THE ANTI-SLAVERY BUGLE.
interests individuals may possess in the continu-
enco ot slavery, the iiiterestn of the nation are on
the sidn if iim nl,..!;,;.,.. l. .,(!,.;., .
therefore, to (he ilnve States, we readily porcoixoj
thatthers are two conflicting interests-one on
Ride of the holders or slaves, who constitute in
reality a meager minority of (he whole; tho o'her
cn the aide of those who'have nono. The formr
Interest and influence predominuto over thoso 0r
their mure numerous but less powerful compatri-lioom,
ots. Hence: the voice of tho South seems to V.e
Tholce Khoper? .KKf a'' n'S
Now, an important point would bo gained, if menus
could be found, not incompatible with justice, ol
the interests of these different tlasses.
?L int,n,,DdFC, filVar?e,mrtrn:LJ'l'l:,IeXnmiN1tion.
most numerous one, would bo merely the cx-1
tinction of Shivery, by which labor would be ren-;
dored honorable, "and tho txcrtio' s of freemen bo
no longer placed in competition with tho drudgery
of Slaves. For the other class, .would be ro'l-:'iilioof
ed,the uieniii of relieving thorn 1mm the burden ol
Slavery, without giving up w hat they have brcu
accustomed to consider us their property nn idea
which they cling w ith a tenacity not easily re-!
laxed. There are, no doubt, among the possess-;
ors of slaves, tnativ who are fullv conscious of the
iniustice nod t,nrd-n of tho svstVm. who vet see.
or imagine they soo nothing but ruin before them,
in case they abandon the possesion of their ser-
vile dependants. To such as these, a plan would
nndjubtedly be acceptable, which should effect
the emancipation of the .lave upon what they
would regard as nn adequate o." moderate compen-j
There is no inconsiderable number among
the slaveholder who havo little if any rro),,,rty
if not wholly, by the profit arising from the labor
of those slaves in the service of other. Kow,
however cUarly it may be demonstrated that tho
right hy which this imagined species of projerty
is held is destitute of solid foundation, it is hardly
to be expected that a plan for the total extinction
01 slavery, without compensation, would to ro
rr.rded with much favor by slaveholders of the
deicripti in here alluded to; yet thore is no reason-1
doubt that many of them would gladly ex-
change this slippery Kpecies of propertv for unoth-1
er, even smaller in nominal amount, of a less :
questionable and more stable tenure. j
It is generally conceded that Congr ss has no :
power to emancipate tho slaves ui any of the
States; and with this opinion we readily agree,.
from the consideration that no such power is con-:
ferred by tho Constitution, nnd tho powers not !
conferred aro retained by the States or by tf'O j
people. But it must also be remembered that the i
confers no power upon Congress to
establish or maintain elavcry
blish or maintain Slavery in the Stutcs or
anywhere else; and it is a significant fact, that
when the Constitution Wis formed, Slavery was
not tolerated in any Territory of the Union. Wo
ally, however, consider the gcPcrol powers of
Congress as extending to the objects f:'r the promo
tion of which the Constitution was framed. These
were expressly declared to bo, "to form A more
perfect union, establish justice, insure domestic
tranquility, provido for the c tmmou dufenoe, pro
mote the geuoral welfare, nud secure the blessings
of liberty to ourselves and our posterity." Now,
it could be easily shown that every one of these
objects would bo promoted by a peaceful extinc
tion of Slavery. Congress might then very con
sistently appropriate a portion of tho funds of the
nation for tho purpose of consummating tho ac
tion of the Statos within their respective domains.
Supposing, then, an act of Congress obtained, ap
propriating a specific sum to bo applied for cum
pensat ngthe owners of slaves for the sacrifice
they might be requirod to make, in virtue of a law
cf their own Legislature, which might emancipate
all the slaves within the State, and prohibit for
er Ui introduction of any more, cither by birth
or immigration suoh au act would bo obnoxious
to no serious objection. Tho details of such an
et would require deliberation and judgement,
but the general principle would be easily under
stood. It may indeed be objected, that the assmnod
riglit to property in slaves, being founded in vio
lence and wrong, can have no proper basis; hence,
no compensation for their liberation is due. Yet
it may be considered that the system of Slavery
lias been so far encouraged, and the use of and
traffio in the produce of slave labor hnve been, so
extensive, that the nation at large may bo said to
be involved in the guilt of the system, and to have
partaken of its ins. A compromise such as
proposed would, of course, be very different from
the compromises usually made between Slavery
and Freedom; and tho rights given up by the peo
ple of the ireo States would bo merely their own,
not the rights of others. A a plan of this kind is
probably the only one which would recoive the
approbation, from some time to come, of the
States where Slavery prevails to any considerable
extent. If an act of Congress, such as here allu
ded to, could be obtained, limiting its apprriaotion
to a specific and moderate cum, it :s probable that
some of the States where few slaves are held would
be the first to accept the offer; and whatever the
number of slaves might be, no injustice would be
done to the States or to individuals, fur the meas
ure would not be consumutcd without the occur
rence of the State Legislature, nor probably with
out that of the people in general.
