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The Philanthropist (Newspaper) - December 4, 1838, Cincinnati, OhioOf rth Page the comm ii Kwh tit Iii a a. .1 a a or a being wholly to Oid or of a a he me a mansion full own m a com liary%0l us Whidby Iba or Toner u charged admit of a i a Roii Iang to. That All of inn Cipas a the Reatano Aiba 4kt�a� la cd the did in Tiona Thema Eltes cease than a be etim has a Grade of guilt one trial Ono punish a the wet m tip �ttcfip0ti of Ace Leorial guilt through it a Taci a it a in it. A Ogk Maiure which it or Char a acc Eazary. I Lua Ola Iii then a that in the ill cof Tia Aivil aet and in Kwh which in my a ski it to must took to Oliie character i in of tha eat a Taal a a to reject any and Wety principle Baa cd upon a differ. I a Aeoma Granil which i �11 occupy id that a crime a a a be he Puni bed where in k. And that or of Unity where Kwa have Lieen violated Are of to it Ted to the Jurat Dick on of the Olla Nice. To la Quatrale Willow Advt Sahlin to give a Conden Seil history change which has been operated in the principles by Kwh of a tone to in anal cases is Starkie m a note vol. I. P. 5, in treating of the origin of and of the sphere their jurisdiction a ayin a that Are the same with the j a Reda afr a of a Karolle and Bracton their name Humber and general duty to the Day a or Cere ver Tatem prove a Bough h k dear that a Omri important change has Tekeli Fdale As to the of mixer of Etc excising their important Frinc Kau Juven so Liy As Ibe reign of Henry ilf., they exp Reia air kind of mixed duty partly As witnesses partly a of the a fled of teach May in the Case of a disputed in the wit Nemes Wert enrolled amongst the jury and the a a id was per pen room of per the Tel and to so great an sex waa their cd racier then of a Les Onia nature that a was doubted a amp thet they were Capate of deciding in the Tase of a crime secretly Ooi omitted Aud where tie Putria have no actual know Lilga of the fact in Racoon p. We a Lewerer at this Pend that the capacity of e a Kru Der and More Imp Taat function it a Reighl of lest Muny and of a be appreciated for about this time tha trial ill into disuse and when this supers Litiola invent be Ife if a. Ancient Refuge of ignorance had been rejected As to Rifae More enlightened notions of the age it ame a Mattor of Ness Swity to substitute a rational of a by the Aid of reason tied experience for and unrighteous a actives. From this May be dated the commencement of the import of Banes of the function i of a in Jurj which afterwards jul h took place until they Wero modelled into a present this gradual change in the Frinc Tiara no coif motion of Jusic. We acco Rapal cd in Criqui i Ebaos especially by a Chang c in the princ Idica of venue. Juliai i Flicop As Radical if not As Ini Portal Here we Kacihi that the i mover be Elf the / ids Iii i Tuc determined alike the compaction of the jury and its jurisdiction. The Tel a Msty a of the transaction were considered As beat quasi fled to act and this principle i coated the Lehtic and bound it Down to tire Itu Mctate Vic Inage of the occurrence. Hence the Law of venue the suited that a crime could Oby he a bid in that neighbourhood a where All the facts accompanying it happened. Aai if a crime commenced in one you pay. And was in a diff Crent one ibis restricted and i sew Piru Cople of the Law of that age forbade its trial in either because the jury Oltha county Iii which the Fioke crinum Mikeil was not supposed to to sufficiency cog-iiksimj�4hp, consummation in the other county and so of the dry of the county Jyh which it was Paosu mated. To fortify this ground sir i read from chit to a of Imiola Kwh Voi i. P. To. In the earlier period of eur Hilory it was even necessary that offence should be tried by a jury of the Vine or neighbor Hoot who were he Nib Regar dad As Inore Likely to be Moi tip cd to investigate and discover the truth than persons living at a distance from the scene of the transaction it being a Maxim of the common Law quod in camper Debet Fieri Trianio Obj Jurat orcs Melio Rutt Posant Hab Etc Noti Tiam. Theve Mue was always regarded of a matter of substance and ther Elbre at com Moti Taw when the off inca was comic iced inti county Aud Rousu moated in another the venue could let a Laid in Neit bes and Iha offender event altogether unpunished. Thoa if a morbid blow was Given inane county and the party did in Oonsa Suenee of the blow in another it was it doubted whether the murder could be punished in Eithar. Cor it was up posed that a jury of the first could a it take Sanjee of the Deeth in the Aeoma and a jury of the second Oeuk not inquire of the wounding in the first you see. From Sheea author Ilia when connected t Tai the Orin i of Silong jurors of witnesses restricted the venue to Lifery narrow Bomidas and that the consequence was a great and of Public Justice. But the change which bark pc be Cocks fro ii a jury of witnesses to an impartial jury oot Vai with the facts wrought a mighty Haage m the Tew of venue. It removed in a great degree a Etc Edwigi of Tiai Ilag the trial to the place where All the Debs Sceo saws. And with the Profesa of civilization adva Imma in Gal Aci each a the Beneral illumination or a die Pic mind with Efferen to the grand principles of a Stuie policy another and a Rounder principle of jurisdiction was Rehofia Tad the a Turk More it articular a a in or Imiola pm. Thi plan be. That the violation of the Taw gave the to a Ori Terion of Jup diction and that the place whore that it Okdan of Taw was consummated we a just Ontl led to the value waa Fulty a Keitel in a Gand. It is True that thit Pinn Typl for Frater Gerlai qty. Was de dared % a Milr yet ii Okgi Midi. Moa Hod so Salt a Wmk and Ink a to Spirtt into that enlighten Adjmi Ciary. Ship Retsuk Jedeed was a natural and Nemea off of tha he Gage to who Cona Iiona of the just to which i have a glad at Alt Eleaih air thu Princi Fla to it gradual opem Toni Quot by the alow Prog Eaas of libera Toa Lefoua to the one i had supposed and trial punishment dec. And raises both procurer and agent to it Farau Oes Coo Blumve proof that Aeiful pmr9&nal pretence the consequence of Prince gals then the of infect upon the Vela not requisite to give jurisdiction it a sufficient if the r crime be consummated within the jury dict Iii. I am aware however that it will be objected by the coun Sel of the defence that the Law which i have just Reed and the Carea immediately following in the connection apply Only to count Tea and Pees exclusively and completely wit Tiu the Ordinary to ration and jurisdiction of the i ugly a i Kwh. A close examination will expose Julie utter Faltay of this f object Iii. The authorities Are re Lionly abundant lit a How that the inconvenient narrowness of jurisdiction consequent upon the testimonial character of juries w Hekli has a already Discua aed applied Only to counties. Cliitis in Hia criminal Law vol. 1. P. Is6 declares a trial at rom Nice Law no offence com melted ii Pic High a Cas or be mid Lim realm could be inquired of cd opt within the again Pago 188, it appears that at Crinnion Law treason in adhering to the Kings in emacs Broadi i. Cas he him nue Tel removed and the Juliai fiction Over Hoth Pimp re and agent Allacher to the Pace Ybera itself a co Niit to because the general principle of the Lutea then applies that the of Fermi is punishable where it is again we fed tha t the reason Given by Ghuy goes still further and Lake the ground that tic Cocce Selry is not triable where the crime Wiki Corfu mated Heeme he is triable a few ice that is in the Wigre m it Ivel. The inference is in of Varfui int if he was not Ikic a to the county where he the Law of the the cute Quot would have reached hindi and Ien left a him friable in that county where the crime was committed. For although the rude and a i Uati Ort of the Eom inon Law pie Vioris to the Days of Edward fi., would have suffered a crime Ontic a such to have gone unpunished in either county yet a Uris a crying evil would not lie tolerated by the expo unders