Asbury Lloyd.
The NATIONAL ERA.-A Washington dispatch
to the Cincinnati Commercial states THAI negotia-
tions have been going on since the death of Dr.
Bailey, to secure the National Era for party pa.
per for the Republican Presidential candidate
Don Piatt OF Ohio, it is understood will take