admit that in
the management of this case he has displayed an ability
beyond his years. This is the first prosecution ever
brought, so far as we can discover, on this
slave-stealing statute, either in this District or in
Maryland. This statute, of the existence of which few
lawyers were aware,--I am sure I was not,--has been
waked up, after a slumber of more than a century, and
brought to bear upon my client. It is your duty to go
into the examination of this novel case temperately and
carefully; to take care that no man and no court, upon
review of the case, shall be able to say that your
verdict is not warranted by the evidence. If the case is
made out against the prisoner, convict him; but if not,
as you value the reputation of the District and your own
souls, beware how you give a verdict against him!
"You are not a lynch-law court. It is no part of your
business to inquire whether the prisoner has done
wrong, and if so to punish him for it. It is your sole
business to inquire if he be guilty of this, special
charge set forth against him in this indictment, of
stealing Andrew Houver's two slaves. The law you are not
expected to judge of; to enlighten you on that matter,
we have prayed instructions from the court, and those
instructions, for the purpose of this trial, are to be
taken as the law. The question for you is, Does the
evidence in this case bring the prisoner within the law
as laid down by the court? To bring him within that law,
you are not to go upon imagination, but upon facts
proved by witnesses; and, it seems to me, you have a
very plain duty before you. This is not a thing done in
a corner. Take care that you render such a verdict that
you will not be ashamed to have it set forth in letters
of light, visible to all the world.
"There are two offences established by the statutes of
Maryland, between which, in this case, it becomes your
duty to distinguish. Everything depends on these
statutes, because without these statutes neither act is
a crime. At common law, there are no such offences as
stealing slaves, or transporting slaves. Now, which of
these two acts is proved against this prisoner? In some
respects they are alike. The carrying the slaves away,
the depriving the master of their services, is common to
both. But, to
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