One important advantage which a measure
of this kind would possess, would bo the celerity
with which it might be accomplished. In the
States where Slavery was once tolerated, nnd after
wards abolished by law, the abolition waa effected
gradually. In Pennsylvania, which took the lead
in this species of Legislation, ubout sixty years
were required, after the passage of the law, to pro
duce its ultimate effect. The act of 1780 was
justly considered, at the time it was passed, as an
important measure; but it is observable that the
noble principles laid down in the preamble were
not carried out in the act itself. The slaves of the
then existing generation wero left to wear out their
lives in servitude. They had, however, the con
solation to kuow that their children, born after the
passage of the act, would be eventually free. In
otLar States, the process cas not widely different.
But, upon the plan here suggesten. me people 01
any State, sincerely disposed to rid themselves of
the evil of Slavery might accomplish this object
without divesting their wasters of what they claim
as their property.
A necessary preliminary measure would be tho
preparation and circulation among our citizens at
large, of a memorial to Congress, soliciting the en
actment of a law directed to the object abjve pro
posed. The following form is suggested, as com
prising the substance of such memorial.
To the Senate and House of Reprttenlatioti of the
United Slates in Cungrta assembled:
"The uniersigned citizens of respectfully
a1rrttt nravMoa may be made by law. that when
ever, winVia a eertaiu period of jeirs. any State of
this Ua ion, now admitting domestic omvery, mall
decree the emancipation of U slaves and the final
extinction 01' involuntary servitude, except for
crime, within ber borders, au exact enumeration of
aid slaves shall be made, and for each and every
lave SO emancipated there shall be paid from the
Treasury of the United States, to such State, for
qaitable distribution amongst the slaveholders, a
ana of money, to be ascertained as Congress in
its wisdom may direct."
TheMBjectUnot new to our balls of Federal
IsgUtauoa. It any possibly not bs viewed wi 1)1
sochtaver fa-some time to come; but if it could
be brought proaunenily into view, and calmly
dii-TT '. botfc ia n4 eut of Cungress, it might be
Toeimthlj boped that tlie asperity so generally
ana'Jessssl, wlieo questions respecting Slavery are
coder diwKaiw. might be allayed, wai a convic
tion, which lbs truth certainly warrants, be grad
ulle ianreaeeiL that the advocate uf emancina-
ra i-uallr truer friends ts the interests tif
Otm Suattfc, xltaa lbs aupporura of Slavery. The
WWriaiu aveMoenees of the system are obvi-
us te every candid ebeervar. and the interests of
M ere-ir helming majority, etes 11 m
.-. . . - nattut aiJe of emasei nation. If, then,
h interaeU of the le. wbich lie. or are supposed
Sli Imv oe the aide ul tbe permaoeswe ui j,
-...1,1 1. OT...-;tixtJ bv the offer of eemeeasaUou'
dense both from the tfortfa and the rKnith, we
kiiiffU rMa.bly hope, at 00 disUot day, to be
!U the United HutU of America in pracUfe as
... 1 . 1 . e l rM "
vum wmm vi
From the Cincinnati Gazette,
THE CINCINNATI SLAVE CASE.
n-i , . ,L 1.10 i r.
1 ho examination of the alleged Slave. In C.i
ne 'cinnatl, wan commenced on Wednesday morning
of lust week, before United State Commissioner
I iv-ndpry. At nine o'clock the fugitive, Simon.
f b.r .i the
'n-eo cliiiareu of tho latter, were brought to the
guarded by a bodj of United States Officers
rtnj c;t- l,ic. Tho Court room without the "our
j P'"f '
, nd order 88 preserved.
i After somo preliminary proceedings, the conn
"niting e fljr ,n0 fugitives nsked for continuance of the
that they might have time to pra
ttle , , J , b , , .
Pro t'o- defence. Ihey hoped to bo able to prove
that tho adult dclcndants had frequently been
permitted by their owner to pass to tho Ohio
tho river, and they asked for time to sub.
i . ' , . , . , ,,
; PnB witness to prove theso facts-on which the
'liberty of the fugitives, to a certain oxent, defend
to cd, The affidavit! of tho fugitives, to this effect,
I ., ,,',,,,. . ,
, Iho Counsel for the claimants opposed tho np-
inefficient; because it was a well settled principle
I (f Uw mt no ono ,mvi tl)(J CU8toJy 0f a slave
i , . . . , . .
by -'t of their, change tho relit ion bo.
twuen master and slave. Thcreforo, it tho pnr
sation. ties had been permitted, cvon, to cross to tho Ohio
manje,j to the custody of tho marshal. Tho Corn
able , describes the incidents attending their
removal from the Court room:
.-Uy t))0 time tho Marshal was ready to convey
(hem back to jail, a dense crowd had collected
. f f A m , siJewalk
.u ? T ti
nnd nearly blockading the street. The officers
with great difficulty forcod a passage to the omnibus
wiiiuli was to convey tho fugitives to prison. As
f t n9 a ,ace VM cleIlrcJ ;t wft9 immediately fill
Constitution . ' ... , . . ,
plication; the facts set forth were, he thought
! side of tho river, it did not affect tho rights of
ow c"- Counsel fu,r th .fu,l"M h" '
differently; tho moment the fugitives touched the
free soil of Ohio with the consent and knowledge
of their owners, that momeot their shackles drcp-
ped, and they becaino free pooplc.
