Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-11-22
THd CHARGE OF JUDGE ALLEN IN THE
KIDNAPPING CASE.


of the general character, though alleged TO have
been done in different manner and aganst different
/ provisions charges the de-
PENDANTS with taking Columbus Jones and transport
ing him to Norfolk with view to his being further trans
ported 10 Florida for the purpose of being pacerm
vtudc there and that this was by force and against the
will of Columbus Jones This count is framed upon CHI
Us the Revised Statutes of the Commonwealth which
makes such that the iorcihle taking of person
and removing him beyond the limits of this state for the
purpose of being placed in servitude an offence punisha
ape sSe0na to O sarr G
the It'll section which chapter (Which has already been
read to YOU provides that
'If any person shall from the limits of this
Commonwealth, or shall assist in removing therefron
shall come into the Commonwealth with the Intention of
removing or OF assisting in removing therefrom or shall
procure assist in procuring 10 be removed,
being in the peace thereof who Is not held to service
or labor by the party making claim or who has not
vice labor is not due the party making claim
within the meaning those words in the Constitution of
the United the pretence that such is
held has escaped that his service labor is
G' sh all be- pan 81 by than
thousand nor more than five Thousand a. dollars ana by
more than five years.
The third count of the Indictment will not at this
ment comment upon Your attention viii be directed to
against the defendants, and the question for Your consd
offences charged in this Indictment. To the
dctment against the defendants it is that the
commonwealth should prove all the material tacts-the
commission OF the offence, and that the offence
United within the limits of the county; for the ndct
ment alleges that the crime was committed within the
limits OF the town of Bastable and then (which more
important to the under consideration within the
limits OF the county of Barnstabe and it is Incumbent
upon the government to prove all these factsthat the
Revised Statutes or the provisions the 1855 one
or both and that has been committed within tile Jurls
Gentlemen the facts upon which you are to pass
not numerous The questions to be decided By you
are few, Notwithstanding much time has been occupied
nthe examination OF witnesses and the consideration OF
questions law have been disposed OF by the court;
there remain however some questions of fact for your
consideration. Let say, gentlemen, that, empanneed
will be governed by the laws OF the commonwealth i'll
returning verdict well in the consideration of
this CASE and the question for you to consider will be
whether an offence has been committed against the laws
olthe commonwealth AS TO the more general SUBJECTS
which have been introduced here in the Of the
gument on the one side or the other, they will not it
seems TO me, properly occupy your time 1ouarc not
called upon 10 consider what your general duties
citizens of the United States when sitting here as jurors
very proper inquiry at other times, and in regard TO
your general relations citizens of the United States
by you, empanneed as you are to try this cause Noris
the general question of slavery the United States its
history the history OF the foundation the Consttu
ton subjects which particularly come before you for
the trainers of the constitution, what their views in
regard to slavery what has been the history of slavery,
from that time to this what has been the legislation Of
the several satesthese subjects for the civilian,
subjects for the citizen consider, but important in
men, have undertaken settle this question, far
relates to the law under which you act In view Of the
eminent, and of their relations to the government of
Massachusetts, also the legislature has fit to enact
the laws which you find upon our statute book
Itmay possibly be that the legislature have erred,
though believe is not suggested here that than
one Of these laws to wit the law of lS55 unconstu
Of any Court sitting alone, to determine such questions,
against the authority of the legislature and against the
validity of the Acts of the Commonwealth 1t is the
highest and most solemn duty perhaps which court of
law can PERFORM to render null and void the legislation
Of stae and the ordinary perhaps the universal
OF proceedings up to this time has BEEN when questions
sideraton of the whole supreme Court that there may
be union of mind and thought and argument upon the
subject and that law OF the state is to be declared
Unconstitutional that declaration may come with the
weight Of the highest judicial authority acting with the
utmost deliberations and with every OF coming to
correct conclusion Therefore, gentlemen in this case
although the question has been presented by the counsel
ot the defendants very properly in regard TO the const
tutonaity OF this enactment yet presume the counsel
did not present with the expectation thai it would be
finally disposed of here, but rather that it should be
served for their benefit that they might avail themselves
that the disposition which the of
-no that it has been finally decided against these de-
PENDANTS if there is weight in their objection but that it
shall be considered at another time and in another place
all but you will receive this law for the present purpose
as the law under which acting and your verdict
