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ing him is unconstitutional and void, the own
er or his duly authorised agent having the right
to arrest and take his slave wherever he finds
him, without process, and without first obtain
ing authority from any person or tribunal what
ever, provided he can do it without commit
ting breach of the peace-that this right is
secured by the Constitution of the United
States, and cannot be abridged, controlled, or
regulated by State legislation. Thatan adver-
tisment by the owner of slave authorising
any person to arrest and return him will be
sufficient to constitute any person to whose
hands the advertisement come, the agent of
the owner, and such person may take the slave
in the same manner that the owner might
that in this State, all persons ofwhatever color
they may be, are presumed to be free until the
contrary is proved, and that the burthen OF
proving that the persons arrested are slaves lies
upon the defendant-that if the negroes were
free and the defendant arrested them unlawful
ly and with the attempt to take them to parts
without this State, he is guilty of kidnapping,
and liable to punishment. And that if the
negroes were slaves, yet if neither Cramer
Brown, Still, nor Blougher had any claim tc
their services, nor any authority from theil
owner to arrest them the defendant is guilty
of kidnapping and liable to be punished if he
unlawfully arrested the negroes with the in


tent to take them to parts without The State


The Jury found the defendant guilty and the
Court overruled motion for new trial anc
pronounced judgement that the defendant


make his fine to the State in the sum of one
hundred dollars and be imprisoned at hard la


Dor in the penitentiary for two years.