Opening Speech of John W. Ashmead, United States District Attorney, in the Case of the United States Vs. Castner Hanway, Indicted for Treason
B. Mifflin, 1852 - 24 páginas
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adopt already answer appeared arrest asked attempt attention authority bill called carried Castner Hanway cause character charge Christiana citizens committed Compromise Congress Constitution counsel course Court crime defendant determine District District Attorney duty Edward Gorsuch entitled escape established evidence examination execution exist facts force friends fugitive give Gorsuch guilty hands Hanway heard held hope important indictment intent interest issued John Judge Jury justice Kline known labor Lancaster late legislation levying Lewis Marshal matter means measure ment morning negroes never North object offence officer opening Parker's house party passed peace Pennsylvania persons Philadelphia prevent prisoner prosecution prove provision question regard remarks render resided resist respecting returned September short slavery slaves South Southern taken territory testimony tion treason trial Union United whole witnesses
Página 66 - That the provisions of an act entitled "an act respecting fugitives from justice, and persons escaping from the service of their masters...
Página 75 - Tenitory, that the person so seized or arrested, doth, under the laws of the State or Territory from which he or she fled, owe service or labor to the person claiming him or her, it shall be the duty of such Judge or Magistrate to give a certificate thereof to such claimant, his agent or attorney? which shall be sufficient warrant for removing the said fugitive from labor to the State or Territory from which he or she fled.
Página 49 - It is a technical term. It is used in a very old statute of that country whose language is our language, and whose laws form the substratum of our laws. It is scarcely conceivable that the term was not employed by the framers of our constitution in the sense which had been affixed to it by those from whom we borrowed it.
Página 76 - Maryland, a special act was passed, entitled an act " to give effect to the provisions of the constitution of the United States, relative to fugitives from labor, for the protection of free people of color, and to prevent kidnapping.
Página 4 - The Pennsylvania Society for Promoting the Abolition of Slavery, and for the Relief of Free Negroes Unlawfully held in Bondage, and for Improving the Condition of the African Race," incorporated by Act of Assembly passed the 8th day of December, AD 1789, of which Dr.
Página 7 - It shall be their duty, as soon as may be, to pass such laws as may be necessary, First. To prevent free negroes and mulattoes from coming to and settling in this state under any pretext whatsoever ; and, Second.
Página 75 - ... as aforesaid, shall, for either of the said offences, forfeit and pay the sum of five hundred dollars. Which penalty may be recovered by and for the benefit of such claimant, by action of debt, in any court proper to try the same ; saving moreover to the person claiming such labour or service, his right of action for or on account of the said injuries or either of them.
Página 75 - ... rescue such fugitive from such claimant, his agent or attorney, when so arrested pursuant to the authority herein given or declared, or shall harbor or conceal euch person after notice that he or she was a fugitive from labor as aforesaid, shall, for either of the said offences, forfeit and pay the sum of five hundred dollars.
Página 49 - Since the adoption of the constitution but few cases of indictment for treason have occurred, and most of them not many years afterwards. Many of the English cases, then considered good law and quoted by the best text writers as authorities, have since been discredited, if not overruled, in that country. The better opinion there at present seems to be, that the term