Ex parte Simmons
U.S. Circuit Court for the District of Eastern Pennsylvania
This was an application made to WASHINGTON, Circuit Justice, in Philadelphia, out of court, by Mr. Simmons, under the third section of the act of congress respecting fugitives from justice, &c. (see 1 Story’s Laws, 274), for a certificate as provided by that section.
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This was an application made to WASHINGTON, Circuit Justice, in Philadelphia, out of court, by Mr. Simmons, under the third section of the act of congress respecting fugitives from justice, &c. (see 1 Story’s Laws, 274), for a certificate as provided by that section. The evidence was, that Mr. Simmons came to Philadelphia from Charleston, South Carolina, where he resided, and has plantations, in February 1822, and rented a house for one quarter, which he furnished, and in which he continued to reside with his family for three quarters and six weeks. That he brought with him his slave, as his…
1Opinion of the Court
By
WASHINGTON, Circuit Justice.
The judge refused to grant the certificate upon the following grounds:
1. That this is not a case within either the words or the intention of the third section of the act of congress, under which this application is made. That relates to fugitives from one state or territory to another. The words of the law are, that “when any person held to labour in any of the United States, &c. under the laws thereof shall escape into any other of the said states,” &c. the owner or his agent may seize “such fugitive fronj la-bour,” and upon proof made to the satisfaction of the…
2Cited by3 opinions
- Jackson v. BullochSupreme Court of Connecticut · 1837
- Anderson v. PoindexterOhio Supreme Court · 1856
- Collins v. BilderbackSuperior Court of Delaware · 1849