Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-05-11

great masses Of tho people have been nrrayed
in parties antugonistic to each other. and
often characterized by strong preiudioes and
bitter animosites. Hence Congressional
Legislation often becomes distasteful to por-
tion Of the people of the country. 1t is so at
the South with reference to laws enacted to
suppress the slave trade, and peculiarly so at
the North with reference to the fugitive slave
law Of 1850
Yet ours is representative Government
where the people themselves control its lepis-
lation, 1t is Indispensable to good order and
TO the well-being Of society, that constitution
al acts of Congress placed upon the statute
book, should command obedience, and tha
partizau feeling should cease and prejudice
be forgotten in the observance Of the law,
Courts and iuries especially are bound to
importially administer and enforce tho lairs.
and this sacred obligation is imposed with the
most solemn sanctions.
tbs the first duty of juror, who is sworn
to determine the guilt OF innocene of one
charged with crime to divest himself of anv
and all prejudice ho may have against the law
ITSELF or ofany paruality or i'll win he may
have towards the accused.
II is enough to know that the law alleged
to be broken is the law of the land, and that
the accused is presumed to be innocent until
his guilt is proved.
A jury that yields TO any other influences
than those legitimately produced by the law
and the testimony is recrcant to its trust, and
unworthy of occupying the seats Of twelve
honest men.
This caution is given, Gentlemen, not be-
cause it is feared that you will Intentionally
swerve from true and just line of duty, but
simply that you may guard and brace your
selves against any undue influences, while
considering and weighing the evidence in the
case
What then is the case you are sworn to try,
and what are the material facts necessary for
the Government to establish in order to work
conviction Of the Defendant
The indictment is prodicated upon the 9th
and 9TH sections of the Act of Congress ap
proved Sept 49, 1850. You have already lbe
come familiar with the provisions of this stat
ute and more minute reference to ihis law
is unnecessary.
This indictment contains two counts. The
second having been substantially abandoned
~ the Prosecutor, in certain contingency, it
IS only necessary to call your attention to the
first
The first count charges that the negro in
question was slave owing service to John
G. Bacon in Kentucky.
That said negro escaped from Kentucky
into the State OfOhio and was a fugitive frem
his owner that he was seized and held by
Andrew Jennings and his assistants in Ohio,
by virtue OF power Of attorney lawfully ex-
ecuted and acknowledged BY said Bacon, au-
thorizing the capture of the fugitive and
that the defendant acting with others at
Wellington in this district unlawfully, know
ingly and willingly rescued the slave from
Bacon's agent and attorney.
You will call to mind the evidence peril
nent to the first Of these allegations.
Is it proved that the negro John owed SER
vice to John G. Bacon in Kentucky
The existence of slavery in Kentucky, as
municipal regulation, is question of law
which belongs solely for the consideration of
the Court and for the purposes of this trial
you win regard slavery or involuntary SER
yitude as recognized and lawfully established
in that State
Whether the relation of master and slave
existed betweenIBaeon and thenegro John, is
question of fact TO be ascertained by the
jury, from the testimony. And this may be
established by the Government according TO
the same rule of evidence that obtains in 9TH
er contests about the right in personal prop
crty.
The general rule of law is, that the proof of
the actual possession of such property, ac-
companicd with tho claim Of ownership is
sufficient to establish the prima tacie rigM of
ownership. 1t is like any other question of
status of the relation Of one person to another,
which may be shown by the facts and
circumstances attending that relation ms
for instance that Of husband and
wife, parent and child, &c, II is not
necessary to trace the pedigree of this negro
through amaterial ancestry of slaves, nor is il
ytu IN b, .I,I.l
or o0ntract Of purchase or that the ownership
was acquired by inheritance. If Bacon exer-
cised, that control over him which is ordina-
rily done in Kentucky by a master over his
slave and if the negro had the usual marks
OF African descent and was held as u slave
and trented as such by his alleged masters,
the proof Of these facts, if uncontrndioted, es-
tabishes the allegation in the indictment
that the negro John was held to service as
the slave of John G. Bacon, under the laws of
the State Of Kentucky,
That this negro escaped into Ohio and was
n fugitive from Kentucky is not seriously
questioned
But it is objected by the counsel for the de-
fcndant, that thore is a fatal variance in the
proof from the allegation in the indictment,
as TO the time Of the escape, the allegation be.
ing that he left his master on the first Of
March 1857, and the proof showing his de-
barture from Kentucky to have been early in
January 1896.
This is not a descriptive ayerment, nor is
th0 lata nm essential ingredient in the crime
charged la baye been committed, to wit. the
unlawful rescue II ihe precise day Of II
fact be a necessary Ingredient in the offence,
it unquestonable must be truly stated BIT
when the fact is mere inducement to the Of
fence, iba time is mmaterial Such is the
case here. Aad hence it is sufficient to prove
the escape at any ting previous TO the actual
commission Of the offence charged IN the in
dictment.
il is ols0 objected that the power Of Atlor-
ney under which jennings acted was defcc-
tive in its execution and acknowledgement
and that tits consequently Toid.
II the power Of attorney which has been
produced ia evidence was lawfully executed
aud acknowledged in Kentucky where it was
made, il is valid and etieotual In Ohio to no
complish the purpose for which it was given |
1t is not essential to the.yaldity Of a power
Of attorney in Koatuoky that IL should be |
scaled by the party giving il, unless it was
executed for the purpose Of authorizing the |
conveyance or incumbrance of real estate, 0r
Of mixed property.
We are also satisfied that the acknowledge |
ment was valid in law. 1t is sufficient that |
appears to be taken before "A |
legal officer Of the Mason County Court, certi- |
fed TO be in due form Of law and authentca-
ted by the seal Of that Court. The Clerk, |
Cochran, was n legal officer Of that Court
BY virtue Of his Office he was authorized to |