Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-04-16

UNITED sTATEs OOURT
1rlaI of lhe wslIlnglen IsIave LIlesene 80.


ton, was there a rescue of a legally arrested
fugitive, aud was Bushnell engaged in such
rescue IL was objected that the power of At.
torney did not bear the seal Of the parties -
Now no seal was necessary 10 render the paper
a legal one. II was also held that the paper
was an illegal one because signed by a Deputy
CLERK Of Mason county, Ky. Now by common
law it is necessary if Deputy signs paper,
for him 70 sign It. not with his own name, but
with that Of his principal, and then his act be-
comes the act Of his principal and not Of him
self. The Deputy is allowed by Kentucky
laws to sign the name Of his principal TO legal
papers, and think il has been decided in this
Circuit Court Of Ohio, that il is not necessary
for the Deputy 10 Sign his own name, but sim.
ply that Of the principal The Clerk, (Cochran)
says that his Deputy has right to sign the
name Of his principal, then assume that this
power Of Attorney was amply sufficient author
ity for Jennings TO act upon. Tho defence say
that no seizure vas made by Jennings himself,
but by Lowe on the authority of warrant; aud
that warrant an illegal one. Now Jennings
having the power of Attorney, could, under the
Fugitive Slave Law, direct and call upon any
citizen of Oberlin 10 aid and assist him 60 make
the arrest, and he could direct the work 10 be
done, though he was not present Read from
tho laws He called upon these persons to
assist him, and according TO this law they were
required TO do so. Much has been said about
the deceit and fraud that were used in obt,in-
ing possession Of the boy. II Jennings was
fearful of opposition in the peacable carrying
out of his lawful purposes, he had perfect
right to resort TO strategem. The only breach of
the peace shown to have been committed on that
day, was by the negro who snapped his pistol
in the house at Wellington.
These gentlemen have stigmatized Jennings
as a Buffalo Bull" "bandit," "brigand,"
"pirate," but would to God that more of these
Oberln saints were as faithful and consistent
members of christian church as Anderson
Jennings. lSensation.l This audience may
hiss like vipers, but such is the fact notwih.
standing the assertion of one Of these gentle
men that he is "buifalo bull" and the other
that he is "greasy kentucky hound" [Not
either of these were sarcastic enough to call him
a christian. Mr.. Backus
But Bushnell went to Wellington for the pur
pose Of rescuing the fugitive slave This we
see from the evidence of those who saw him
at Oberlin and wellington, and OH the road be-
tween the two points. Many man has been
hung upon less proof than is brought against
Bushnell on this charge, for it's shown by num-
erous witnesses that he both knew and talked
of getting out warrant for the arrest "of these
fellows who have got that fugitive slave" and
that he drove off with the boy, crying that it
was "all right" Reviewed the circumstances
of the arrest and rescue.
! l have occupied your time longer than pro-
posed gentlemen, and shall be happy to leave
the case But have attempted to carefully
examine the testimony and to weigh the matter
calmly and dispassionately. To you, Gentle
men of the Jury, is left the finding of the yer
dict, and if you decide, not upon the undue in-
fiuepce which has been brought to bear upon
| Hvtf ho ..Ft l.. ~
cast sneers upon the prosecution and endeavor
ed to prevent and supplant true verdict but
according to the true and competent evidence
then / leave the matter in your hands feeling
confident ofadeeision in support Of the Consti
tuition and law.
The arguments having been closed, the Jury
was charged by the Court as follows
CHARGE or THE COURT.
There is preliminary matter i'm this case
(and with which the Jury have nothing to do
that should be noticed before entering upon tn,
consideration of the principles Of law, which
arG applicable to the issue Of fact to be tried by
the Jury.
A motion was made by the defendant to quasi
the Indictment, which motion without argu
met of counsel, or reasons expressed by thl
Court was overrued, with the understanding
however, that if at any time the grounds of tn
motion should be deemed to be we'll founded
the case would be withdrawn from the Jury.
In this motion to quash, the assigned cause
are
lst That the indictment is found and pre-
sented for an alleged violation of an act q
Congress, which act is unconstitutional an
- void.
D ID. That the pretended Grand Jury whic
found said indictment was not legally empau
q nelled, but were selected and empannelled cor
) trnry to law.
3D. That said indictment is defective, inlol
NAL and insufficient in law.
4th That it does not appear in said indic
c ment, that said negro John was legally held
5 service, or that he was held to service und'
y tho laws of Kentucky or any other State or Te
d rtory.
9th. That it does not appear that the defen
ant knew him to be held under or by virtue
o any law, nor that the defendant knew him to
!, lawfully held TO service.
- The % Section of the 4th article of the Co
~ stitution of the United States declares that ~
person held TO service or labor in any State III
der the laws thereof escaping into anothC
le shall in consequence of any law or REGULATE,
therein, be discharged from such service
L. labor but shall be delivered up on claim
10 the party TO whom such service or labor may
is due"
y This provision of tho Constitution is POI
~ tive and unqualified recognition of tho right
4. the owner in his slave, unaffected by any Sta
= Constitution or any State laws whatever II
Of a right of property, and like tho ownership
IN any other species of property, it implies t
l' right Of seizure and reception. In case OF I
ID cape, the status of the slave in relation 10 l
u owner cannot be changed by or in any W
3. qualified, regulated OF controlled by the laws
{. the State to which the slave fees. Hence
D. the incidents of the right Of property in t
a. owner attaches. Under and in virtue Of I
a Constitution che is clothed (said Judge Stol
Y with entire authority, in every State ia
II y Union, to seize and recapture bis slave, wht
"a - ever ho can do it without any breach Of I
at peace, or any illegal violence"
st, This clause of the Constitution does not st
r with mere declaration of tho right in
, l owner 1t also implies guaranty, on the p
% Of the national government to provide
5lI mode and secure the means TO make the rig
~ y. available 1t says "the slave shall be deliver
up on claim Of the party TO whom such sery
ne or labor may be due
*; This imposes a specific duty upon the natl,
To- al governments and "when duty is enjoin
ith the power and ability TO perform il is conte
N. plated TO exist on the part Of the iunotionsr
'Gs TO whom it is intrusted.'
,,s Accordingly in pursuance Of the plain
do quremepts Of the national compact, CongT
has passed two laws providing for the rec
set ton Of fugitives from labor. One is the act
ion February l2, 1898. and the other that Of
use tonber Is, 1850.
es' Both Of these laws have been tho subject
VS. judicial exposition and Interpretation by the
SS preme Court Of the United States; the fon
i / in the case of Prgg vs. the Commonwealth
EN- Pennsylvania, Is Peters r. $780, and the 10