Western Sun & General Advertiser, Volume 13, Number 27, Vincennes, Knox County, 3 August 1822 — Page 2

in company with the claimant or hia a) The uUiir.fctc loss to the legal amount gent, to be at case, within reach of re- is not here the question. If the hinstmint. It is a strange and unjustifiable drancc or obstruction be committed, the idea, which was pertinaciously insisted penalty is incurred to deter future aton and adhered to by some jurymen, on a tempts, even if no eventual loss of the former trial, that a rescue before taking slave occur. to a judpje or magistrate was not prohib- Notice of the captured person in the itcd, although, after the certificate ob- custody of the claimant or his agent, taincd. it was unlawful. If the fugitive either actually, or by circumstances were set at liberty before taking to the brought home to the party charged, of judge or magistrate, the point of rescue his or her being a fugitive slave, must be thereafter would never come in question given, when reasonably required; as all I sh mid also add. that, if the fugitive be offences must be commuted41 knowingrrscucd, or escape from the first arrest, ly and willingly. " After such notice, the sawne rules and principals apply to those who interfere act at their peril, rescue or prevention of recapture, as have and take the respomibilities of such in-

bcrn mentioned in relation to the first terferences if they amount to offences j

taking. It must be also remembered, designated in law This notice may be j A that if the evidence does not amount to merely veibal: it is not necessarv that! A

actual rescue, obstruction or hindrance the claimant or his agent should exhibit equally incurs the penalty. What is the ! to any but a judge or magistrate the exact definition of rescue and sitting at proofs required to obtain the certificate, liberty, is matter more of fact than philo-: The mere laying hold of the fugitive by logical description. If the fugitive ar- the claimant or his agent is only inchoate; rented be furnished with means of escape, it being the first step in the seizure and bv force or intimidation, or by attracting arrest. Its essence and most important an assemb-agc of people, so as to hustle purposes is" the custody ; and the cacr crowd the persons seizing or aries-; pability, in consequence of such laying tin, an d render it difficult or dangerous. hold, and uninterrupted custody, of tato hold and restrain the fugitive, and thus king him or her before any judge of the affording opportunity for escape, I should circuit or district court of the United consider it a recur in effect, and tanta-1 States, OT magistrate of a city or town mount to the application of actual force ; ! corporate, to obtain the certificate ream!, in this case he or they, who, by any quired for a rem val. Vow, of the city

unlawful irierferencc or acts of violence, of Philadelphia, there is only one, magis

especially if with intent or in combina j trate to wit : the recorder, who is not, tion, f which the consequences may be , by a state law, prohibited from taking considered as ptoof, caused such assem-' cognizance of such cases; and he was, I) ag ot pvople ; and any person or per-! at the time of the seizure and arrest in s.o.i i active therein is or are a party or question, too much engaged, and about pa-.is to the rescur, hinderance or ob- leaving the city. Obtruction or hinst ij-jticn. Such assemblages are promp j drance, interrupting the custody of the tly called togetner in a populous city by i fugitive, so as to compel a hasty and

i eni and mtempera'e conduct even of a individual. Naturally and sympathetically colored people crowd around the "victim, and do not u let the 6tricken deer o weep.' They spare no means in their capacity and power to dry his tears An overt act of treason may be committed bv intimidation as well as by actual and direct force. And if this be so, in

fruitless taking before any other magistrate of the city, or denying time to go before a judge of undisputed jurisdiction, appears to me a hindrance and obstruction, within the spirit and meaning of the law, the words whereof arc. in, " and not before, l so seizing and arresting " The word 44 in " may be construed du

ring, as " in the time1' means dur-

relation to the highest crime, it is equally ling the time, and the word li so' cvi-

relevant to apply the principal to an of- dently refers to the seizure and arrest

fence of a lower order.

When the claimant, his agent, or attorney, has seized or arrested the fugi

tive, he should not unieasonably delay to'.ikc fcuch fugitive before the judge or magistrate. He may be restrained of his liberty by the claimant or his agent, for a reasonable time belore such taking before the judge or magistrate; and the

claimant or his agent may fix on the fila: r of such restraint and safe custody.