of tie Cornmon Law fat the present a Elf explains Belaud me a a a Milit he tried where the Jimiy. A Juhe principle which has Rifice Boen recognized that offender bad lands in try the common a. Ilion punishment Art Adies to the Juri fiction where tie has sir offences against the Laws Ofengand a Liuo Coniti Wiite been can ump Sld would govern and fully control such a Distant countries were Nover thelois and were held exhibits Iguess of Liberal itly Reco Gilrod Fly of a Virili Inato to gait Beilein has been by a my ill too of the boiled and by Stltt Moet of our land. Jmwl6dp6t dec tie of a skis Trumet expressly de Klee triad or fms except in Oti at trope act Umbi be i i in the state Wboro the std crimes a Hall to of Twu Cilz Imi Flordy Chancellor Kent i to 1st via in of Hie observes that the party Ceay of Brand a he lieu by any Ether Juris Ila the oae a shoe jaws ave Bawi a Watzik and Awni Iefke duty of a a Are Odaria hip applied of Well of the Tom to him Sutz of the state so wrent Kring at to the Case of subjects of the Power demanding the fonts be Orick Tafito its foil extent the opera Fon of the Principio i sve Kipawa. England Hae applied k by Sii Pluie to the ret la Linail of the Jaris Letioa of her ceo Tiesi by adjudication Sleta Joiy Prev irim to the Dion rent Quot ssh of Ike Brash Lelm and by conc traction of inter ill Mikial Taw to Faro Ign countries. Theu filed stale has Infin Satril Ksn her National charter and Bat embalmed ii Asiaa of the Saerty elem Nury Prine Ilca of the con i partition of the Kwh of venue Platee the question Dictlein the part Case in its True Light. If the hear get ims been consummate in in Kentucky if the of have bean Rio fated the result is Ine Vitam Jhai Keaton by is of right entitled to jurisdiction. The Collie Laen ated Deg Ether by Kentucky legislation. Whoever m any in Misri Aid or a salts the escape of a stave from her Hardem. Is Gothy Byju a a Patent mad term of the ids a of fucked a it May still Hia Como is a Malele Aad Perfili. No Man can id or Ahatsi the papa whom Beikof Golty under the statute. He is guilty la to Ether place or slate than in Kentucky. Thero alone the erne it Xmas there Kobe can he violate the Law. Ken Tacky eat Only Teg Staie for be Rolf and her statutes Are Only be exp onsite with her own limit. Hence there can be no in ration of die Erime of abducting slaves perpetrated in a a a Foica Sauile. The conclusion Potlowe. That whenever a or Tiri Kaaea a Iego Vod to a slave to escape from Kentucky it k it of be Liws of this state the crime has been Ike Toimi Here Aasu Here must be the jurisdiction. Kel pm Foese Prin Apke to the present Csete. A ave new to fut Tyrner in j5 you icky in the a Lato it k in pref that to was aided to escape. The a Bayer a i the bar air has been charged with a Parski Paton in Tika Aid reads red. Frae proof shows his. A a a committed so cording to a he Dcfini-4hd so site had Row Gaik has been fastened u Pon the a Miv has he committed that crime it oily k ten fuck yet has he committed it 4ms he violated f not the Kwh of Ohi for there w in that state at All to the ctr Custen Kwh of kit Elly that has been a located and to that v Tir Lakat he account. Biri a fog of the rpt treat we Are met by the ques Pic a in okie state commit a crime a another t answer broadly and be eap. The a statute Kwh and the Cousin spa Zilfi Jwj upon the common Law of great big Tain to my Milr with the Laxer of oar country. A Tuy a Pekin the As a a m indeed i hot in strict Acton Khz with the fun a by in .�.btutol, no Only by us. Lib Friedm which a it it a pfc Quot a of a pm n.m4��ntt� we i in in in. A. Jinn two to it a. Non w the Coart i refer to against Hond the seas and in punishable by the Laws Bat had Itcan Vrol Aitt Ami a to Lee within the of ii Glaird. This another Cardinal and mighty Pine Isle in the Coni position of the common Law. It i the Dii Triue of needs stiff. Tuat this is the Louii Javion Uit it a which the great on of the Law which i have just read Isis. Public policy the Greit fluid per Vadion Prici Lea of Kwh declared the Nec Cesily Ami Llie common Law applied acid enforced it. I fall Siwek upon null Miries sti4aiii this position. Foster Page 349, a peaking of principals in the 2�id be grow holds ibis language. Who must be present m the perpetration Oili Gwisc he can be no More than an acce Sarv Ite fore the fuel except in f to a at cute it and Pat Zicai Jit Stice i that Justice w Uick in due to tha Public tire nto cat if a. Had prepared Poison and Deriv Rich it to d. Tolic and Lollini i Rcd to b. As a Modt cite and d. Accordingly in the absence of a., had so ministered a nut knowing that it was Job son and a had died of it a. Would have Iwen a principal in the murder of it thee cute of iof Nete airy for b. A Cong to Nocell a. Must have gone wholly in Iuni had if not have been considered As a principal. Jii ii if. Had known of the Poison As Well As a. Dial he would have been a principal in the murder and a. If aha edit an soc scary before the fact for the Rutt a a pm in already doth not Here take place Here then is found an explanation for the anomaly in the old England Law that altho a a crime was comm tied within the realer yet if it was not wholly enacted in a single county it could not be a wished whereas if a crime was begun and finished entirely without the re Alan still it to wild lie tried within the kingdom. The inconsistency was caused by the two pain Cipkus Quot have attempted to develop. The first relating to the venue in counties being determined by the Peculiar testimonial character of juries the second icing the doctrine of necessity founded in Pulitic Lutc National policy and governing the venue of crimes Beyonta the realm they were principles it is True yet lie Iii limited to distil it spheres they were prevented from conflict. Bit they were both pushed too far. They Inith went to extremes. The first Hafl Fred criminals who had offended against the Laws of England to escape the second punished Many who were iut properly Ainet Yalile to those Laws. Bui As soon As the principle was establish of that the country whose Laws were violated and Iti which the crime was con Sumonia Teisl. Wax i it told to Juristic Sipai Ike exc Quot aft cd produced by the two principles t have been a corrected. Thi it great principle the result of increased in Tetli Godice modified anti controlled the others. It i danged the first by granting the Juria dict on to the county where the crime had been co minued and rett riveted theoc Corid to far As to allow Jurisi diction of fun Ign of forces Only a portion of which had been committed within the realm it Lecook filed these two features of the Law and Nide them strictly consistent wit i each other and with the Broad dictates of Justice. That the change actually took Poe in the jurisdiction of counties 1 have already amply shown the change with Region a to foreign offers mrs can Leo readily i acid a beyond dispute. Chilly in the i. Vol. 90th Page of his criminal Law say s a it boy a die court of i Tigs Bend i has up j a Ris Klien or offences to in melted Kotul unites under mine Pili Cupar legislative prot Oion yet if any part of the offence be committed in Middlesex where the court aits it May in quire of the whole loan cacti awaits Page 193. A and in general where a statute creates a new felony or offence consisting partly of an act within the kingdom and partly of Ono without and it to be tried where the offence is com knitted it must he tried where that part of the offence is comm sued which is within the see also 1. S reports Page 6 4. Liis state of the with the Andot constr firtion of the common Law Whit i votive previously quoted to Evelora Learty a great and fundamental change in the f Riu cites and extent of Juristic Tom. The Juria diction Over offences committed in Cliff Erent counties and in different to unifies resting then at the present Der up Ike same a principle. All the Sov acc Iii Tho Jurhad Siaion of counties As Well As to to rating to do fact Ken oms Are properly by Lajqi liable to and illustrative of