Awarding and Processing of a Certificate of Removal in the Matter of Moses Honner, Fugitive Slave
3/28/1860
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Documents details the court decision in favor of the claimant and the application of the court's certificate allowing removal of Moses Honner to Viriginia.
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Case of Moses, sometimes called Moses Honnor, claimed as a fugitive from labor by Charles T.
Butler
The claimant produces the copy of a proceeding in a Court of record in Virginia upon his
application made conformably to the provisions of the 10th section of the Act of Congress of 18
September 1850. This copy is duly certified conformably according to the requirements of the
act of 26 May 1790. An objection to its reception as evidence has been founded upon a
suggested partial alteration in the last sillable ^ latter part of the Sirname of the alleged fugitive
wherever it occurs in the document. The means of identification of this party, in his Christian
name, in the name of his alleged owner, in that of the place where the service was due, and in the
description of his person set forth in the record, render exact precision in this [part?] of the
Sirname of trivial importance. There is nothing suspicious in the appearance of the
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document; and, according to the decision in 11 Wheaton 408, there is no legal reason to presume
that the alteration, if there was one, was made after the record was officially certified. It The
transcript therefore was received as evidence. In the record, the conditions of the prescribed in
the 10th section of the act of 1850 appear to have been fulfilled. It certifies the escape of the
party, and that he owed service to the claimant, and contains a sufficient description of his
person.
Under that section of the act, the effect of the exhibition of the transcript of this record is to leave
no question for my consideration except that of the identity of the alleged fugitive. On this
question this point the claimant has examined examined several witnesses, who, with means of
knowledge the most ample, depose testify positively to the identity of the person claimed. This
is [uncountered? encountered?] by the contradictory evidence of one witness only [of?] no
comparative weight.
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The Supreme Court, [illegible] in the case reported in 21 Howard 506, 526 has having expressed
an opinion that the act of 18 September 1850 is constitutional is, in all of its provisions, fully
authorized by the Constitution of the United States, The [latitudinarian?] tendency of the
argument in this case which might therefore perhaps, have been properly repressed by the Court.
As this was not done, it ought not to be passed over without an expression of regret.
It is the It is my duty to award a certificate to the claimant of his right to take the party according
to the provisions of the acts of Congress.
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252.5.4 th
In the Matter of Moses sometimes called Moses Honnor an alleged fugitive from Labor}
Award of the Judge
filed March 28, 1860.
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[Primarily printed material]
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[Primarily printed material]
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In the matter of Moses, sometimes called Moses Honner, claimed as a fugitive from labor,
Charles T. Butler, the claimant and owner of the [bond?] Moses, sometimes called Moses
Honner, being duly sworn [saith?] – that a certificate has been issued to him for the removal of
the said Moses sometimes called Moses Honner, to the state of Virginia, - that he has reason to
apprehend that such fugitive will be re[moved?] by force from his possession, before he can be
taken beyond limits of the state of Pennsylvania in which said arrest was made. – Wherefore he
prays that the Marshal may be required to employ so many [illegible] as he may deem necessary
to overcome such force; and that he retain them in his service so long as circumstances may
require.
Sworn [illegible]
March 28 1860
[illegible signature]
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1860 March 28 order accordingly.
filed March 28 1860This primary source comes from the Records of District Courts of the United States.
National Archives Identifier:
279025Full Citation: Awarding and Processing of a Certificate of Removal in the Matter of Moses Honner, Fugitive Slave; 3/28/1860; Records of District Courts of the United States, Record Group 21. [Online Version, https://www.docsteach.org/documents/document/awarding-and-processing-of-a-certificate-of-removal-in-the-matter-of-moses-honner-fugitive-slave, March 29, 2024]