Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-01-24
THE FUGITIVE SLAVE CASE.
LUCY REMANDED BACK TO VIRGINIA
Proceedings before the United States COm-
mksBioners

nssaes, on the part Of the respondent, the
case came up for decision on yesterday after
noon. l4
Court having been opened, Mr.. Barlow on
behalf of the claimants took testimony as fol-
lows: 400.
Mr.. J. H. Goshorn being sworn, said III
am turned 20 years Of age. My business
concerns real-estate and I sometimes do q
little brokers' business, live at Wheeling,
in Virginia, where the claimant, my SON, al
% lives and has lived since 1916. think
that he is 46 years old. He is engaged with
me in business. also know the respondent
and have known her since the 18th Of Janu
ary, 1859. / first knew her at Richmond
where bought her. (Bill of sale produced
and read by the Commissioned She was
my servant until gave her to my bon, which
was on Nov. 18th, 1857, and she has since
been his slave. On the evening Of Oct. Sd l
was at my sons house, and on the morn in g
of the 4th was told she had left, think
my sons wife was absent, but / saw three
daughters aged respectively about l9, II,
and 10 years. do not know where their
mother was On the next morning, alLJ
think, ware at home ; my son was not ct
home, but was supposed TO be in Minnesota.
identity the prisoner as the person deserib-
ed in that bill of sale. ts.frTyN
Col. 8. A. Abbey 81 am one of the deputy
marshals and assisted in the arrest of this
girl. l went with J. H. johnson, Lambe
White and the claimant, to Mr.. Benton's
house on Prospect street, where she was. Mr.
White and Mr.. johnson went to ring the
bell and / went to the side door. was fol-
lowed by Mr.. Goshorn We raped twice at
The door and the second time the girl came
she Immediately let fall again and made
some noise at the door and was, as 1 sup-
posed, unbolting it. Mr.. g. passed the win
dow and she had, supposed, recognized
him. Thinking the door unbolted, lifted the
latch and pressed my shoulder against it
somewhat, when it very readily came open.
Mr.. Goshorn went in and ! followed, and we
both went into Mr.. Beutcn's bedroom where
he girl had fed. We then took her and put
her into the carriage and the three others
drove of with her, while 1 walked down
town.
J. Hector Johuson-I am a deputy Mar
shall and assisted in the arrest and rode down
with the girl. After we had gone few
yards heard Mr.. Goshcrn ask her why she
had run of-and her answer was that she
had heard he was going to sell her.
Lambert White testified to the same con-
Versation.
The witnesses were not eross-questioned
and the case rested on the part Of claimant.
Judge spaulding then said:
May it please the Court-The time has ar
rived when feel myself in duty bound to
surrender my unfortunate client to the de-
mands of that law "whose tender mercies
are cruelties."
By your indulgence, Sir, full opportuni-
ty has been presented to me to procure testi-
mony that would enable me to vindicate this
woman's claim to personal freedom, even in
the eye of the Fugitive Enactment itself I
had strong hopes of finding such testimony,
but, Sir, after the most earnest efforts made
in that behalf by means of money freely
furnished by the good and humane Of Cleve-
land, am constrained to say that, according
to the law of slavery, the colored girl Lucy
does owe service to VIM. S. Goshorn. of vir-
ginia, and am quite satisfied from suudry
afidavits, that shall take the liberty to
read, and from other and more unerring ev-
idence, that she made her escape from such
ssrvice in Virginia at the time stated by .he
claimant
Nothing now remains that may impede
the performance of your painful duty, Sir,
unless be permitted to trespass little fur
ther upon your indulgence and say to this
mblage, eve are this day offering to the
majesty Of constitutional law homage that
takes with it virtual surrender ofthe finest
feelings of our nature; the vanquishing Of
many of our strietest resolutions the morti-
6eation of II freeman's pride, and, almost
said, the contravention of Christian's duty
10 his God.
While we do this, in the City of Cleveland,
in the Connecticut Western Reserve, and
permit this poor piece of humanity to be ta-
ken, FEAoEABLY, through our streets, and up
on our railways, back to che land of bondage,
viii not the frantic South stay its parrie:dsl
arm Will not our compromising Legislators
cry, 'Hold enoughP'
The affidavit of Isabella Goshorn, and
Amanda Virginia Goshorn, Mr.. and Mrs
Frazier, and - McCoombs, were then read
by Mr.. HOvey.
Mr.. Barlow said: must thank my learn.
ed friend for what, to me seems, the patriot.
ic course he has pursued. I must say, how.
ever, that this question before US does MOI
involve the right or wrong of slavery, and
do not understand that the constftutionality
Of the fugitive slave law is involved, nor th'
propriety of its provisions. The whole duty
Of the Court is to give force and vigor to thu
law as it is. In justice to the claimants,
will say that they are sctuated by no ner
cenary motives, nor do they come to haras
the prejudices Of the North their object il
simply to test whether our declamations o
being law abiding citizens are true, and art
really meant. Cleveland has come up Il
work manfully, and no citizen has laid
single straw in the way, and these gentle
men from Virginia thank you for ii, and
will satisfy them more than all else.
Mr.. Commissioner White, in giving hi
decision, remarked that the Constitution re
quires that persons held to service or labor
having escaped from slave ts free State
shall be given up. The law Of 1928 furnish
es means to enforce this, and the law O
1850 has given still greater facilities. Tn
only facts required to be known in order tina
a certificate shall be furnished are: 1st,
she a slaVe2 can assume that slavery ex
lists in Virgins, and that persons can b
held there, to service, and the proof is un
disputed that she is q slave. I'd, Did sh
escape2 This is admitted. Sd, Is Mr.. Go
shorn her owner7 This also is beyond ques
ton, and have only one course to take, ant
that is to grant the certificate. al
Marshal johnson then read from the stat
utes, concerning the duty Of Marshals, ant
the penalties in case such duty was not per
formed also the penalty imposed for inter
rupting the execution of the law. He sal,
that it was unnecessary to say that the mos
unpleasant dutyof his life devOlved upon hin