the Case before the court. But sir the cases in the Hooks Are not confined to such As involve merely the Juri Adili in of Aii recent counties they reach the a Mesiton of jurisdiction where a Pott Toa of the offence is committed beyond the Anas Tvr Emo la 1. Espi nasal s Repurta p. 6k. Tho Case there reported arose upon a charge that the accused thing at Antigua in the West indies a had Purchase Din England certain stores of Whitehead and co. At a certain nominal Price agreed upon Between them whiff Price a charged to government on i returns to the Navy office and that by collusion Between him and Whitehead and co., the latter had made to him i conk Dorahle allowance in such nol Hinal Price which allow Ance hectic served to his own use by which government was defrauded to a Large the Eviden a showed that the did Vifot been ill s a Gand during the c trans Aci Iati charged. The plea was to Ike jurisdiction. Loid Ite Nykolin delivering the opinion to of the court observed that As Foy several false charges by which. Government was defrauded had been in the a Verat return made by him from Antigua to the Navy office in London thet thereby an of venue was committed in London which had Iteen Complete by the returns having been allowed upon which the Janris diction of the court attached. He further observed that had the criminal Mattam Iscon wholly shroud the plea to the jul read Ilion would have been suet Tintel. Here sir is a crime committed by a person thousands of mites dint she from the shores of that country which claimed and exercised Jis diction of his can in and which mutually passed judgment up on his guilt. The question then whether a mane log personally present in one state can Cio Init a crime in another i concave Mohave teen fully and answered. But it May be asked does the principle first established apply to cases where the crime has been Perpet Ralet by an agent sir it w Ould he difficult i apprehend to define distinct Bri founded in reas ii Between tha two cases. Qui Pudt per Aline Freit per pc is an adage of unit meal acceptance in Legal construction. Its Wisdom is he who a on Rivas and darkly schemes yet strikes by the hand of anon Leer flies not thereby rid Hon set of the Small est portion of that Burden of guilt hich is fixed Apon him but this quest in must be settled by authority and put Ece milk riot simply by argument. Chitty in the 1. Vol. Of his criminal Laiq tse 11, states that if a shot be fired Tri one non Illy or provision fold i a littered Effi Ich becomes Wiital Case. Let us turn now 8ir, to our a a statute upon which Inifi trial is had. In hat Siu tute Crew ret the crime charged upon the prisoner. It is a new it once in the criminal code. By the terms and intention of the to Latuli As Well As by the nature of the crime it has been shown to Tell who Are guilty and chargeable under the statute Are principal a that no nicest Aries As arc defined by the English Taw were contemplated or a scaled. The dist Octiva then which Ola Aind in the common Law of England but Vicen the cases where an Iii amp cent agent was employed and a Here a agent wins employed in the perpetration of crime has been Virtu ally abolished by our Ato Lule. For that distinction depended upon a distinction Liet Wen pm Dpi Mii Eros Laerm guilt w Shirli is not i i sized by the Kif Funky statute. We Are then fully author izod in a plyme j of Agency generally to the crime before of and to i 8taii% the Law which it Verne this ease to be that or arc a a Soni Liy agent either guilty or inner Riv procures a of of a slave from filis state though he never was a rate filfly in uie Bitite yet is he indictable and Puni liable in the state a Here the crime is that is in Kentucky. The result is the same if we apply the second principle which was noticed in the cases from Chilov that the crime was Punis Hahie in the county where it was contrived because it was not triable elsewhere. In tiie present Case the crime exists Only by the statute of Keiiti icky and is punic Hack Only by the courts of Kentucky. The crime docs not exist in Ohio nor As a con8cquencjo, it Pun Ali be there. The crime would go onkiii�8hed, were it not punished in lamp Tucky. The Doc Irinio of the necessity of the Case As uus lifting and enforcing the la v of Agency is then fully a Feste. A not the arg Mejil Complete. Sir but to prove beyond the Power of civil tit the procurer of a crime is always Priit stable wharf set is provided Tho distinction Between print pass and accessories does not operate and provided also that the crime is not punishable Elsaw Harp i will refer the Ctm Iii to a Case fully illustrating this principle. I read from a cd itly a grim. Law 191, a if a Fierson it Ireland procures another libel Ai wed Mintert he May be Audi cod in Middle Tex this principle. Sir is founded non Tho Case of the King a. Robert Jan so As reported in 6 East 583�?61 2, and East. 65. Johnson was an Irish judge who Hail As it appeared in evidence written a libel in Ireland and enclosed it to William Colvit in Loi Ulon with a Pernest of publication. Cowsett come Lueil and published the Liml in his weekly Register. Slih plea to the uni fat of Tigu me adj Hawk and overruled Ami Johnson Warr bund guilty. In this Case Coli Liett the a ii a coif nol have Licien innocent he was privy to the roote ius of Lite lilies and to its Puld cation and was of no messily implicated in the guilt. Here then waa a procurer acting through a guilty Azcui. The distinction Between n principal and accessory is not Here recognized be cause in the Case of it cml the procurer writer and. Are ail regarded by the Law As the a Etna Cert of the it Ell see 1. Eur sect. P. 206. The Pritt Ciple too that the punishment Inu staunch to the pure of the consummation was Here applied giving jurisdiction to the eng Bih instead of the Irish court this Case then is precisely in Point with the one before the court with Thi exception trial there the crime could have been punished elsewhere Here it cannot hew we have then the additional Groad of the necessity of the Case upon which to base tote Jiaw diction we claim. It was there de cited that such a ground was unnecessary to give the right though the Rase would have been much stronger and clearer in favor of the claim of jurisdiction. In the Dise of the prisoner at the bar we unite All the principles upon which in the event of Agency can be founded. Tho clime is Constam match in Kentucky it is procured through the intervention of a hireling agent the Lawr creating the crime recognizes no accessories but deems All participate Init Prine Ipak and the offence is know i Only to Tho Laws of Kentucky and is not punishable elsewhere. A combination sir embracing All the elements which have been Laid Dovon by tie English books conferring Jurist to Loti and a eat in team to it Simth. A a and Public policy. For sol bks inc in the Long Ca Logue of British till Holtien. By pushing our investigation Farl Hei and inquiring into the reasons of the Law of procure Imil a a we have found it to be they will be discovered to resolve items Etves into three fundamental and elementary precepts of thl common Law. The absent procurer is always punishable where the crime is 1st. When a Tho absent he is near enough to the a Cong of perpetration to Render Lei Wenn Assiz Tance if necessary. 2nd. When from the nature of the crime he is in contemplation of Law necessarily present. 