Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-04-14
CITY & NEWS ITEMS.
THURSDAY MORNING, APRIL IA, 1883
tReported Tor the Leaderl
UNITED STATES COURT.
Trial Of the Wellington Slave Rescue Case
CLEvELAND, April 18th, 1859
EIGHTH DAY.
tReported Tor the Leado,
Trial Of the Wellington slave Rescue Ca

clude (aceording to the prosecutionJ that the
negro always follows the condition Of the moth
er, and not of the father as is the case every
where else in the known world. If we knew
what the law of Kentucky was wo might per-
haps find that the boy John who was first own
ed by the father of John G. Bacon, descend
ed by the common law of descent, t,--(not
alone to John G.. Bacon but TO the whole
six Of the brothers and sisters of the family
How then can it be asserted that the boy was
| the property alone Of John G.. Bacon, and not
of John G. and five other brothers and sisters.
There scarcely seems to be doubt that John
ran away and escaped in 1856. Nearly three
years after, John g. Bacon started forth to find
John. It is said that by power of Attorney he
authorised Jennings TO 90 in pursuit of his es-
capped property, This power of attorney is
signed jointly by Bacon and man named
| Lloyd. But has this power of attorney been so
drawn as to bring it within the letter and s irt
| of the law. The paper was signed-not by the
Clerk of Mason county, Ky, (R A. Oochran)
but by Deputy Clerk who may or may not
| have been a legal officer of that Court. This
question of the legality of that Deputy cannot
be shown here. 1t is barely possible that the
Clerks Of the State Courts sustain to the Fugi-
tive Slave Law such q position that they may
discharge the duties of this law at their own
options, but it cannot be done by Deputy
1t must be by known and recognized officer
of such Court and not by deputy.
But with that authority, such as it was, let
me call your attention to the facts as set forth
in this Indictment, to wit:-that he was arrest
ed by this man Jennings and holden by him as
the legal owner or agent of the owner IL is
alleged that lac took the negro by virtue of a
power Of attorney given him by Jennings
Upon this rests the whole case of the prosecu-
ton. But what are the facts. He goes to
Oberlin and, although he has the power of at.
torney and has man (Mitchel) to identify the
2 boy, he does not take him by virtue of that pa
per but seizes him by fraud and deceit Nei-
thcr the power of attorney nor the Deputy Mar
shall have anything to do with the arrest
He goes to Columbus and procures warrant
(usng the power of Attorney for that purpose)
for the arrest Of the boy. That is the only use
which he makes of that power of Attorney
save to exhibit it to some of the crowd TO give
J color of authority to the arrest and seizure
The office of Marshal gives him no additional
power, he might as well have been any other
man, as in assisting to carry out the purposes OF
the power of Attorney he acts as private citi.
zen. Not even the warrant from the high and
mighty Commissioner at Columbus, appointed
under this embodiment of all the enlightened
wisdom of the 10th century, the blind Fugitive
Slave Law, would be sufficient to take a fugi
tive without duly made out power of Attorney
any third person-Jennings alone has the pow
| er of arrestng the slave. But in fact, the
| Marshall Lowe made the arrest when Jennings
IL with the power of Attorney was miles away
No owner or agent can authorize and senC
away party to arrest a fugitive. The owner
or regularly constituted agent must either b
present or near enough to give orders If neces
sary, but this rule was 10y no means complle
re with in this case Mitchell, Davis and Lowe
4 la 4 folya
only ones engaged in the direct arrest on tn
road from Obern TO Wellington. To a certai
:, extent the officers of the lsw are agents of tn
persons at whose assistance the case is brougE
but still they are officers and cannot be regular
y constituted agents of such party. The Oil
Ger does not arrest the slave or criminal upo
a halves with the regular agent, lie must al
Ii rest and deliver over the whole person an
not half of him. The officer cannot therefor
hold an interest in the negro arrested. Tn
whole man must be awarded either to the CLAIM
ant or himself,
When at Wellington, and il was announced tn
the boy had been arrested as a fugitive slav
who is there who claims the ownership of u
slayel Nobody but Lowe, and Jennings ke
himself out of sight Low shows the wnrral
and he reads it. The power of Attorney il n
shown at all The warrant is the only pap
shown to the cowd as their authority, al
Lowe was put forth Us the legal Possessor OF {
boy.
But this boy John who was destined
the great Creator to q life Of slavery, ran OIL
direct violation of all the eternal principl
which bind this glorious Union together, th
IS, kicking his foot direct through the porcelain
the Union of this confederation. Jennin
came to Oberlin in search of John. lie 50
he has known him in Kentucky, and yet he h
10 send back to Kentucky for Mr.. Mitchell
identity the boy. Mitchell saw him but once
> Oberin and had never seen him before sin
he left Kentucky. Let it be borne IN mind tf
nj that time there existed in Oberlin great {
element in regard to the danger in which
colored citizens of the place were liVi
through fear of being kidnapped John eseap
: at the age of eighteen, when his personal a
pearance was changing every day, and yet y
man Mitchell recognized him from the wind
of Waok's tavern after nearly three years.
was copper eolored when he left Kentucl
hut black when he was found at Oberlin.
was feet 8 or 10 inches in Kentucky, but
feet or s inches in Oberlin. lie would wei
no pounds at Kentucky, but l35 or l4o
Oberlin. How do these points of diilereI
alIow the supposition of the identity Of tho ty
1. They claim that the boy frequently said hi
selfthat he was the slave of Bacon, but WI
hp said can only be used as the statements
anvbodv else could be, and not have any unt
I'd nr5minsnce. Mitchell says that az first JC
AN I'D not know him. but Gentlemen, when
riqht hand suspciousy approached his
side where revolver was carried, then 10
received a sudden enlightenment, like an Q
NAL of old, ofwhom whom We read, althoug
admit that JOHN was not quite an ass, and su
Iv Mitchell was not quite an angel. But
,nuoh of the declarations of John that ho '
ready 10 20 back was put into his mouth
thelwav to Wellington, we cannot show III
n, saw that he had lost his Bacon and wanted
90 back to the delightful realms of slavery.
But was it shown thatit was known at Ol
lin, that John was fugitive We claim
there il nothing in the color Of the boy OF
his residence at Oberlin, that would show
j. that he was free. There is no proof that
49, was known or talked of that John was a Il
}. tive either at Oberlin or Wellington on
- day. Tho issue of the warrant at Wellne
was for the arrest Of those who had unlawf
seized free man. There is no pretence
Jennings had any authority for taking the
Frank, whom he claims to have come TO o
lin i'm search Of and yet Wack swore that
told him he was there hunting negroes.
. CHere reviewed the manner Of the seizure
csk. the boy, through the assistance of shaksP
- Boynton, 'whose prociyity to evil so far
runs and outstrips total depravity that
doctrine would scarce keep in sight Of this il
lent demon.D
- r.aI H.