Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-04-15
CITY & NEWS ITEMS.
FRIDAY mORNING, APRIL rs, 1883
tRepOrted for the Leader
UNITED STATES COURT.
Trial Of the wellington slave Rescue Case.



CLEVELAND, April l4th, 1859.
Court convened at o o'clock, Judge Wilson
presiding The argument for the defence was
continued by Judge srALDINo
very pertinent inquiry was made of me
yesterday evening by the Court, if the Supreme
Court did not override and Overrule the ordi-
nance for the government of the Northwestern
territory, and l will now say that do know
that such decisions have been made, bat must
say little more on that point The very first
Congress which met after the establishment of
the Constitution, ratified and sustained that
ordinance. (Here he read from the Congress.
sional record of that Congress, by which the
ordinance referred 10 was ratified, and which
provides for the appointment Of the United
States officers in the Northwest Territory, by
the President, in which Congress all the ordi
nances Of the Confederation in reference TO
slavery, are re enocted)
l now claim that it was not true that at the
adoption of the Constitution, that it was the
sense of the country that slavery should be
perpetual. have endeavOred from the record
Of history to show that | am right ON this ques-
ton This clause establishing and uphoiding
slavery was not drafted by Washington, by JET
ierson or Pinckney, but was brought in as an
afterthought at the solicitation of tile members
from South Carolina The Constitution does
acknowledge slavery in the States where it was
already established, but did not contemplate
any spread oft into new States. 1t is true that
your Shareholders have the same right to come
into Ohio and take their fugitive slaves that
they would have to come lead back runaway
horse; but if resistance is made to the recap
ture, then they must sue those who would resist
the recovery of their slaves as they would do
i'll the case of other property. This idea that
special privileges must be given to shareholders
in the case of this special species of property,
was an after thought in the Constitution and
was not intended to be a part of the ground
work of government As has been truly said
this amendment of 1850 was to the act of 1898
as molten lead was to a mint julep.
have said that this act is unconstitutional in
several particulars, and it also in that it does
not allow to e citizen of Ohio who is taken as
a fugitive, the right of trial by Jury to ascer.
tain whether he is slave or not, This right
of trialby Jury was stoutly contended for at the
passage of this law, but was put down by the
tyrants plea of iRsrpedleRey. Ii was said by
Mr.. Mason at the passage of the act that they
dared not give to slaves the Jury trial, for ii
that was granted there would be but little hopes
of the stakeholder recovering his property.
In respect to the "Higher law" Mr. Jefler-
son has said that "all laws, in order to be re
spected, must be just, and although the Democ
racy has triumphed in these States, we must not
forget that there is minority whose rights we
must respect, and we must pass no laws which
will conflict with the conscience of the members
of that minority 1t is true that it may be dan
gerous and startling assertion to say that if the
governed feel that they have been oppressed by
the agents of the government, they have the
| right to disobey those laws and 90 according
to their own ideas of right and wrong, but
when remonstrance will not effect any change
for the better in the Courts and Judiciary, then
the thunder and the lightning will be sure to
| follow
The evidence in this case shows to us thai
John G. Bacon, of Kentucky, claims to hav,
owned slave called John. Now, gentlemen
of the Jury, If single link is wanting in tn,
chain of evidence which will establish cast
against the defendant then you must give th,
benefit of that want to the defendant
(Read from the Constitution granting to citi
zens of one State the rights of citizenship il
other States.) We do not seek to set free tn,
slaves who have really escaped from service
but wish we could do it. If could see tha
proud day when if slave set his foot on tn,
soil of Ohio, that moment the chains anC
shacSles would fall from his feet and he woul'
be free man,---if / could see that proud da,
would be ready to say Lord now let tn,
servant depart in peace, for mine eyes hav
seen thy salvation" (Appause) But in orde
to bring fugitive case under the law of 1856
il is necessary to establish the fact of owner
ship. Has this been done in this casel Baco
says John was born slave TO his father an
was left at his death TO the children, Of whor
there were six. Hence Bacon shows Eimse
to bo the one-sixth owner of the boy
| That mil 10 fIhh xUhO Riaiu11 Iln fI
gitive must be the owner entire. But has
been showed that John owed service to thes
heirs. Bacon says he did, but that is not on
ough, either according TO the Constitution q
the act of Congress They require it to b
shown that the fugitive owes service 'unde
the laws" of tha State from which he escapes.
Now it has not been proved that Kentucky is
slave State (although we may personally kno'
the fact,) nor that Bacon is the owner Of tn
boy according to the laws Of that State.
Again, il Is not claimed that Bacon cam
himself and took his slave, but sent Jennings
to whom he gave the power Of Attorney. Thi
power of Attorney is joint one from two me
for the arrest of the slave; but this very loOs
power which is not strictly according to tn
law, for the Clerk of Mason County Court say
he was not present and ne did not certify TO tn
acknowledgement, but that it was done by d.
puty Clerk. Now this Is mol according to til
law of 1885, for no Deputy can take an a.
acknowledgement when the law requires 1t TO |
done by the Clerk himself This then is fatal |
this power Of Attorney.
Tread from the law on this point, from d
eision Of Judge Mclean, and from Bar's deci
ION in a Pennsylvania case)
We find that on certain day the village
p Oberlin was entered by three or four unusu
visitors in quite an unusual manner. Oborli
has the character Of being strongly opposed
! any bondage OF human beings, and freely az
init that il is grand Asylum for all of God
creutiOn who come there and behave then
selves. The people Of the town are known .
being sternly religious,-so were the Round
heads of the time Of Oliver Cromwell, an,
armed with the Bible in one hand and the sabi
in the other, Liberty was achieved in Gre'
Britain, and it may come to tho battle for Free
dom in our country Slavery and Freedom al
in deadly antagOnism in this county, and on
must rule. Our country must be wholly slave
or wholly froemen, and ! say that we can bet
ter do without the Union than without our lib
critics; better an abrOgation of Union than Of ou
rights and liberties.
This man Jennings who is brought here Q
witness against citizen for doing what hl
conscience dictated, would do honor TO the bar
. ditd of Italy. He is a perfect Buffalo bull wit
his Arkansas toOth-pick. He comes with mar
acles, revolyers ana dirk 10 the peaceful yillag
of Oberlin. He came accompanied by anotht
, Kentuckian, by deputy Marshall from Colun
bus, and by the jaiior Of the county jail--th
' man who took one Of the indicted (Lineoln,) i
: the presence of his school and with chains an
, hand-cniis, thrust him into the dungeon Of III
i E-.,Ir1tu nnuntu Iail