Whilst proceeding to such place, it is not atui to hinder or obstruct his passage, or by force, or violence, or the assemblage of numbers to intimidate or cause the v -laiixMu! to go out of his course, un d '- iiu i )i ions of its being imp-oper ; and thvis aff d opiK,'- unity for escape. This is i i off ct a., obstruction, hindrance, and restraint, on the will of the claimant or his gent, and takes from him the power

ol safe keeping until he has obtained the certificate ot passport for removal. Before the inquiry into ' is title to the service of the alledged fugitive, there is no express authoritv to commit to any public prison or any pi cc of confinement ; though, duiing that inquir), judges and irugiitr ites have dencd themselves authorized m commit such fugitive to prison, forsife keeping until the close of the exa-nin vtion ; nd u ncn the magistrate decides to give or refuse the certificate, the fugitive is cLTicred to the claimant, or set at dfu-u, as the case may be. If the act be defi ctive in this or any O'Ji'r particular congress alone can sup-

plv 'he deficiency, courts ami juries

J OS. TOMLIXSOX,

ON MARKET STREET. VINCENNES, HAS just received from Philadelphia and Baltimore, an elegant and general assortment of Jh DRY GOODS, v, GROCERIES. HARDWARE, QUEENS W A R E; &c. which he offers for sale by retail, at the lowest cash prices

.1ST of letters remaining in the PostOffice at Terre-Haute Ind. the quarter

ending on the 30th Jane, which if not taken out before the last dav of September, will be

sent to the general post-office as dead letters. A. B. Vm. Armstrong Nathaniel Adams. Joseph Blackburn Burnap W. Beggs

Thomas Brown Asanei tsennclt

Amos P. Balch John Bailey Harnum Van BlaXom Clement N Burton C D

John Conwrav

Nelly Cunningham Elias Chineoweth James Cunningham James Corgei Danl. H. Dickson

A iron Dewey 2

John T. Chunn John Case

Willson Claypool

James Caldwell

Wm. Cook

Thomas Curry y.

rr "c T nic S

Nicholas Delorg' Benj. Depaw Solomon Dickson Peter Debar

Hyacinth Dehret E F Ann Eearl James Evans Rcdmont Evans Jesse Ezra Joseph Earle Saml. Foster John FUninfcham Thos. Foster

James Ferringtou. G H

James Gravham

Clem Gore And. Hinman Christopher Hslt Henry Hines Saml. linger Noah Hubboard John Hammilton Aaron Hart Bradford Hickson Rechd. Hicks Charles JoiC

James Gresham

Wm. Greenwell David Howard Dan. Hale Horace Holt Jacob Haruff Thos. Heafler Moses Hart Elijah L. Hill John Hane J. T. Hendricks J K

for the purpose intended by the law. Any other construction would render

the act of congress, in this respect, al most a dead letter; for a variety of pre tests and contrivances might be inter

posed to prevent the taking before a

judge or magistrate of acknowledged jurisdiction, and thus to defeat the main purpose of the seizure and drrest, to wit, obtaing the certificate or passport for removal. And penal laws, as are all others, are to be so interpreted as to arrive at their true meaning, and to effectuate the purposes of .their enactment. The evidence in this case is, in some parts, contradictory, and depends on the testimony of witnesses, of whose credit you alone arG the judges ; and, whatever be the general principals, the facts constituting the offence must be brought

home to the defendant I deem the piatifT's title to the fugitive in question sufficient to warrant a certificate from a judge or magistrate I should not have hesitated a moment in granting such certificate, and delivering the slave to the piantifF or his agent. A true copy. n" CALDWELL, Clrrk D 'strict C uft.

" John Jackson 2

Thomas M. Johnson Archabdd Kinmash Seth M. Kimbler James Kerr 2 Lucius Kibby 2 James Kelsey Austin Leonard Lucy Luddington Luke Johnson M N

John C. Murphey Otis M'Culou.h

NEW UOODS.

Erastus Mitchell

Wm. Mitchell John Martin David Mover And. McClain David McCasky Thos. Norris James Osborne

Jsse P. Osborne Munford P. Peters Peter Penning Joshua Penbv jasper Randabs Elisabeth Hodgers Charles Reed Silvester Steele Robert Sturgus John Sinclair Shff. Park county Jn. Pike

C. B. Moridesett

Pen ey Mitchell 3 Asa Hilles Morgan Win Marrbleau David Morgan Wm. M.Mop Robt Noble OP Wm. Odle John Oxford L .