3rd. Where he is by the terms of the Law a the two first principles Are expressly and. Universally recognized by the books. Foster lays Down the doctrine broadly As based on the authority of Falc and the numerous Casos which Are there Given in support of in chief Justice Marshall in 2. Burrs trial p. 426-7-8, comments fully upon those authorities Enid confirms their position. His in a her the venue Unrast be Laid in the latter but it would be Serwise if a. In one costly Shouh procure b. A Gwitt to agent to commit a Muff for in the second Iii eco a Lee in that Case a. Would be an accessory before the fact and to Isible at such in the county where he of Murde rotis contrivance in the other hand if a person of the guilty design a it i a child without discretion la employed in the com Mission of a murder the venue must be Laid in the county the Roche death happen it. Foi Hoy Are merely the instr Rotonta. And the contrived is the principal again same a person by weans of a nip the Erma ism coins in to a in As Pat ctr ii in Hara Tom the Hap a a Oani ated. The Lart of Ohio Ca a or Prtrt the Keni acky Ukia Arian tha m w1jwi my 0m a it Psi my Hee Alae the Laws have not been Yffert Teja Miriem where tha a Rima ii commute do he is Eub-thenrirt>ic��9n of tent Zieky. Wire soil was de Mcra a Miara Law Wara Iorii died. But i shall not Altow this a shh Rutiri of up a it Strong. I will give in so a a i a Quot arime k committed where tha death happen and not where vow. Yer 10/ cent agent procures a felony to be done in another county he May to indicted there though no personally piment thus in Case of a threatening letter sen by the hat nos to a person ignorant of its contents the defendant May be indicted in the place where the letter was Here it is plainly and path a july Laid Down Teaf a person in one county procuring a crime to bad to be in another Btu an in Reemt age Fri a indictable and Phish Sale in the county where Tho crime was comic med. But the Eizig Kwh Law draw a Diati fiction Between the procurement of a crime an a Miocene ageist and the procurement of crime by a gftfi7-Ttf agent. In the one Case the procurer ii pull Shaufe where lha crime was comm Ltd. In the second Case he is punish Able where the crime was contrived. The same i tence however which declare this diff Fence of Jaci dict a a teen the reason which created it. The reason is that where the procurer acts by a guilty agent to Lamade the Taw Anje comr whereas the agent being guilty and actual toy put Tring the deed Lieo Ames the principal in the crime. That principal in this Cash that the agent is triable in the Conn to where the Crilio a completed by Force of the general priv be of Law a idea try discussed. The Ace try that is is surer is triable in the county where he Eon Irivin by virtue of the at tote a amp 9, Edward sch. It. Which declares that accessories shall he Trizil a where their part cols criminality Chat Oil a had the a uror who acts by a nil by agent been considered As a principal by the Ingli Law. It is evident that the a Iri diction would. Jiayou been diff pvt. But that Law Between the a of the again to and be contrivance of Tho procurer. And Whethe to act a id a a Trivane occur in the same county or right it give a a Arate tip sly assign pm diff a a character and Eften a of ent Grade of guilt Wank feel Zenay a diff inc Puni Menta Iid of thai it a that the principal Ahall a tried be Rathe accessory. Began us ing them As two Dia incl comes and separate Tranbao Vioito the English Law consider that t Tere is priority or Pom Section he tweak the a rid agent. 1o mend the two into one Arr thereby the Placo of actual but whenever a a Tatto gho Lishes the Pitin cons As to str nth and War is levied a this doctrine of lord Coke has been adopted by All sul Quant writers and it is Goa tally Laid Down in the eng Hub books that whatever will make a Man an acres by in felony will make him a principal in 8o says c. J. Marsh Sti. This principle taken in connexion with the fact that in England a principal traitor was always i table in the county where the overt act which he either procured or committed was consummated amounts to a decisive declaration that a traitor i incr by procurement or by actual com Mission was triable where the Thearon Washe waa made by the Law a 1 he principle that a owl Uteva will make a Man an accessory m felony will to Nap him a principal in treason a is applicable to the Case under discussion lie cause by our Statuto whatever will make a Ryan an accessory in other felonies will make him a principal in the crime of abduction. The cases Are precisely analogous and uie Imus tray on is Complete. Tic cases of balls run and Swartwont and of Aaron Burr have been alluded try by your i Toner As decisive of the pm Ciple that the place of the commitment of the crime Viust be the Placo of trial. Uliey do establish that principle broadly. But they establish nothing at War with the principles i have hero advocated. I hey however live Lieen re cd upon by the defence As showing that the Juri dirtion of Kentucky does not attack in the present cum. I shall therefore briefly the principles upon which those cases Turret it. The treason of levying War was the crime charged in both circumstances. By the English Law such treason was committed whenever an assemblage in Force took place with traitorous purposes. And whoever counselled or procured such Trca Soa was guilty As a principal traitor. The Federal court in the cases referred to affirmed this definition of the treason of levying War but left undetermined the question whether the recur Erani of irn Sou in this country was treason or nigh Misc Maoci Jendor our const Iteli i. The chief jut in delivering the opinion of the oof it express Lily reserved the decision of that question As being entirely in Necess iary in the determination of Llie mints then Ite fore him. In thefil Paige of Baliman and Swartwout there was no evidence Ali Tever of treason. Traits Roll am were partially but very imperfectly in evidence but m act not Assem Faje was pro veil. The court were of opinion that neither treason nor a High Misdemeanour by proved As having been committed either within the Juria diction of that court or beyond it. They were consequently discharged without being held to trial either at Washington City or elsewhere. There was certainly no Point of jurisdiction decided in that ease. Burrs trial was upon different grounds. There had been an assemblage at Blanner Hassetti a Island within the state of Virginia which was charged of traitorous and warlike. Burr was so mixed to have been in the state of Ohio at the time of the Assem i Dirge yet was charged with it. By the Laws of England had the treasonable act been proved and had his Irocus Emcil of that particular act been likewise in evidence he would certainly have been liable to conviction within the jurisdiction where the Oci was the Viies Leiofi was As to the modification the English principle had undergone by virtue of the two features in our Constitution ruining an overt act to be proved and the trial to be had in the state or District where it should occur. The court to decided. That even Adi nitting that there might still be treason in the United states by Proeu remont which Point was unnecessary then to lie determined yet by operation of the article of the Constitution requiring an Over tact to be proved that the procurement won of become the did Tibet Avert act required my a which thou i he alone Laid in the indict went Ami proved by to witnesses. The procurement then becoming the Over tact required by the Constitution it was necessary that the trial should take place in that state where the overt act that is the procurement which connected the accused with the treason and made him a traitor occurred. It is True that the particular Aci of treason which had Bee u Proco red was necessary to lie Given in evidence but Only for the purpose of proving that Leasor. Had actually been commuted and of shewing the connection of the procurement with that treason. The principal act of treason was not to be Laid in the indictment As the Ovit act upon which the accused was to be convicted hut the pro Curet Neni was to be Laid As the overt act required by the Constitution. Burr not being present at the assemblage at a Island which was the Only overt act Laid in the indictment of course he could not lie tried under that indictment in Virginia. If he was guilty of treason at All he was guilty and punishable in that state where the overt act that is the procurement transpired. The procurement did not take place in Virginia it took place in Ohio. Accordingly he was committed for trial in the state of on that trial it would have