Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1860-01-04
The Semi WeeEIy StaQeafo.
THE CONVICTION OF MYERS.

pu,,r,oI Myers who was kidnapped from Mary
land in June last mas been tr ed and convicted IN
tb Court of Quarter Sessions OF Cumberland Coda-.
~ ~ n Carlisle Pennsylvania, for ar"eStiog certaia
r,r1way negroes OF 'Warield aud Hoffman, OF TINS
State when duly authorized so to do
Sncb a statement will aStound most lawyers and
lions We shall briefly recapitulate the facts
roo an the trial and the law as laid down, under
which he was convicted. =.
I'm ,br tenth OF June last, Myers with three 9th
~ ci,;yrns of MARYLAND being duly authorized by
H,8man and Wa"tield went TO Cumberland Coua'y,
rec.n;ured these negroes, brought them to Freder-
III, apJ nlaced them in Jail where they now are at
the disposal of their masters on tue iftn juno
tbs sheriff of Cumberland County with another
,.r ,ne in to Carroll County, and there cOnSpired
+,,ather with the driver of the Stage from W est
n,%nSto, TO Littestown 10 decOy Myers across the
line into Pennsylvania
Tbrv carried out this plan. The Sage driv-
., mast MYERS house which is Mason's and
nvon's line into Pennsylvania, and stopped, when
the Stage driver held up pretended letter, which
h. called 10 MYERS to come and get. As soon as
Wrors did so the Sheriff leaped from the Stage on
b,n overpowered hnl, handcufsd him AMI carSed
bimo to Carlisle Jail where hclangui<hed until
released on Bail some weeks afterwards. The Gov
aroor of MARYLAND Was notified of these facts. bat
declined to demand the delivery up from the Gover
nor of PENNSYLVANIA, To appoint counsel TO defend
him When his case was called at the August Term,
counsel having gOne from this State TO assist in bs
defence the trial was pos, pOned on account OF the
absence of witnesses, The Governor then declined
to bpcome responsible for, or to furnish means TO"
the conveyance of Witnesses to testify in his behalf
short time prior the 4th inst, the dav OF trIa'
he did appoint oaFhan Meredith Esq, OF BATH
more TO appear at it for the Sfate of Maryland but
not to take any part in the deielce OF her citizen
Mve"s
The case came up 10 the 18th and was concluded
on the 18th inst by verdict of Gully. The pros
ecution was conducted for private prosecutors by
Judge Watts and A. B. Sharpe Esq, of Carlisle
wbre Mr. Meredith appeared for the State OF Mary
land and Wm h. Miller of Carlisle, and Brady
T. Johnson. of Frederick Maryland, for Myers. OH
er parties jointly indicted with him had procured
Judge Hepburn and Mr.. NewSham.
On the trial the facts first stated were admitted
or proved hv witnesses the Sheriff himself testify
ing as to the mode of capture. One negro was adj
med to be a slave and the prosecution as to KID
mapping him was abandoned The defence proved
that the other EegroeS belonged to Elizabeth War
field in her life time, who had died and manuntted
them by Will, that by the Laws of Maryland ne
grOeS manumItted by VIII may be sold by order OF
the Orphans Court if ntceSsary to pay debts and
produced the order of thu Orphans Court for Fred
erick County ordering Ehe Executor 10 sell the Il
for payment of debts lhey also produced the In.
ventOry of Wartelds est4tc showing properly only
to the amount of some Ninety dollars exclusive o
manumittea negroes, and the list of debis passed
the Orphans Court to the amount Of Sl!00. They
further proved that the trOeS lived the agent
OF the Executor with thSr husband and father
HOHmanS negro, that aiull the passage of the Or
der of Sale by the Orpha1i Court, the woman bad
requested the witness TO btI the child, and give he
money to buy herselt-alSd that shortly after Sht
ran oil, was taken by N yerS and party back &c
Maryland and restored to ber owner in the Jail O
Frederick County. They proved also powers o
Attorney to retake them fItm Hoffman and War
field to Myers
1t was admitted that under the Constitution o
the United States, a master d bis agent had righ
to :eta6e his fugitive slave wherever found in tin
States or Territories if done without breach of III
peace and convey him without warrant or any .ega
process. This was expressly decided in the case o
Prlgg cs. the Commonwealth of Pa
The prosecutor then asked The Court to instruc
tue Jury, Ia effect that it wis competent for to
0ourt and jury to inquire inp the tile by whic
"arhed held the negroes and that if they wer
manumltted which was adm ltted, and suffered t
20 at large then they We're entitled to t1eir freedom
IN MARYLAND and consequently being free in Penn
SyiVana the Defendant must lie convicted Nj
Meredith here ln;erfered. stting that be took II
part III the trial except TO protest in the name of tn
State OF Maryland against the Jurisdiction of tn
'Purt to try the question whether the negroes wer
Htte t%S"ea 10 their freedom IN Maryland lie argue
tlat the only question to be it0uired into by th
.ou!t % anu Jury was, whether they were held {
%rr"ce' That the Constitution of the Unite
states save every man right 10 CAPTURE and tax
t pecA with HIM, every person SHELL to serUice"
nun nun Who Runaway, and that no Court could Que.
@ nof the legality Of that "h0LIbg' unless in tn
'GIe m where the "hOlding" existed
lie therefore placed before thel Court the Protes
Of the State which he reprcsehted not being ,
counsel for the Defendant.
Inc counsel for Myers, then trued to the Cour
.uat the question which the Cdlrt and jury ws
10 Try was the tact" whether the negrot
md hetd to serCice" in Maryland or not
anu that it had right to investigate the leoalit
Of such "hOldina" That the LTGI r;n6t to fre
ION could only be tried in tn, Gourt of the Stat
To'rt mere such holding existed and that no Stat
sloras could thus try the question of freedom (
60 existing IN another State master or h
having the right to take a. . fugitive from h
liJnse, Such master could nOt 5e punished as
t'onrt 6S H. It exercising that right, because IL
If bis Iue otate chose to inquire into the legali
that Lo e L u the fugitive taken, and to deciC
CoD.4Nd ne had no right to hold him That if such
nniT6oat:oh was tolerated, it would be a vrtu
for no ol the Constitution of the United State
and tbar @ would ever re-capturea fugitive slay
Ding if M, Ste FISK OF being convicted of kidna
that tho sla0o I'm jury should think fit to deci
titled to b;S G. Ken was not legally his, but was
fsaJ, 70 MS ireeuon. 1t was urgci that the title
tr;aJ I'm ln vi every State in the rnion couId Tins
m,Sto1 ilaeraliy by Northern Juri,s nrovided thu
tbo' could be caught in Northern state m
for h.. Ec could prove that he had held the slo
fora ms lie tune, and his Father heId the mother
granlmotESs Se. n tne prosecutor colld show that
it wonIJ Lo Vi tae slave re-captu1 ID was free tn
clqioeJ m o,S eueu @ that her descc ldant, the neg
'"Aen back was free, and the mast