Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-07-07

esting document at this time. especially To Ken
lucky slave catchers and their Ohio U. s. Of
fetal hounds. The people ofthe Reserve should
read it, and be ready to enforce the wholesom,
provisions Of our State law, in all cases Wher,
the halter spares the men thieves who dare e
pollute our free soil in search Of men and women
fleeing from bondage
Messrs Jennings, Mitchell, Lowe and Dsyi,
know what the "terror of the law" is, and va
trust they have gone home bettor as well as
wiser men. They are no doubt thankful for their
narrow escape from "dong the State service, F."
and that the forbearance of the people they
have wantonly and 80 wickelly outraged aud
pe'srcuted, is in striking contrast With the pop
ular administration of justice in Kentucky
Should they ever venture upon man hunt on
shares at Oberlin again, they had better bring
along Kentucky hemp in addition to six shoot
srs bowie knives, and slave-eofies.
The Charge of Judge Carpenter is as follows:
GentlemGH Of N Grand JarV.-Your Pros.
ecuting Attorney, as a very pertinent part of
his duty, has requested me to call your atten
ton to the acts to prevent kidnapping. There
is statute against kidnapping white persons.
Its provisions are plain and need only men.
ton it.
The Statute passed April 18th, 1857. Sec
makes it an indictabIe niisdemeanor. TO arrest
and imprison or kidnap, or decoy out of this
| State, any free black or mnlstto person, within
this State; or TO attempt TO kdnap or forcibly or
fraudulently carry of or decoy out of this State.
any such free black or mulatto with the inten.
ton OF having such person carried ont of this
State, unless in pursuance of the laws thereof
II also, (Sec p makes it an indictable misIe
meanor, to kidnap or forcibly or frauiulently
carry off or decoy out of this State anv black or
mulatto, within this State, claimed as a fugitive
from service orlabor; or, to attempt to kidnap or
torcibly OF fraudulently carry of or decoy out
OF this State, any such black or mulatto. with
out first taking such black or mulatto before
the court, judge or commissioner of the proper
circuit district OF county having jurisdiction.
according to the laws OF the United States i'm
cases OF persons held TO service or labor in any
State, escaping into this State and there. ac.
cording to the laws of the United States, estab
fishing by proof the claimants property in such
person.
1t will be seen that this statute contcmpIates
two classes Of blacks and mulattoes, the free
and the not free:-that the first section provides
for the protection of free blacks and mulattoes.
and that the second section provides, first, for
the security of the public peace against all pro-
vocation to break it in revenge, or prevention
of any abduction from this State of any black
or mulatto not yet legally proved TO bo slave
- and, secondly, for the protection of all free
blacks and mulqtoes in this State. against the
hopelessness OF proving their freedom, in anoth
or State where complexion is presumptiye of
their legal enslavemeDt,- and against the hone
lessness of any immunity so them from force
in state where the legal status claimed against
them, has its origin and maintenance not in the
law nature, but in force aloac
The misdemeanor here defined, then, is the
claiming Of any black or mulalto within Ohio,
whether free or not free, TO be fugitive from
service or labor, and the getting, or attempting
to get him out of Ohio before such claim has
been legally proved, with intent TO enforce such
claim. The gist Of the offence 10 the getting, or
attempting TO get him out Of the State before
he is proved to be a fugitive slave, with intendt
10 hold him as such.
The Constitution Of Ohio inhbits slavery. and
regards all persons free except criminals
No doubt, however, the Legislative inteudmept
Of the second section of this statute refers TO
slavery as the condition Of certain persons in
other States, and as the possible condition of
such persons in Ohio, for the purpose of recap
ton and return only, in case of their escape
This, being criminal statute, must be con
strued somewhat strictly against the State =
Passing over the question, then, (n~on which
much might be pertinently and strongly said)
whether any person in Ohio, not charged with
crime, can be legally otherwise than free, we
must give to any one indicted under this statute
the benefits of this strict construction
But this statute recognizing the possibility
oi nnding fugitive IN Ohio liable to be seized
and returned into slavery, il may become i'm
PortAnt in your inquest, to know when there
arises legal presumption Of this liability, and
what are the legal presumptiOns to the contra
ry.
Who, then is presumed TO be freel Eyerv.
body. Every man, woman and child in Ohio
of whatever BIRTH descent, parentape. eomnIeY'
ton or conformation, is presumed Ia law to be
free. Whoever interieres with this freedom is
Presumed to do 1t in violation oflaw Whoever
is charged with such interference must deny
the charge or show his authority for the inter
ference or be held guilty. Ifthe interference Is
proved against him, the legal presumption then
is, that he has violated the law; and il deyolyes
on him 70 show his right to interfere.
lt would not schange this presumption, TO
show that the prisoner had been a slave in a
slave state, and stop there. For, giving to the
Constitution OF the United States the loosest
slavery.
which has ever been given it by any authorita-
tive decision, the only possible case of LEGAL
liability TO be arrested and returned into slave
~ from within the boundary Of Ohio, is that OF
fugitive slave escaping out Of a slave State in-
To OHIO. lie must come into Ohio In the ACT of
escaplng-a fugitive,-and this fugitive cbarac.
ter must belong TO him at the moment be snleTs
the confines Of Ohio, or be leaves the status a.
3 slave whore he leaves the slave State. Forbv
the decisions Of all civilized nations slavery 4
against natural rights, and can exist only by
positive law This, until very recently, has
been the authoritative doctrine of our alavs-
holding States as well as Of ell others Slave.
ry, then, being against the law Of nature. and
existing only by positive local law. il IL clear
that this positive, local law cannot extend be-.
yond the jurisdiction Of the power which makes
It, II is equally clear, that the right Of this
local law 10 hold a slave cannot 90 farther than
this law can go ITSELF that the slave, having
natural right TO freedom, and being held a ssye
only by local law which violates that rigbt.
the moment he is beyondthe arm Of that local
law, his natural right to freedom, resumes its
empire. The instant, therefore, the slave, by
any means not as a iul tive, CTosses our boun-
dary, he Is baptized in the air Of freedom; and
that baptism is irFeyocable
The law Of Kentucky cannot of itself ranch
into Ohio The Constitution of tbe limited
States, according TO the construction adopted
by this statute, extends the slave law of Ken.
tucky into Ohio, for the sole purpose Of recap.
tion and return in Of the slave 5 eseape into
Ohio, aud only in such ease--and, that too. with
such executOTy notifications as the State Of
Ohio has found it prudent to enact for the safe
guard Of its own citizens. But, that A is ad-
mitted to have been q slave yesterday in Ken
tuoky and is found TO day in Ohio, raises no
uraenuautfar fh.t ho .av,, IA. nLfl