T1.0 Court continued tho caso till Thursday
1 morning the fugitives, in the mean time being re-
P S' uiieriui y ...
officer, who was attempting to push her back
"Let me alone, and attend to your own business
I nm free born and half whito, nnd hive as much
right to ftaud on the sidewalk as any man.'
When tho slaves wcro at length brought down
stairs and escorted to the omnibus, tlidro was a
perfect roar of excitement, nnd cries such as "Don't
In with them." "Slick on for your rights," "Stand
un for your liberty," wero heard from the crowd.
"We observe two or three watchman seize a
colored mart who vas doing nothing but endeavor
ing to retain his position, and as they dragged
him off to the station houso, ho wns set upon by
two or threo others with stars on their breasts, and
stuck several times about the head and breast
We afterwards saw this m.m in tho cells of the
watch house, where he stated that his name was
Jesse Sectt Fassett, and that from tho circum.
stance of havinc once lived in the immediate neigh
boihood of where the slaves came from, he had a
curiousity to see what was going to bceoroe of
them. That he wns standing without opening i"8
mouth, but merely endeavoring to keep from bcin
pressed bock, when he was set upon and treated
as above described; and what was worse man an,
he received a severe kick in tbe side from some
ruffian wearing a star."
On the opening of the Court at OJ o'clock
this morning, Mr. JoUiffe stated that ne nau
been informed that warrants had been issued
against those of tho fugitives who were adults, on
a criminal charge, nnd that an arrangement bad
been made between the U. S. and the State officere,
by which they were not to be served until this in
vestigation had terminated. He would therefore
move if any officer bad such warrants, be should
be permitted to servo them at once.
Tue law or 1850, provides that no warrant
OS ANY EVENT SHALL BE SERVED I'VON THE FUGI
TIVES IN CASE THEY ARE REMANDED TO ItUE CUSTODY
or TnEiii owner. Not even me warrant for
MURDER COULD PREVENT TUEIR BEING RETURNED TO
Commissioner Pendery said that since the open
ing of the Court this morning he had been called
upon by tho City Marshal with twowarrants.claim
ing four or more of the fugitives, and that he had
told Mm that in order to prevent a collision be
tweeu the authorities he would not grant them
until the investigation was through. Uetwoen the
termination of the investigation and tho time he
would take for giving bis decision the warrants
could be served.
Mr. JoUiffe still pressed his motion. It might
seem strange that as the attorney for these people
he should demand that they be given up on a charge
of murder, but each and all of them had assured
him that they tcWd go singing to the gallows rather
than be relumed to slavery.
Commissioner Pendery declined to make the
Col. Chambers, attorney for the claimant, laid
he did not wonder so much at these people prefer,
ring the gallows to slavery. He should do so too
were there no alternative, but he should prefer to
be remanded and take a change for an underground
slide at some other time, and bo hoped these parties
might bave that chance.
Mr. JoUiffe rose and said he must go and hunt
up his witnesses, for as many of them were col
ored people, tbey had not been permitted in the
Cul. Chambers "I won't wait for any such
Commissioner Pendery stated that there was no
Uw providing for the subpoenaing of witness! for
the defendants or fugitives in such eases. The law
provides for the serving of subpoenas issued by the
masters, but for none on the behalf of the sluve.
The U.S. Marshal wai under no obligation to serve
them, and therefore refused.
Col. Chambers denied this.
Commissioner Pendery replied that experience
had tauaht him differeutly. He haJ sent accounts
for such service to head quarters, and the Comp
troller at Washington bad refused to allow them.
The Court was then informed that the Marshal
disregarded its order, nnd was still refusing to ad.
mit colored people to the Court Room.
Mr. JoUiffe stated that the supocnaes they bad
uisued on behalf of the fugitives had been return,
ed to them by tbe C. S. Marshal. He declined
to serve them. Mr. JoUiffo, therefore, aked the
appointment of a special deputy Marshal by this
Court to serve these subpoenas. He askod the ap
pointment of a speeial deputy in order that the
Court might have the power to issue attachments
for witnesses whe refused to eome. If served by
volunteers the Court would bave no such power.
He would, iberefore, aV that Wm. Ceoklry be
appointed. (Win. lteckley is a light oolored mu-j
Col. Clmmbcrs objected to the appointment.
Mr. JollifTo stated that Ucokley was a citizen of
Ohio, nnd a Voter.
Commissioner l'eudery said, nfter talking aside
to tho Marshal, that to prevent troublo the Marshal
,, , ' , , ,,
would servo thene suhpeenncs, and ho (tho torn-
' , . .
misMoner) would pay the fees out of his own
' 1 '
Mr. JoUiffo "Oh no, you shan't do that."
The Marshal then took the subpecuass to serve.
Mr. JoUiffo then desired tho warrant to be
amended as to tho fugitive nnmod in it as young
Simon. His name was uot Simon, but Kobcrl
Mr. JoUiffe then moved that this prosecution be
quashed, on the ground that the warrant had no
seal upon it. It had in its placo simply a scroll,
made with a pen, nnd tho front seal written there.