been necessary to determine the question which had been left undecided Viz whether treason in the United Stales can to committed by procurement. Such were the principles decided upon burrs trial. To they affect the question of jurisdiction before this court conceive not sir. Had the English Law been uncontrolled by our Constitution the procurer of treason would have Licon Punis a we thes Rinc Lac of reason t and been committed. Precisely the pain cipro we Conte off for but the Constitution by its requisition of proof of an overt act coupled with the further provision that the trial must be had where that act was commuted so qualified the effect of the English doctrine As to make the procurer triable Only where he procured. In the Case before us there is no overt act required to be proved and the English Law is left in its full Force. This is distinctly the difference Between the two Casro and instead of Mili Tating against the principles of this prosecution it is conclusively in their favor. I come now to the last View i shall take of this subject. I be jurisdiction claimed by the prosecution results not Only from the Well authenticated principles of the English common Law but has been expressly asserted by the statute Law of our own state. A Short Survey of the legislation upon this subject will be sufficient the 2d Section of tie 4th article of the Constitution of the United states gives the right of demand for All fugitives from Justice. The Law of Congress of 1193 enacted that an indictment or affidavit properly authenticated should he sufficient to authorize the demand and delivery. The statute of Kentucky of 1815 further required that the delivery should not take place a till the person demanded was properly identified before a circuit judge to whom the warrant of apprehension issued to the sheriff should be returned. The statute of Kentucky of 1820 still further modified the right of demand. It provides that where runway slaves shall have taken Protection in another state a and the owner or owners of such slave or slaves by them velvet their agent Mil a b to Fen of cml of Kef Perm with their approbation Sll have the at if i Egri presence do not re moved such Staves from the state to which they had fled a a and he she or they shall have been indicted for the same in that that the duty of the circuit judge Ite fore whom tonally been within the Borders of the slate Deli Ianda of him. But not done so. On the Coli trav the statute declares that whoever by himself or by agent. &c., removes Tho a Lave shall be subject to the Doma my provided lie is not tha owner or agent. Kentucky then by this statute clearly admit the right of Ohio to demand such person and she has Tio right to refuse the demand. But a admitting the right 1-11a �,1. I a. A ? a upon his trial a he Irre Griova Iio for from the object and she cd tined every Point she and has Only conceded if she had not deemed a Oon fusion in that to Render a procurer present a a he to Nus lie ready t o Render Ami stance to those we o a re coi Milting that particular fact and to give immediate and direct assistance a a net it result from the Nafi ire of the crime that All who Are concerned in it Are legally present at every overt this i conceive establishes the two first propos it Ion. If the Harare of the crime is such that ail concerned in it arc legally present then the distance of the procurer from the scene of commission is immaterial. Me May be Lou Yarrie or 100 it frs Distant it is not in such Case need Isary that h tier person at uss Istance. But suit idiom the nature of the crime then fab proximity must be such As to ensure ills ability of Reif Deting these two principles it will be observed apply Only a a Here the Law admits of accessories. For the whole of inject of this fiction of construct ivc presence is to bring the procurer within the def Nilion of a principal. Where Alt Are principals by Law the doctrine of constructive prosaic is unnecessary and of coarse is. A it �8 not Myjon tension to Coni Eod sir Pihrt the first principle As slated is appropriate to this cause. It is conc led and the evidence is conclusive that the prisoner was not sufficiently near to Render personal assistance. Nor sir Wib i Preim the position that to be considered in Law As it As a necessary result from the nature of the crime though Tipon that Branch of the question much mag Esaid. Bull shall rely upon the Riv i principle Feid Down that a procurer is always punishable where the crime is whenever by the Lam creating the a Homce he is made m principal in the crime. That is the position which above All Othera Sanction a the Justice of this prosecution. Which seals and live to the hurts tic lion of your Honor. 1 have already Atto pled to prove to the court Affell i Trust a that by the statute of Kentucky creating this offence end upon which this indie Mentis Basetti All who in any Wise participate Are considered and punished As principals. If this third principle then of Toto. Its annl Natian. Tax Jimiy apr in join Liaa Putien is of Tio Nablo and is oses to Erly Wittrin your and j Laws i centum. To be eat Raly of Vinced the Ralh of this third. Your to dior has Bol to revert to the Case already cited. Ixia expire Najy alerted a i Jiu Grovind of jurisdiction in some of More example in outliers k 1 Ile Duciole. Chitty 1 vol. Critic. 191, in siting tic diff Elenoe of venue in the two easel who re a procurer acted through an into Curti agent Tod when Home two through a nifty agent gives a a a reason Why he it w a guilty agent in not punishable Ftera the crime w that the procurer in that Case a would be an tue smurf Gajare the fact Ami Tria bile As such in the com to where to was guilty of the Mur Derohm Cpl Riff Bijj a foil the Cost rare he say that where a proc ire act through an Winnai bunt agent lie the procurer must be tried in me Conaty Wueste the death happens via a hat Case a the 9ootri is Zhc print path a dear and to quailed to cognition of the gone rat doctrine but when him per Titipa or ii is rime is a principal by the requisitions off the Law he met be tried and Jhin shed where fhe crib in is consummated his is the ground air of the a a Rio a Irtira exercised in the so of the. Fri Al 1 the it Fly Quilge to tar port Eden 7 b i.hit.-65 for he regard the pm cure writer and publisher of a him. As equally makers of the Lim and Jedi a Miree primp a. Tote same Peipei it the determined the be of he Navy to in at anti Gera. A reported in. I. Est infuse �2, Andrin Ore than Tai it is n Grousl expressly Isa Umed a a nth a Ulm a by Oft web a Shayth burrs Tiiu i p. 4f6. �1� Fri cd amp of he so Zofy Phijit a but a 0 he a Man Iti Atherl Ilyah Zient Otto has counselled or proof add a Trefton this sat of proved by ail Tbone Hooks which treat upon the sul act and which concur in declaring that such a person is a principal Bra Tor. Not Lee Ruso he waa locally present but because in treason All Are principals. Lord Coke says a if Many conspire to Levy War and some of them do Levy the a Stone according to the Riff idiom into one arid treason in it who because to War was Leviti a for in to Oroon a continues lord Coke a a All be principals. Of Ohio to put such person Bly concedes the right of it spirit of the statute it is plat d ceded herself entitled to he Wal the is b forced to Concei person who by agent but without the right of ownership had rescued fugitive a a Lave from Ohio justly guilty and justly liable to Puiri Shinerig she would have protected him declared him not amenable to the Laws of Ohio and directed her circuit judge to discharge him. Kentucky by the act of legislation having admitted the right of Ohio to punish those who though personally present in Kentucky yet procured a crime to lie committed against the Laws of Ohio has adopted the very principle upon a hich this prosecution rests. And whal she concedes to her sister states As necessary for this of their Laws and Domestic policy she likewise claims for she deals equal Justice and will not arrogate to her own Laws what a he refuses soothers. But when she declares a principle in favor of other state a he appropriate it also to herself. Thus we find that in the a us a Equen statute of 1830, upon the same a us acct a he distinctly asserts the jurisdiction which in the act of l 82 o she had conceded to her Iveigh bots and the two statutes Are mutually explanatory of each of lick. The act of Kentucky of 1820, acknowledges the jurisdiction of other states Over her own ii zeus or those within her units when Evit they Liall have illegally removed runway to slaves from those states either by �?otli�ii-evc8. They Lee hit the owners or agents a of tie owners of s Lith slaves an the it of 1830 claims jurisdiction for Kentucky Over the citizens of other 8ta. Is or those within their limits who have a in any manner aided or assisted the escape of slave from Ftp air owners in Kentucky. The term a in any manner a used in the latter Quot statute is in part sex Jilaine by the statute of 1820, As Mcming a by themselves their agents a but is a term which is in fact even More and Universal in its Piplica lion than the terms employed in the statute of 1820.