Daniel Parker A. G. Pivs SJ

Peter Priced 1

R. S. Saml Riason Da rid Rodney Joseph Ralston Zera Sherman M. A. Sanders Elisha Saturday L. H. Scott

Solomon Lyons T V W

John L. Thompson Richd. Taylor

Ruben Thaver

John Turner Heiry Van Dine Henry Whaby Henry Willard Mark Williams George Webster

Caleb Trublood

Robt. Taylor. Andrew Van Sickle John Walker Jubal Welch

Screw Augers William Badger, 5 If AS a number of -CRE-.V AUp CiERS of the first quality, and which he will warrant ftr one tear. .- Persons wishing to purchase c?.n be cup-" plied either at his house on White mer, or at this OFFICE. Vincenne, :ay 25, 1822. 17--tf Notice. 3T has been th iUr-it necessary, S pro per, to put a lock on the gate of the American burying ground, adjoining ; Vincenncs -The key of which has been deposited at the House of John Ihilcy Esq. w here it t an at all times be found by those interested.

' inr.-nnoc lima Cll loO.t On " (

'Ok

G. R. C. Sullivan, (ATTORNEY Sc COUXCELLoa AT law) V"'1LL practice in the first Judicial V T Circuit, of the state of Indium

and in the counties ol Crawford and Ed-S 4 wards in the state ot Illinois. He may GS

always be found at his othce in Vincrnncs unless when absent on professional business he ha made an agreement, for business forwarded to him, in his absence, to be attended o 5 T

NOTICE. THE subscriber offers his Household & Kitchen Furniture at private sale until the IGth of September next, at which time it will be sold a: AUCTION. if not previously disposed of The furniture is plain, neat, and nearly new ard to any person disposed to purchase tho ' terms will be liberal. feCJ Horses would be taken in part payment, or in exchange and a lartre dis count made for cash. R M. IWNSOn Vinccrmes, July 26, 132. 26-6tJ N 4 LIST of Letters remaining in the Post

jfV Ofiiee at Honey Creek which if not taken out before the first of October, will be sent to the General Petit OMice as dead Ut

ters.

iTT" Pi.Tssn.n. caUing for Hter? in tnis lizi ivill fdta? .a v thru are cdveni rd. '

Jesse Butter field,

Jesse Esery, jared Lykins, Lewis NtTthrop, E. B. Stone,

J cph Bu.vhc,

Bsil Hunt, Roxsey Ai.n More, John Parke, Thes, S. Tliornpscn,

Dard. or Thos. Grl)'e

R.HOGG ATT, A st. P. M.

Sale lor Taxes.

I V ILL offer fe.r sale, ihe cwirt house door in the town of Mtrr.m. on SatuH.iv

the seventh day of September next, the fol

lowing Lots situate in the Korrufrh of Mcrrm,

Sullivan county, Indiana, or so much thereof as will pay the Borcugh tax due thererui fcr the years 1321, & 1822, together with cots unless the tax and cost be paid before that

time.

Wm. Uartch,

AS just received from Philadelphia, and now opening at his new

store on Market Street Vincennes, an

ca mot legislate ; they can only execute, elegant and general assortment of inte pict, y3 obey laws already made, Tp T fXlTX

GROCERIES. HARDWARE, QUEENS W A RE, GLASSWARE, LEGHORN, Sc ) T)nYvrrrc STRA-.V. BONNETS, Ladies Sc Gentlemens Morocco k Leather Shoes, Misses Childrens do. WINES BRNDY, RUM Jamaica SPIRITS, Sec Which he offers for sale by retail, at the lowest cash prices Vincennes, May 21, 1832. tf-1 7

an 1 ue not warranted in nrocceding as thev may 'kink the laws tughf to br out must be guided bv them as they actually