Commissioner l'eudery said he thought wlun ho
undertook tho business of issuing the wurnint be
know what he was about.
Mr. JoUiffo then moved a continuanco, to allow
lliciii to get tho witnesses in behalf of Hubert Gar
ner. Commissioner Pendery decided that thero was
no causo for continuance on that nccout; uud that
tho caso must bo proceeded with.
TESTIMONY FOR THE CLAIMANT.
James Corbin Am acquainted with James
Marshall; ho lives in Boono county, Kentucky;
know Simon Garner, (tho colored man there, the
the oldest of tho two;) he belongs to Mr. Marshall;
have known him for thirty years; he sold him to
Anderson about twenty-four years ago, and prom
ised Simon that when ho got able he'i buy hi 111
back; Anderson kept him till last spring, when Mr.
Marshall bought Simon back from tho widow, Mr.
Anderson having died; ho had lived witk a nephew
most of the time.
Young Simon belongs to Mr. Marshall; have
known him ever since he was born, nnd have
uever heard him called by nny other name. I
kuow Mary Garner,, she bolongs to James Mar
shall; I last saw them at Mr. Marshall's farm two
Cross examined Do not know bow long it is
, , r , ,
since Goo. Anderson, died; I think he leu no broth-
,.',', , ,
ers or sisters, or children; do not know who were
. . , '
his neirs at law.
Thomas Marshall being sworn said; I know
, , ,, ,
James Marshall. Have known Simon Garner, (the
. . , , . .... ,.
fugitive thore,) since my father bought bun
" ., , ' .' , J o. .
April last Have known young Simon, ever
I can recollect ; I wns raised with h.m. Know
Mary Garner. Ihcse persons owed serv.co to Mr.
Marshall, under the law of Kentucky. I saw old
Mary and old Simon, in Kentucky, on Sunday
evening. Young Simon I saw thero on I riday
night; tho old folks wero at my brothers, nnd
young Simon at my fathers, they escaped last Sun-
j . . 1 a. r .1 1 it., ir tii .1
lay ...got. a next saw w.em me ii.nui.io.. ..no
Dayton depot, after they wcro caught last Monday.
About o weeks beforo laH Christmas I started from
my father's to go to Arkansas for a uentlcman,
young Simon went with me to Covington, we got
there on Wednesday evening; I hnd littlo diffi
culty with the gentleman and returned home; I
crossed from Covington to Cincinnati on that occa
sion; young Simon did not cross with me; did not
see him in Cincinnati then; If he was there I do
not know it; I crossed nbout tli9 middle of the
day; did not pay forriago for myself and Simon,
t left Simon hired to Mr. Ellison in Covington.
1 hnve not said in the hearing of Mr. George"
Guilford th it Simon had often been in Cineionati;
did not tei'J hiir so in the U. S. Marshal's sfiico
on the day they were arrested; did not hear rie
people say to Mr. Ja.nes Elliott that they had often
been in Ohio. (Mr. .t-mot was pointcu out to
witness.) He said ho bad never seen him. The
langungo the witness used was: I know not the
man." air. uuntora wac p:"'
and he denied having spokeu to' him in tho Mat.
shal's office; was not an . agent lor his father in
general, was only sent after these negroes.
G. W. Marshall Am a ncpliew ot iH.p. iuarsuu
who claims these tfegroes.
James Marshall neyer told l.im that youn,;
Simon had killed hogs for h;:o in Cincinnati. James
Marshall was not in tho habit of bringing his boys
over to this side when be brought hogs' over. Re
examined Never knew of nny of i7iw jtople ever
being in the State of .Ohio by their master's per
mission. Never knew thcra to be here at all until
W. B. Murphy, (the Major Murphey who as
sisted to mako the arrest,) was called nnd sworn-
Said ; I know these people as the slaves of Mr.
Marshall. They were Mr. Marshall's property by
the laws of Kentucky.
Question by Mr. JoUiffo Was auy ono mur.
dered during the arrest? Objected to by Col.
Chambers be did not wish to go into ull those
Mr. JoUiffe, reolied that the fact he intended to
bring out, was that the mother of these children,
frautic, at tho time of the arrest, had murdered
one of her children, (a littlo girl) rather than buve
it taken back into slavery. He did uot regard this
as a "fancy matter" as Col, Chambers termed it.
The Court rejected the question, when Mr.
Jollifle put it in another form.
Col. Chambers thought this was (riding with the
dignity of the Court. Commissioner Pendery
said the Court, undcistood how to maintain its
own diguity. and would ask Mr. JoUiffo what ob
ject he bad in proving the fact of the death of tbe
MR. JOLLIFFE'S REMARKS.
Mr. JoUiffe replied that be intended on the
final argument of this case, not only to allege, but
to demonstrate conclusively to the Court; that the
Fugitive Slave Law was unconstitutional and as
part and parcel of that argument, he wished to
show tbe effect of carrying it out. That it had
driven a lrantio mother to murder ber own child,
rather than sec it carried back to the seething hell
of American slavery. (Uere loud bursts of ap
plause from tbe multitude effectually drowned for
a moment the marshal's cries of "order, order.")
This law was of such a character tlmt its execution
required human hearts to be wrung and human
blood to be spilt.