present. certainly, that the legislature have
cended their rights or the rights of the people of Massa
chusets in relation to the general government in any
other respect but that the law is such as they had the
Assuming that to be so, then, gentlemen look at the
facts in this case And here am happy to say that there
is not much controversy if any, between the parties
the one side and the other and their counsel in regard to
the facts There is not that amount of contradictory evil
dence which we usually find in trials of this length and
especially of this importance The evidence itself is
garded in different lights different construction is put
evidence here offered the side and the other does
not very essentially differ
The first inquiry is whether these defendants did
move from this commonwealth, and from the county of
taken to serviiude one Columbus Jones' the Individual
named i'll that Indictment? The government have offered
Jones being in the harbor of Hyanns board
there and being taken from that vessel another and
IN the vessel to which he was removed being carried to
Norfolk and there is evidence in the tending
SHOW that he was carried to servtude You will judge,
tween the counsel when they to argue the matter
upon the evidenceyou will judge whether these facts
are established: that the defendants Capt oran-
do coming from Pensacola on his passage home found
Columbus Jones on board his vessel brought him to Hy
anis harbOr and afterwards, i'll connection with the
other individuals named in the Indictment caused him
r1ed to Norfolk and carried back into servitude. You
Will say whether the evidence establishes these facts to
your satisfaction and whether the evidence shows you
that the other detenda ITS acting in cooperation
with, and aiding and assisting Captain Orlando in the
compishmen Of his objectSwhether they were all en-
gagged in removing Jones in this manner from the state of
Massachusetts, from Hyannis harbor Virginia. thence
to be carried into seIvitude.
There is strenuous denial of the facts, that 1 am
aware Of on the part of the defendants While they
qre the government to prove the general facts in rea-
ton to Columbus coming here the interviews that took
place between the defendants, and the result in his
moyal on board the Elizabeth B. to Norfolk Va the
PENDANTS lay the greatest stress their defence upon
other considerations. Gentlemen, you satisfied
that these acts were performed by the defendants
either OF them, why them you will proceed no further
you will not trouble yourselves with any further inquiry;
if you find, in respect to any of the defendants that
seryude will not trouble yourselves those
individuals concerned with any further inquiry
acquit them of the charge But il you satisfied that
they did remove this from the state of Massachusetts
to the state of Virginia. in the manner esfied-hat he
handcuied, carried by force and delivered in Nor
folk for the purpose of being carried into restored
slavery then, gentlemen, 30 further, and you will
look further necessary to be proved by the
government and inquire if the government has establish
ed the fact that these acts were committed within the
limits of the county of Barnstable.
The indictment alleges that these acts all done
within the limits OF the county OF Barnsabe and this
court has its session here at this time for the purpose
trying persons for crimes committed within the limits of
the county OF Barnstabe II is incumbent upon the gov
ernment therefore, to establish that additional facts
although they should satisfy you that the ofremovng
Jones was DONE and done in disregard and in violation
the act OF s5 or OF the provision of the Revised Statutes
before referred 10, if you believe them guilty of the of
fence, STILL If it was moi committed within the limits of
the county OF Barnsab then the has failed
TO maintain this indictment.
Now, it has hec,m question of interest and some
what OF novelty to determine what are the limits of the
law OF the colony passed early l6i5 think estab-
fishing countless or recognizing them. This is the first
they are recognized i'll law although perhaps they ex-
listed before Among Others is ordered that the towns
tain villages, shall be called the county of Barstablc of
which Barnstable shall be the county town Ard it is,
perhaps somewhat remarkable that there is no escrp-
ton to be found as far we have been able
@ Sgf no doubt The for the has
questions involved in this trial. and his duty required
to what are the limits of the county of Barnstabe
there described From that time forward it does not an
pear that any law has been passed. either by colonial
or state legislature defining the limits counties The
Revised Statutes simply conform to existing limits but
do not define what they Ii is somewhat remarkable
fact that inquiries which bring up the question of the
limits OF territories that border upon the water rare
that the legislature has defined with more care the
limits OF counties In other states, in modern
times the limits of counties have been detined l be-
eNe one instance has been referred TO in the
this trial; but itmay be that coming the
ce Of the legislature of this state showing the necessity
and Importance Of establishing the limits of counties, il
has been omitted to be done,
dicon ola county? The vessel on board of which il is
said Jones was was in the harbor of Hyanns and be
harbor, TERMINATED bv Point Cannon on one side and
In fafn ,t.