Reclamation of Fugitives From Service An Argument for the Defendant Submitted

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37 amples, be applied to the case before the Coiiit, and can there be a reasonable doubt, that the words "after no- tice, " used in the law, refer to a state of facts which is not described by the words "well knowing, " as used in the declaration.
I do not insist that the notice shall be written: but I do insist that notice must be given — and given by the claimant, or some one acting, for him. Notice to an en- dorser of demand and non-payment need not be in wri- ting: but notice must be given
...by the holder, or some one for him. Knowledge of demand and non-payment is not enough; there must be notice from the party who asserts the right. And this example seems to me to furnish a clear illustration of the principle. In both cases the ob- ject is to fix a legal liability, which would not exist without the notice. The only difference is, that the ha- bility in the one case is for a penalty, and in the other for a debt.
I close this part of the argument with a single ques- tion ; — Is there one case, in any book, in which a requisi- tion of notice to charge a party with liability for a pen- alty, or even for a money demand of any kind, has been held to be satisfied by proof that the defendant knew the facts, of which he was to be notified?-^ (1) I ask attention to ihe following passages, which I extract from an essay, drawn up after the trial iu the Circuit Court, by an able and learned lawyer, in no way con- nected with the case, and having no sympathy with the views of abolitionists.


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