The Constitution expressly declared that Con
gress should pass no law prescribing any form 01
religion, or preventing tbe free exercise thereof.
If Congress could not puss any law requiring you
to worship God, still less could they pass one re
quiring you to carry fuel to Hell. (Applause
order, order, cried the Marshal.)
The Commissioner was there M the guardian of
religious liberty in the United' States, and if he
acted wisely lie would bring happiness to thou-,
sands and tens of thousands, but if be followed
evil counsel the eonsequenees could not easily be
foretold. In a brief time, perhaps in less than six
months, the Union might be severed. The stars
anil stripes night float over separate nations and
blood 8w botwecn them. He decircd to iutro-'
duco this evideuco simply to show tho legitimate
effects uf this Jaw.
Fur a few moments after Mr. Jolliffo sat down
shouts of applause and criei of order filled tho
MR. FINNEL'S REMARKS.
r:i . , 1 . , , ,
-'Ir. i innel replied to Mr. Jolliflo. Ho was here,
i,.!.t . ir . 1 1 1 n 1
he said, as a Kenttiekuin and a slaveholder, and
!,., . , ., , . , , , . ,
ho know somo slaves that ha hived bet or than he
loved white ful k. still ho wished most sincerely
that there was not a slave in the universe. Hut.
thero were other systems of slavery bosido ours.'
The Irish wero enslaved by Kngland nnd that;
man, (looking towards Mr. KUiot) fresh from tho!
Ihi', had better stayed thero and helped his en-j
slaved brethren thnn come hero to meddle w itli
our institutions. No told tho story of the flat boat-1
man who entered a bayou of the Mississippi and
thought himself at sen, so bis friend Mr. JoUiffe
hail drifted clear out at sea in his rcmaik. He
had gone off to tho discussion of morals, which did
not belong to the case.
It being then 4 o'clock, the Court adjouued to J
past 0 this morning.
Ou tho opening of tho Court Col. Chambers nn.
nouticcd that tlio claimant h.Kl no moro w itnesses
and rested here.
TESTIMONY FOR THE SLAVES.
buying marketing had a basket pretty full. She
P!lij ;t wll8 for i)(;r ow-norj.
n 1 n 1 , 1,1 -j
Col. Chambers "Acvcr mind what she said."
r, , 1 . .. ..
Question Is that tho same woman? les sir-
., ,, ,, , . . , ,
that s the same woman, if I was to bo qualified to
I , T .... . , . ...
l.uward John l ilson, a blnck man, was cnl.ed.
n , . ., ,. ,,
Had seen that voung gentleman, (pointing to young
iii't-; ir. w 1 i 1
Simon,) befoie. ns passing down Broudwnv
s,nce!from dwelling. It was near the corner o"f
j F(iUr(h Tlmt lm,n (young Simon) asked mo if 1
I coulJ , ,iim whwe Mr ,..e ,ived , (j,d
j he ,ivcJ on sistb gtm;t f. ,(t nca .f j not
mit.t(lk(fni t0 , Bcthol c,iarell which Is called
h(J 0,,, c,)Urch n0 filid he wished to go there to
, M 1 iell placctl ,linl right, nnd told
Iiimtll ,)acel,nc(lr T u j . b ,
Charlotte Armstrong, a colored woman, being
swrn , ns.kK,i if fl,e crer tnxt that woman
(pointing to Mary, the elder of the women claimed
as slaves.) Sho replied yes, tho had seen her
nbout four years ago at the Bethel Chapel on Sixlh
street, in Cincinnati. The second time I saw her
wus in tho same chapel, she sat then, in tho next
pew to me; the third time I saw her I was going
down to the river and met her coming up with a
market basket, going towards I'ifth street market.
This was some three years 050, and between eight
nnj n;na o'clock in the morning. I said to her you
como over to market very often. Sho replied
I saw her aaain on Fifth street market, sho was
. . . , , .. . j.
was repeated aim witness replied :
It is very hard for me to draw theso old intellects
of mine on tlmt pint. Think its near two ye.irs
ago, as near ns I can come at it. Know him by
his complexion, And by his feet, he turns them n
little out. Ilavo no doubt in my own mind that
it is the same man, but can't explain myself nny
better, as I'm not much in court business, but his
face is too plain to be mistaken. Theio was a
white man with him. Think it was that man thero
(poiuting to Marshall, the claimant.)
Cross-examined. Ques. What time in the year
was this ? Ah, that's where you got me when a
man asks me a question, I'm out nnd gone again.