�? thus sir do the two statutes explain each other and thus do they assert the same grand principle of International Law. This right of jurisdiction w hich has been thus asserted by Kentucky we have seen recognized by the Ablest expo unders of the English Law As a Well a Tablit hed feature in that code of enlightened jurisprudence. And sir this principle is in perfect accordance with the a peril and Peculiar character of our institutions. Our notional Constitution was adopted upon the Broad grounds of Mutual Concession Covici Liaison and Compromise. The Peculiar usages and Naii Luliona of the different members of the confederacy were fully recognized and respected. Especially was the right of slavery amply acknowledged and jealously guarded in the charter of our National compact. And to enforce and Render effective these salutary Riser Vatiana a to the general government a in the language of a distinguished a Pounder of the Constitution were assigned Alt Thooe Powers which relate to the common interest i of All the states As Corapi Sifrig ont concede ratio nation while to each state was reserved All those Powers which May affect or pc mole its own Doc Stic interests its peace its Prosperity its policy and its local institution re stores Tommei rotaries abridged p �?�14. Svety being a Domestic interest and a local institution of the most sensitive nature which had been studiously respected by the Constitution it was left completely and exclusively within the guardianship of the Stales individually. With regard to that subject they were left by the Constitution As distinct and to dependant nations. The Law Ofa nations is consequently fairly applicable. I shall Content myself with a single reference. 1 quote from Vattel Chap 5, p. 220. A Justice a he remarks a a in the basis of All society the sure Bond of All Commerce. Human society far from being on Intercourse of assistance and Good office would be no Mger any thing but a vast scene of robbery if no respect was paid to this virtue which secures every one in the his properly. It is More necessary still Between nations than the. Tween individuals because injustice has More terrible consequences in the quarrels of these powerful bodies politic and it is More difficult to obtain redress. The obligation imposed on ail men to be just is easily shown to be a Law of nature we suppose a there to be sufficiently known and Content ourselves with observing that nations Are not Only obliged to perform it but that it is still More sacred with respect to them from the importance of its Here sir is distinctly asserted that Cardinal principle in the social system upon which Kentucky has founded her Siegi lation ingegard to Tho question of jurisdiction before us. It is the undeniable right of All nations to protect their citizens in the Possession and full enjoyment of their property. Here is in impressive picture too of the fearful Cori sequin Cea wih would Road i Shoutd that Privi Riipi not Boros cited inti the impressive language of Rattei human society would income a a vast scene of there would lie an entire Durup ton of the Beautiful fabric of the social sys Tern. All its fair proportions would Tum de into Fra Grants and the Renjus of anarchy would hover in hideous mockery Over the ruins. Sir should it be decided that Liis court has no jurisdiction of this cringe should Kentucky Law be found to be unequal to the Protection of the rights and property of Kentucky citizens should this dark and dangerous league against our enjoyment of property Sac redly secured to us by the Constitution of the United 8tates, be pronounced beyond the avenging reach of our Law i ask you. 8ir, what is that Constitution Worth what Are our Laws Worth what is our boasted Liberty but another and More seductive title for legalized licentiousness and Chail ered narc by 8ir, the consequences of such a decision Are fearful in Prospect they will to frightful in reality. Such a principle will sooner or later burst Tho bands which bind in Beaul Itol sisterhood the different to Emberson our confederacy and will strike a mortal Bioko into tha very vitals of our Republic. 8ir, i have done the decision of the question to with you the consequences of that decision with time alone. Joart said his attention was Welt nigh worn out he could also sympathise with the court whose a Tine end Lieen so severely tried. No Man could Sikand listen for five successive Days to discussion however Able and interesting without being oppressed in mind As Well is body he knew it by experience. He would her fire in Ovgard for the court be a a Brief As his duty to his client would Permil he Kneir the court was anxious that All the person demanded May be brought shall be to inquire into the fact whether he is the owner or agent of the owner or one acting with the approbation of the owner if Ruch he found to be the Case the circuit judge is directed to release him and the governor is bound to refuse the demand. But if it be found on that inquiry that the person demanded is neither Tho o Wner of the Elave Dor the agent of the owner nor one acting under the owners approbation the Law says that the judge is to order him into custody for the purpose of being surrendered to the demand upon Tho appearance of the agent of the 8late demanding him. This statute is intended to embrace Ait cases where runaway slaves have been removed from another state into this state. The Law necessarily Oppilee a Well the persons who have removed such slaves or caused the removal having no color of cd term As to opener or the agents of Uwi lots who have rescued such slaves. To illustrate this Point. Ohio has a Law making the removal Ofa Colo ced Perea from her limits without proof of property before a judicial tribunal a felony. Suppose that a coloured person is removed Froin that 8tat� without the necessary proof. A Man in Kentucky is indicted for it by a grand jury in Ohio. The demand is made of the governor of Kentucky by the executive of Ohio. The warrant issues and the person demanded b hip ought before that Tuircuit judge. By t4% Law of the part soar has a right to introduce proof that to is not the person demanded and if such proof is furn idled the judge is bound to discharge him. By the Law of 1820, the prisoner has the Fulller right of introducing proof that be is the owner of the slave or that he is the agent of the owner or that be ailed with the approbation of the owner. If either of Leto alternatives be proven the judge must discharge him. But the prisoner has not Tho right of Ift producing proof on any other Point nor has the judg the right of in Vest a gating further. Amp of pose theri that the person demanded has failed in his proof touching identity ownership and Agency i ask Yogi Leonor whether the judge is not Botma to commit him Aad the governor of Kentucky bound to deliver him up to the demand sir it Connot be doubted. He has been demanded a Faaao fugitive