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A Slave Case

A Slave Case image
Parent Issue
Day
23
Month
December
Year
1844
Copyright
Public Domain
OCR Text

A good deal of interest has heen excited for a week past, in retatiorvto a ejuestion in volving the right of citizens of Slave States to arrest fugitives in the N. W. Territoryv and the Stntes formed of the sanie, whick has been pending in the U. S. Court, during it reernt sessjon in this city. The case in (self ia ore of great importance, and the conition of the public mind at the presewt time, eryrs to increase the interest with which it vouli at all times be regarded. We are inebted fo Hon. John H. Braplby for the following eurtimary of the points in queion: Singleion Vatighn, ) In the Circuit Court ovs. the U. S., for the Dis't. )avifl M. Anthony. ) of Indiana, Nov. term. Thïs ia on act ion of debt brought by thft plaintiff, to recover tbO penolty of 000, asessedby tlie act of Congress, of 1793, for obstructing the pl.iintiff, and preven ting hini rora arrestïng three fugitive slaves cloimed )y him.The declaration states in substance, that he pfnmtiff is a citizen and resident of Af isouri; that some seven years ugo his slavea scaped from him and carne to Hamilton couny, Indiana. That last cpring be obtained a varrant for their arrest from an officer of iamillon county.and proceeded to arrest them, and that the defendsnt jnterfcred and prevented him in obtaining them. The defendant demurred to the deciaratïon, and assigned for the groundof hia demurrerThat by the 7th article of the compact, be tween the United States and the people of theNorth West Territory, the right of ptirsuing and reclaiming fugilives Jrom labor, is only given to the citizens of the original Slatcs That Missouri, is not an original State, nor within the raeaning of that article. That the compact being declared unalter ble forever, neither the constitution of tha Union, nor any act of Congress caa nfEect it. That the act of Congress 1793, made som six years after the compact, interferís with and viólate s it, and is an assutnption of power, over a resident of a State, without authority. That by the laws of Indiana mor within her territory is prima facie free,. and that the laws of another State canoot mak such resident a slave.That though any one of the ck izens of any original State may claim his fug-itive sluve u Indiana, yet no citize of a new State can. That the only conditions by whieh the piaint'nT, being a citizen of a new State can holii his slavee, are, first, that he lawfully acquired themin the State of Misstmri, and eecoudly that he keepa tiiem there, or withoot th bouadaries of he North West Territory. The canse is continued ob demurrer until the next term of the court. For PluintiSJ Wiek and Barbour, and Smith. For Defendan, VV. Quark and Joba H. liradley.

Article

Subjects
Signal of Liberty
Old News