George J.Guil ford, called (Mr. Guilford was
called to contradict the statement mado by young
Marshall, the eon of the claimant, that he had nev
er told Mr. G. that theso people had been frequent
ly in Ohio. Rep.) Ho said ;
On tho day these fugitives wero brought to the
office of the United States Marshal, I had a con
versation with tho young gentleman referred to'
Thomas W. Marshall, the son of the cluiuinint, in
regard to the time and manner of tho escape of
theso fugitives names of the claimants and of the
defendants inquired about the manner in which
;ho.y were treated at home; asked him if ihey had
ever expressed any dissatisfaction with their con
dition, or had ever evinced nny inclination to be
free. His repiy in substance was that they had
always seemed contented. Ho ncvei imagined
that they desired to run off. (Col. Chambers rose
to object to this testimony, but finally consented
to its admission, as it was designed to contntdict
.Mid impeach Mr. Marshall.) Witness continued:
Marshall said these people had been on this side of
the river frequently. By these people he meant
tbe fugitives here. He did not distinguish between
the slaves of Mr. Marshall and Mr. Gaines, 1
was inquiring into these facts, not with nny thought
uf being used as a witness, but for the purpose of
publication; I aw reporter for tho Commercial
newspaper. Maj. Murphy was present at apart
of this conversation; and I also explained to him
my object in making the inquiries. I called Mar
shall from the stove to the window, and took out
my noto book and put down what ho said at the
Cross-examined Don't think I can be mistaken
as to tho identity of Marshall. He was pointed
out to me as the son of the claimant, and I have
seen him since in Court. Was present at his ex
amination as a witness.
Maj. Murphy came up during the conversation
with nn expression of inquiry on his countenance,
and I explained to him the purposo for which I
was making the inquiries.
Re-examined Took the substance of the con
versation down at the time, and published such as
I thought proper afterwards. Have not my notes
now. Copy is not proserved in a newspaper office.
Mr. Guilford pointed out young Murshull, and
said "that is the man."
Eliza MoK.inr.cy, a light-olored mulatto woman,
was sworn. Sho stated that she had seen that
young man (young Simon) before at my house, a
littlo while before last Christmas; be came to my
houso hunting my father, and I showed hiiu the
way to the house. That is tho same man. My
ho iee nt that time was ou Sixth street, East of
Broadway, in Cincinnati.
Cross-examined My father is Joseph Kite.
Win. D. F. Timberlake Know that man (young
Simon.) Had him hired in the full of '43. Hired
him from Mr. Marshall, tbe claimant thero. Did
nut purchase any wheat in Ohio xvhilo he was
hired to me. He never came into Ohio with my
knowledge, while I had him hired.
Joseph Kite sworn I know that young man,
(young Simon) ho was in my house sometime this
winter; took supper with mo, and ho remarked he
was glad be took supper with bis uncle once. His
wil'o and my son are cousins. Her father was my
wife's brother. I lived over in Boono county Co.,
Kontucky, for years. Saw him here more than
once ur tw ico ouce driving hogs hero, but not
positive about it. It was on Broadway; don't know
the timo, but it was in the winter of this year.
James Eliott sworn Heard on last Monday I
there wcio some fugitives in the U.S. Marshal's!
oflico, nnd went there. I made inquiries about the!
case. Saw Thomas W . Marshall, tho son of the
claimant, there. That's him. I asked the color
ed persons, in Mr. Marshall's presence, if thet .
wanted 11 lawver.
I remarked that thoy must havo a lawyer and !
I would furnish them one, Mr. Marshall reninrkcd
that they w ere iu tho bauds of the United States
Officers i.ow, and I said they could not bo taken !
away without a trial, lid said wo nrc ready, llel
then nsked me my name, and I told him it was'
Mr. .Jolifl'n moved that Key. A. A. Liveimore be!
appointed n guardian, nrf liUm, for Cilly, (Priscil
la.) the child nino months old, and ono of tho
defendants in "this cn-e. Olijccted to by Col.
(From 10 o'clock till half past two, the Court
was waiting for the apponrance of witnosscs.)
A habeas corpus, ad tisijhatid'(in, for ono of the
witnesses for tho fugitives, who had been nrrcsted
by tho Marshal, and sent to jail by the Police Court
yesterday, was asked for and granted.
Wm. Alexander, a colored man, Bworn Said :
I have teen that young man, (pointing to Simon.)
Saw him onco beforo Christmas and once on the
Christinas. Was coming up Sixth street, nnd met
him jut below liroadway.coming down. Ho asked
me where Mr. Kite lived. Tho next time I saw
him was at my own house. Had an hour and a half's
conversation with hiin. Xext linio I saw him, he
wns i.i company with a whito man.
That was three cr four weeks beforo Christmas.
They wcro driving bogs up Brcndway, when he
was tit my house. I asked him if he was the same
man. (Objected to and ruled out.) Was pos
itive that this is the sum a man I saw on Broad
Betsey Ann B.ites, (a light-colored mulatto woman)
sworn. Stated that sho hnd soon Mary and old
Simon in Covington, but' never on this sido of the
The City Polico w ho had preserved order in the
LT. S. Court Rooms, ou Friday, wcro excluded on
Saturday, and tho Court wns entirely in tho charge
of the I . S. Marshals and the Covington (Ky.)
Police. One tall, bony, gaunt Kcntuckiun,(snid to
be n negro catcher by profession.) with a small,
red, sunken cyo, hollow cheeks, and a sharp chin,
stiod erect within tho bar watching over tho Com
missioner. Occasionally lie would mount a settee
near tho railing and wave a hugo club (which he
carried in liou of a cane) over tho heads of the
multitude of white, black, and yellow folks outside
the bar. During the day lie would occasionally
look cudgels at tho "free niggers," then suddenly
putting his hand to his car he would dodge his bend
down to catch n whisper that passed between Mr.
