Reclamation of Fugitives from Service: An Argument for the Defendant, Submitted to the Supreme Court of the United States, at the December Term, 1846, in the Case of Wharton Jones Vs. John Vanzandt
R.P. Donogh & Company, 1847 - 108 páginas
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act of Congress aforesaid agent allegation Andrew applied articles of compact Articles of Confederation assertion authority averment Boone County charge citizens claim claimant clause common law consent consti construction construed contrary decision declaration defendant duty enforce escaping servants established facts favor fendant force fugitive from labor fugitive servant fugitives from service Hamilton County harboring or concealing held to labor held to service indictment intended judge judgment Justice Story Kentucky knowingly and willingly laws thereof legislation Legislature liberty magistrate master ment object obstruct or hinder obstruction or hindrance offence of harboring Ohio opinion ordinance of 1787 party penal statute penalty person harbored person held plaintiff principles prohibited proof provision questions relating to fugitives repugnant rescue right of recaption rule sanction second count seize or arrest seizure service or labor slaveholding slavery sufficient Tennessee territory tion tution union United verdict word harbor words after notice
Página 18 - The rule that penal laws are to be construed strictly is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals, and on the plain principle that the power of punishment is vested in the legislative, and not in the judicial, department.
Página 66 - There shall be neither slavery nor involuntary servitude in the said territory otherwise than in the punishment of crimes, whereof the party shall have been duly convicted; Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.
Página 64 - An act to provide for the government of the territory Northwest of the river Ohio...
Página 76 - That we will neither import, nor purchase any slave imported after the first day of December next; after which time we will wholly discontinue the slave trade, and will neither be concerned in it ourselves nor will we hire our vessels, nor sell our commodities or manufactures to those who are concerned in it.
Página 8 - An act respecting fugitives from justice, and persons escaping from the service of their masters...
Página 11 - ... empowered to seize or arrest such fugitive from labor, and to take him or her before any judge of the Circuit or District Courts of the United States, residing or being within the state, or before any magistrate of a county, city, or town corporate, wherein such seizure or arrest shall be made...
Página 40 - If any person bound to service or labor in any of the United States, shall escape into another State, he or she shall not be discharged from such service or labor, in consequence of any regulations subsisting in the State to which they escape, but shall be delivered up to the person justly claiming their service or labor,
Página 61 - That the following articles shall be considered as articles of compact between the original states, and the people and states, in the said territory, and forever remain unalterable, unless by common consent, to wit: ARTICLE I.
Página 77 - No instance has heretofore occurred, nor can any instance be expected hereafter to occur, in which the unadulterated forms of republican government can pretend to so fair an opportunity of justifying themselves by their fruits. In this view, the citizens of the United States are responsible for the greatest trust ever confided to a political society.