ef. Thv claimant or his agen has the election of the judcor magistrate before wh un he wib m I cannot lawfully be forced or intimidated to take the fugitive befoTC anv other. Under our presnt laws of the state the numbers aulh risel or inclin '1 to take cognizance of suc'i cses, are few "rr.leed, and that few f Mcred by state reputation, bv which a fedcal jude is not bound. And thus difn uhies arc increased on claimants, owin to our antipathies ; whereas it would be most dignified and coMciliatory to submit, wi'Ii a i;ood irace. to the laws of our nat'en, which we are not only bm ml to obev. but to pive every facility tnt ir execution, whatever may be our in I' vhbnl oninions ct)ncernin them. Whilst, however, we faithfully adhere to 'ur du v io vieldin obedience to the laws, vr.- r- etju J:v vmn 1 to guard ajr inst abuses attempted to be practised u der co' t of s.,ch e'aims. But mere suspicion wil1 n instil rescue, hindrance, or obstruction.

Jacob Wright

.Love Kimbler

JOHN M. COLMAN.p. m. Gabriel Lemmcns.

July 1st, 1822. L. 1 34.-26-St Abner Vickery,

Osiers names.

John Allen, Josiah Briant,

David Black,

same, same,

James Brooks,

same.

Elisha Boudinot,

Rankin Chandler, John Kelshamner,

Samuel Kaufman,

same.

r Fresh Flour. JOHN wise,

HAS on hand a quantity of the best superfine flour, which, he will dis

pose of for cash, cither by u; barrel or

23 tf Vincennes, Jufy 5, 1822.

14 New survey. 79 13 New survey. 129 r 211 50 23

56 hQ 15 4f 154 91 87 83

161 nr 51

John White,

William O. Wheeler,

same.

J. c G. A. Wassons,

same.

Lots listed as belonging to non re

sidents to wit :

Ao. jo. ,o. ,. .Yo. 5, 7, 9, 10, 11,

lirrf!

-V.

.Yo. Yo.

2 3,

27 28,

43 52,

G8 75.

J Jl, oJ, .), 2t

CI.

5 5, 55, 57, 59, SO, 81, 82, 83,

104 106, 111. 112, 113, 119, 122, K7, 131. 133 13G, 139, 140, 142, 145, 14G, 14ti, H9.

1S 2f., 39, o, C2, g;.

9'-, 103,

NEW GOODS,

UAiUl DlUKhOi, JR.

4S just returned Irom Philadelphia with a general assortment of

GROCERIES, DRY GOODS, & Ql'LENSWARE,

Which he offers for sale very low for

Lash. 24-6t Vincennes, Jul 12,1832,

purchase a considerable

7T.;:b-.:- of BEEF CA'ltLE lor 153 157 ,co ir'5. 169, 170,171, ... . . . ' . I 1US ".Q Ol"! 1 if 0,0 - .

the Liru.H m?rket 1 calculate on giv- " i; iD

! , Wl V : Persons at a distance arc informed that nodied, and wls to make my contracts as thing but specie or iu equivalent will be rennn ai tjOsiblcIarirr. rattlft wnnlrl hp -.1 't-i . .

, r - 1 ccicii. a nvzc wjju ivinii xneir lax nciore

preterahle 1 also wish to contract lor the day cf sale will please py postarf

(;E0IU;E W. LIN DSAY, cc .ax.

the building of a flat bottom boat.

JOHN BRUNER. Julv 18, 1822. 25-tf

July 20th, 182.

26-93tif.

liuble c; Brokaw,

TTlfAVING entered into a copartner-

373L sjP or tnc purpose of carrying

on inQr

ylcring Business

Ccuteall orders in their line with

promptitude and dispatch, and in a style

that will entitle them to a share of busi

ness, from a discerning public their

shop is kept at the old stand of 11. Ruble.

Vincennes, Jmic 1, U33. 1MI

7 imr.

f UU

I etf

KENIIA W A 8 ALT.

'IIHE subscriber ha cn hand a cjuanli tity of XEiYHi IV A SALT a su

perior quality, for sale by the barrel ot single bushel, low for cash.

I will also give saddle $, sridles, dt

juasess, in exchange for ooii Wheat,

corn fed porx, beet cattle Sic to be

delivered in November K Deer. Lckt.

JOHN C. HOLLAND. Vincennes, July 17, 1322. 23-tf ' PRINTING NEATLY