JoUiffo and his clients, but ho spoke never a
A number of Kentuekians remain about the
Court, and when it adjourns form a double line of
men from the Court Room door to the prisoners'
van, and between the files of men tho fugitives are
passed out. They then follow tho omnibus to pre
vent a rescue. It is said these men have stated
that they were prepared to carry the fugitives back
to Kontucky at all hazards, but we cannot believe
that this is any thing more thnn bluster.
TESTIMONY FOR THE SLAVES.
Alfred Gilmore, (a colored man.) sworn Saw
that young ntan (young Simon) during nil the
Christmas at the People's Theatre, in this city, at
night, as many as four times.
Sarah Kite, colored woman, sworn Young
Simon was at our house during the Christmas.
W. M. Marshal, sworn Marshal is the polico.
man who was dismissed by tho Mayor on a charge
of arresting Mr. Hayes, of Vicksburg, for Uie sake
of extorting money from him.
Vincent Hayes, a colored mnn, sworn Have
seen that young man (young Simon somewhere
between Walnut and Broadway. Had seen him in
Kentucky before, was acquainted with him, also
with thoild man.
Fildin Corbin, said I .saw the young man in
Ohio about Christmas. If I mistake not the old
man was with them. Mr. Kite brought them to
Elias Reese A Captain of tho Walndt street
ferry boat know Mr. Thomas Marshal. Ho did
not cross tho river on my boat, sometime before
Christmas in company with a colored man.
Question by Mr. Jollifle. What are the regula
tions about slaves crossing ? Objected to by Mr.
Finncll, of Kentucky ; but it was finally admitted
that the law of Kentucky requires the ferrymen to
have a permit from the master to allow colored
men to cr ots if taken across without such permit,
the owner of the ferryboat is responsible to tho
master for the value of the slave.
Commissisner Pendery, Is there any statute in
Kentucky nbout their crossing on the ico?" (River
was not frozen at Christmas. Rep.)
Elijah Kite sworn Saw theso people (the fugi
tives) last Christmas. Young Simon came to my
house on Christmas. lie was here two days, one
after the other.
Spencer Cash sworn Saw that man (young
Simon) driving hogs in Cincinnati. It was a few
days before tho Strader's chimneys blew off, (near
Christmas. )Saw him three times on that day. Am
sure that was the same man.
John Farrar a very light mulatto, sworn.
Saw that man (old Simon, )iu Cincinnati, going
down towards the river from Lower Market, a
short time before last Christmas. Am certain that
is tho man.
A German Butcher, to wh om Marshall had sold
hogs, appeared and testified that Marshall brought
the two slaves to Ohio, and stayed with them all
night at his house, but failed fully to identify
Magaret Fisher was then sworn and told to look
at the fugitives, and state if she had ever seen any
uf them before. Sho said :
I think I've seen that young man beforo. I
think ho is the very boy that stayed at our house
years ago, but he's grown very much. Ho stayed
ull night at Mr. Rioo's my father's. I bolieve
the boy slept with the journeyman. Ques. Aro
you satisfied that isthe same boy? Aus. Yes,
"sir, I think it is. Ques. Have you any doubt
about it ? Ans. I think its the boy. I have no
doubt of it at all. Ho was brought thero by a
gontleman whom father had hogs of. Cau't recol
lect bis name just now, but would know it if I
heard it. Qus. Wus it Marshall ? Ans. Yes
it was. Ques. Cau jcu pick him out ? Col.
Chambers objected, and the Court took the witness
and asked her if Marshall was in tho room. The
witness stood up and looked around for some time.
It was a moment of intense interest, for the identi
ty of Marshall with the man who stayed with tho
nogroes at the butcher's was ull that was wanting
to make tho ovidence complete. A brothor of Mar
shall, who resembles him sfrongly, rose, and wit
ness looked at him eagerly ns though about to rec
ognise him ns the man, but did not speak. Next
to him wns a 1111111 crouched down, with the head of
bis cane to his lips and looking stealthily out of
lbs corner of his ryes. At length witness said i
"That man w ith the stick to his soutu is ut."
It was Marshall.
Cross Examined. Ques. "Why did Jon look
so hard nt the man that rose tip?" Ans. t was
juct a going to say it was hi.ti, nnd then I looked
at him ri'bl, nnd saw it wasn't him.
Ques. You changed your mind thon ? Ans.
I didn't change my mind at all. I just thought it
was'lit hiin. it's so long ago a body has to tnke
a good look before they know. Ques. Did you
ki.ow the young man thero, (young Simon)as soon
as you came in tho room. Ans. "Yes sir, ,1 did
so." Ques. HiW old and Inrge was he then.
Ans, Ho was about 10 or 11 years old then.
(Showed how large 41 or 5 feel.) Never saw
him sinco till to day. Can't sny whether he stayed
threo or four nights.
Witness was directed to look nt Marshall. The
said his face was fuller then than now. Couldn't
say if bis body was fatter, but knew his face.
Don't k-vow how he wns dressed. Had clothes like
the farmer generally have on. Don't romembsr
that old man, (old Simon.) Don't known as ho
was along. "
Quel. Had Mr. Marshall whisker on f Ans..