from Justice a upon an indictment duly certified he is the person demanded and he is neither the owner nor the agent of the owner nor one who acted Vilh the approbation of the owner. All Theton editions of the Law Aref Aliy met yet beefs removed the slave a by himself to use the terms of the statute or by his agent or Quot by one acting with his he is then clearly liable to the demand. Fhe judge has no right to inquire into the manner Lay which that guilt has been incurred whether in person or by agent. That portion of the inquiry to properly necessarily left to the tribunals of Ohio. This a Salute it a Conte ipod bears directly upon the Tori Lief re the court. It object was plainly to protect the slave Holder i of Kentucky and to throw Ait additional safeguard against the negro pro Perry of k in Tricky. It did this by extending As i have said the Field of inquiry of the circuit judge. The inference is powerful Liat the legislature carried this principle of Protection to its fart Liest possible Elfont. Yet they have not protected a person who thou in Kentucky yet procures the Rem Val of a slave from another state by agent this Case is no embraced by the statute and of Murse is not within i a Protection. It would have been easy for the legislature to have Given thisby allowing the circuit judge to inquire whether the person Demaud etl bad per Shemild to fully heard he knew the court a Rould do Justice if the heavens fell he bad listened to the Safe cues of four counsel for the Protection which he Hod never done before it was permitted by the court and he was truly glad. They had treated the cose Nith levity but he thought its nature of All others required the most Aeri pus Delibera lion. The question involved was Impo runt to Kentucky to Ohio Tocher Union. Abolition ate he could speak of but Ith i sgt Hel new they were fanatics and a deluded set men though their convictions might be honest they were All Ted astray. The prosecutors had said Kentucky was Gallant and chivalrous that her sons would Rush to the Boarder strife with alacrity determined to defend their rights or die. He admitted it but though the Romarita in timed and uncalled for. He and the court knew Welt the chivalry of Kentucky they had watched her almost from her infancy their blood had been cooled Dowtin by age and they Koukl rightly deliberate of the con que Acee of War and Border Sti Ife they knew that no Small thing could drive Kentucky to it. She had her govern Merit from sufi men As never lived before Aad Mayhap never would again and he hoped her chivalry would not endanger it gratuity Musiy. Of War must Enow he prayed to god a he would act on the defensive. Kentucky should first cd month them to slay their unholy hand she should not threaten but Tell them All she asked we a Fult fint. Of the Feutral chair act Lan. Oliedia Enovia the taws of god. He knew they were Deluda and she Tull but Olafso. If not deluded they were knaves. There Are men found in this unholy business destroying the fairest government on Earth some sworn to support it if patriotism could nol bind them to their oath religion have contracted it through their repress Nta lives and if not bound thus they should be by morality. He said they Ware All brother of the same com Federal on and so should act. The Peculiar features of the government should Tell Vliem to Stop let her not fall As other Feu bios have fax a to when the laughter peal of exulting monarchs was the requiem that Sang them to rest. But How Long before civil War shall come if he were permitted to judge from the tone of the gentlemen prosecutors he would say not Long the scene would soon commence. Such however was not i deliberate conviction. If come it must he trusted in god he would fixed be ill Bis grave he would rather leave the world than be a witness to the strife. The people of Ohio Are our Brothers their blood has commingled with our own can a few drive us to the fight those who talk so Vanung by of War be thought had not fell in pleasures the attorney for the Commonwealth who had spoken of it so often and loudly Koukl go to Battle with i routed chivalry lie knew his blows would to directed with the rest. A ave Romont that rated of its chivalry and sought a warfare when it could be avoided was unstable and in fall sooner or later certain. He Rad acted in other capacities when this question waa agitated had seen excitement in other places and like the pro writ Ora had acted i discreetly. Free state thought we boasted of our chivalry Btu to intimidate them to drive them from their purposes. The present Case had created unusual excitement paragraph after paragraph was elicited from the Prestos on either Side of the Ohio it had even entered into the spirit of the election. Mahan was demanded of the govern of Ohio As a fugitive from Justice he was charged with having committed a crime within the county of Mason a fact now conceded Hyall to be untrue. Here was fraud. C. Here read to the court the Section of the Constitution of the u. 8. Regulating the demand Law is conceded by All that be did not flee from this state then How came he Here the constr Tulini docs not Reco ize the right of one Utu to to extend her Jurik fiction Over the limits of another state no Man could say it did fugitive from ustice were otherwise provide d few by the demand Law. The prisoner in Here in fraud of the cons Tulion of the United tales who is guilty of that Faurl not Mahan not Ohio a it was brought about by the Nils Conception of the grand jury it was a mistake which men unacquainted with the Law might easily have fallen into. But Mahan is Here. The opinion is now Rife in Ohio that if he was not punished by the Laws of the land he would he subject cd to a Mmaryr Justice. He Woald Here on behalf of lie Pri Stoer acknowledge the Courtesy of the officers in a Fiose a it do he a they acted As kentuckians Alt Ouid and he hoped would Ever act. He would a sure the citizens of Ohio that this was not the country of mobs and in �?t1 was his boast that trip supremacy of the imps Hod never been in erupted. Kentuckians would not Ofta Lovily Opp sos a Man who was unable to help himself. Tote a mover him Milf was con visited of this to had Lien treated Iii or. There were a of aet of Winga who prowled Abott with Slavca for a Liskey bread and meat amp a. And rendered them uneasy and excited Vliem to they were Deti fused Pielow the character a of men they deserved no Many a kindness they were a nuisance to society. He knew Mahan if acquitted could go Bis Way in peace he was Safe from All but blackguard no True Kente Kialii but would treat him kindly he trusted Esaid nothing but met a Hearty res poise in All who Henna him. He a startled at the numerous Atli Ortlieb the gentlemen had Toto Ducco to prove As Legal and right to try him a he Wasper hapa bound in c�urtesy4o notice Sony of them. The crime he wus charged with was odious and calculated to Barro the fee opt. The odium of the Crima the alarm of the pm Bic mind could not influence him what he knew he was acting in his pro Alfona duty. Re Putli sul Ojst him to Reat Morlini Carioti of be Loti old for a Norai Teol Tio Lieve the Corm would not act also Irreg Pec live of the Pat lie mind. He was proud to know the court Imd Tristea tide Cas with great dignity and attention As Raun As any court could have done and he was delighted to know that Matian apr printed it. The Hod go Ajla Villi in he was advocated and defended by Kentucky counsel was tried by a Kentucky judge and jury a it was True Ohio Beta her Rupie tentative Here but he was net Here by the pro Cora ment of the prisoner. He Felt As did his counsel that Idle declarations and Reading newspaper in of the most exciting Mere questions of abstract.ner8�?was not editable to the administration of Justice. The prisoner was not to be thus bin thened with the i Cults of others he was Asha Meff that the prose ton would resort to this the prisoner was As much entitled to Protection from the Commonwealth a from him and therefore they should not Opp Ewi him Tine Cessa Rily. The