Well, I guess ho did have whiskers.
Ques. Can you point out in the Court-room sn r
other man who sold hogs to your father ? Witness
and stnyed nil night ?" Col. Chnmbcre. "No."
Well I didu't bother about them. My business
wns in tho house, and I only noticed those that
stayed all night. Witness pointed out another
Kentucky hog drover that sho had Been at her
father's. No other boy stayed there. Might have
been other boys just come with him. but they
did'nt stay there all night. Mr. Marshall slept
alone; when ho stnrted to bed father asked him if
the boy would sleep with him; he said no, bo could
lay on the bare floor. Boy slept with tbe journey,
man, nnd ate at our table. The littlo boy behaved
first rate ; everything his master told him to do he
done. Don't know whether bis hair was combed
tho way it is now; he had on a cap. I nm going
on 2" yenrs old. Have not talked with any body
about this case. Nobody has told me anything
about this caso to-day. Simon did nr.t point out
his master to mo. Did not poi nt his finger to him
while I. talked with him. Ques. How did yon
como to say that the very boy staid nt our house
nil night? Ans. Because yiu asked mo.
Ques. by Col. Chambers "What's the name of
that young man (pointing to Simon)? Ans. If I
didn't know you've told me often enough. I didn't
converse with Simon aboul this trial. I sat down
by him and he nsked mo if I knew him. That's
nil be nsked me. Have talked with no one about
Ro-Examinod.-Don't know anything nbout what
my father stated in Court. That man (pointing to
tho Marshall) came for me, and I came right down.
Tho Slavo holders offered testimony designed to
invalidate that of Mrs.Fisher. After its conclusion.'
Cul. C hambers notified the Court thnt he had closed
his testimony. After which by permission of the
Comniissioncr.Mr.Jolliff called J. Heboid, and Mary
A. Heboid, both of whom testified to facts corroborat
ive of tho testimony of Mrs. Fisher. The Commis
sioner then hoard the argument of Mr. Flinwell,
on behalf of the claimant, and then adjourned.
SALEM, OHIO, FEBRUARY 9, 1856.
THE SLAVE CASE.
We give np nt large space this week to tho trial
of tho fugitives in Cincinnati. It is important
that all should know what it is claimed shooldbe
done nnd what is done in Ohio under authority of
the Federal Constitution for slave catching. Noth
ing else will so effectually tench our citizens their
actual subjection to tho slaveholders through the
Constitution and Union.
The trial which we havo reported only concern
ed the fugitives claimed by Marshall. Those'
claimed by Gainos are yet to have thoir trial befote
the Commissioner. '.
Tho Coroner's jury in the caso of the child which
was slain, rendered as their verdict, That the child
was killed by its mother Margaret Garner, with
a butcher-knife with which she cut its throat.
Two of the jurors found that the two Simons, ths
elder nnd younger were accessary to the net.
The city seems deeply stirred by the events.
Tho Gazetto says " a doop sympathy prevails
throughout the city." "And yet.neithcr that sympa
thy for tho fugitives nor any propsr sympathy witb
justico and freedom, is in existence thero among
many of the citizens, as is manifest from the factsv.
For example, the Gazetto itself a Republican
paper, which oxults over tbe "glorious triumph of
freedom" in the election of Banks, says :
"If the fugitives are legally entitled to their free
dom, no one will dure to deny it to them; If this
cannot be established, they will be returned to
bondage. However much we may despise tSe law;
and however deep our sympathies may be with the
unfortunnto r.egroes, we would not counsel or en
courage resistance to the law, bec&uso sucb resis
tance would manufacture pro-slavery sentiments
ten thousand times more rapidly thnn the work saw
be accomplished by the siuvery propagandists of
Again tho Gazette Bays, speaking of people oif
tho city and Stnte, " Be observe a general willing
ness to submit to the law." This is tho "deep sym
paihy" which the Gazetto feels for the fugitives."
And its nnti-slavcry policy is equally remarkable.
"To prevent tho manufacture of proslitvery senti
nient," it would have tho fugitive slave law obeyed.
Even when it demands the surrendor of those
heroic men father and son when it requires the
sacrifice of that Spartan mother and ber surviving
children. Its infernal requisitions are not to be.
Tegardod. Such "law abiding citizens" are,
morally to near akin to the "law nnd order" ruffi.
ans who lately invaded Lawrence,
But yet wo beliove there is a real and thorough
symyathy with the fugitives, and a proper regard
for the law that would enslave them, among very
many of tho poopla of Cincinnati. The slavehold.
ers and the Uuitod States Officers evidently think
so if wo may judge from the following item which
wo clip from the nows oolumn of Tuesday's Gazette;
Four hundred special U. S. Marshals, are en
gaged at present ut $2 a day, guarding the three
fugitives (two men uud an old woman) claimed by
If this be a truostatomont, eithci the kidnappers
are arrant cowards or else all the Cincinnatians
are not law abiding citizens after the pattern of
the Republican Gazetto.
This class of citizens were desirous of holding a
public meeting to give utterance to thsir sympathy
and such a meeting was appointed to be hold on
evening last week at Smith and N'ixou's II all. Ths
xml | txt