prosecution have insisted that the jury Aho Tifai he the judge of the Law and the facts and bad Ati nost of croat ened tie judge if be wrested it from the jury they exp Rew de great Confidence in the jury As Irell a Ibe court. A also could t ust them. He Ifould like to see the Yir Ghiaia blood of the court aroused he Kne he was regardless of mean claw he could also Trust to the jury for with a single exception he bad known them fro a childhood. He waa. Astonished and alarmed at the Independence of the prosecutor who had dared to advise the judge to his safest hours i did they mistrust the learning of the court they protested not a they conjured up too Many alarming topics too Bony scarecrows Asl a termination would prove. The evidence is insufficient to sustain the indictment because it charges the prisoner Witk the commission of a crime within the Bounds of the county of Mason. Them is no evidence Ieie Dingo so he bad Ever been Bere. To Lac court can have no Juristic ten Over a Man that was nov air Litho stale. The gentlemen have a ought to place him in the hands of die jury that they might convict him by construct tip presence he knew of no such adar diff in the Law. Though the statute of 1830, a rooting this offence had not specified upon its face who should be principal and who accessory yet the common Law had so defined them to it a have Many Sta Hites creating offer Chis without specifying the degree of guilt it is my to the common Law will Tea gentlemen deity there ate accessories to Morder but Guot Lemen urge that As the avid Antte has gone to Tho july it could not be withdrawn by the court however illegal. 8upptise had produced evid Coop that prisoner had stole a horse would the deny the right of the judge to instruct the jury to disregard it evidence having found a its Way to the july through neglect of counsel,.could always be withdrawn by offic judge if illegal. The court would scout at any other idea for lie knew Bis Doty too Wem. The court was the Organ of the Law it bad Ever been a both in criminal and civil caws however gent Ismea May draw the distinction he hoped it would be so Here. It waa not Only the Power of the court to be the Law but it was Hia duty. Saturday morning. Or. Chambers resumed. He would hasten to dispose of the preliminary discus win to wished top Ingres with the Irgaz grounds the prosecution had pursed with so much ingenuity. Slate right was a political name he had never a Een it enter into a Legal Tribu Barbre. Me was no Nullifier he held no such do Rine w4ien a question As to the Sovereign Power of a state tie was Thea a slate rights Man each state within its own limits is Sovar eign and cannot Lee in rigged by another. It is a Funda Mea Tal principal of political Tvr and i self evident to All. Kim Tucky has no jurisdiction in Ohio though the citizens offend our Law. Our courts have so frequently decided. He thought if the counsel for prosecution stood in his place they would Haro Tho same to Pinion As him Roif tit they Arete influenced by Delit Verale con victim. The Gea Leinen to Teller to the to Aid Ibe a National Law it waa foreign to the Cimisi tuition of the u listed states superseded it and Reg it plated our actions in its Stead. It had settled the obligation a of states they were no longer like nations influenced by the National Law. It would be better to let the guilty Caca i than travel without the Pale of the Creneti tuition. He waa amazed at the use the prosecution made of the demand Law they Hod distorted it from its intended operate soft he utter stood it i serenely the of the United stat a provided the demand Law and the Tegi Lalion of the is act Ive Stales could riot Tater enlarge or abridge it. Blackstone was read by or. Chambers to explain that difference Between principal and Tec aary. They were a fined that the secured might Kay a How to defend i and. Tie venue was a matter of of Taney if the prism Ner was uti acquainted with the venue How could he properly defend Iii Useir though the statute of i83ft admits of principal and a a Pessary because not specified upon its face to Toto Eoo tray yet this court cannot enquire into the degree of Tow prisoners guilt there was no or Trio proved to have Boa committed by the. Pri our within the of Ossa Tucky the counsel wish to bring him Here by constr Idva presence because of the Chain extending froma Kentucky to Canada of which the prisoner is a link. Or act waa Tho Only witness that proved that fact hence he thought the Chain was not rightly connected the false pretend a made use of to obtain confessions of the prisoner tha keeping of tie Money which he. Was not entitled to oetling As tie tool and cats Paw of atoll a Eon Vineeda him that a was an interested Watnaas. But what does his evidence a mount to that fief teen negroes Tia passed through the pria onery a hands within a month that two of them belonged to Greathouse. Ii tatters not what umber passed through there was no hug action urm prisoner to Seise them and Send them Bock. The statute of Ohio read to one Waite Why or. Payne showed that she acknowledged and re Odahl ouf rights. When that statute passed Matten bad get gone so fat. Ohio he treated would hereafter provide an. Exemplary punishment. The evidence did pot prove a connection Thal would make Tho prisoner guilty Here i be Fea. A Ion amounted to nothing More than that a a a coloured Ffriend sent Liim Alt he could a ?1 there was a line of Fri a Tudi who paid their passage to Canada this is Alt that aided Lini imagination of Greathouse in framing the terrible a a Sass. There was no ground to believe the Clain was feb Road a the instigation of the prisoner. Admit the Honey of Zwir. Rock that he did not filch from Bis neighbor that Date wig not the cats Paw and tool of another Many give my cd Frea a cd teach Anil thare Ianh Fri a t �?�tl1i.griit�ih let indict Tient Tho Lex Loci should alone Ope tale Polhe Pic a Nien the friends be they where they May Trio High in Taffy Aad concerned alike do nol make him amenable in an to Boj his own. Take it for granted Leaf the a Javine Hick wit was in concert with the prisoners that he was Amund by prisoner to Send All the self pcs he could to Ohio he if Jook guilty by the common Law. The constitute lbs also magi the defence is every Point to which they Hava Aburaad it provides that in All criminal prosecution is tha Acee shall be tried in that state we the crime by Art impartial jury of the Vic Inage and Shur be a a fruited of the nature of the charge. The Pri wooer up not in tha a Tato where he committed Tho offence where wite Afan knew most of All others about his transaction Caff be Coo fronted by him. It is Mahan newer had been of a Kentucky yet they bring him Here by constr oct he could not commit an offer ice without being Haro a idiot our Laws so As to give us Juris Dutton be he the to lie ugh trued from one spot to another to suit tha prune Letim. The defence have urged that a trial should Bewsher Qlee crime was consummated was Tho Comite i Kentucky in the care put by the defence of a Man shoe Frog from the Oppi Isilie s de of the kilo River and Kwh bag a mid in Kentucky the offence Headrail Tel int Manni nisted i this state was Atta Clute Here. Tha jct Tho Irish Labeller had been frequently alluded to by Thel ution but he was Aston a at the idea they intend inculcate. The if filiation ii a the off ice not i where he Pumi Callie was malt be there the if Hotep won Trifo Bic though 100 Miles Distasi. This also applied tote Joe Ito ing Case they were As go tit As if the hid Apulu idly in Jolial the letter or shovelled Down the Totaan we their Ovig Hanels when the offence Wai commit then did the diction attach. A there were some authorities he a a Ltd to a la ble himself to advert to Iii chitty As rea44ty4hir a covered by his erect Dong ground Tho Ronni Tiplin it Trig to look to. Font Leviten had Arpad Maup Ftp a of Trine of and Public wait a a rats. Foster spoke of no neck Tel my a arise Hare Foster liked in Ihu age at m

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