Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-11-08
JSo. A. GARDNER,
8 sAI II Ns M;,t,9.s' Secretaries
SUPREME JUDICIAL COURT.
~ 4

! Z. ii. McGISsIs,
| SUPREME JUDICIAL COURT.
| Boston, .aonday, Oct. 81.
The CASE OF Yesterday forenoon, bis
Honor Chief Justice Shaw, held examination at the
dwelling of Nathaniel Coolidge, Deputy Sheriff and
Jailor second writ of habeas corpus, IN favor OF
George Lamer, alias Albert Mason, claimed as a iu-
oitive slave by James b. Gray, OF Norfolk, Va. The
OF pa rites concerned in this have been
various, that presume few OF our readers rightly
unders and The true position OF lanier, IN the eye oi
TIE law, at the present tme and We, therefore, give
brief sketch of the order of events, they have trans
pred in tie Of the legal proceedings had in the
premises
LIST, 1t is admitted by Latmer that he away from
the service of Mr.. Gray, IN Norfolk
| 2d Mr. Gray arrived in Boston on The 18Th OF DC.
tober and on the 10Th had Latimer seized fugitive
slave and placed in the lookup in The Court house.
Sd lie was complained against as "lugitive from
the Justice Of Virginia. the allegation being that he
had broken open and robbed Mr. Grny's Store. On
this complaint q warrant issued, and Constable
S,,alton took him into custody, and committed hun 10
jail.
l,h Stratton was also appointed by Gray his ngen,
10 hold Latmer fugitive slave
9Th Messrs. Merr, and Sewal counsel for LatImer,
obtained wri, Of habeas corpus calling upon Straton
to show by what authority he restrained Lamer OF his
| liberty.
| 9Th On the hearing the writ, Stra'ton exhibited
! his warrant from the Police Court, and power OF
Attorney from Gray, claiming l.. as his slave. The
full court decided that Sralton might detan him
agent for Gray, till there reasonable opportunity
for Gray file application 10 the Judge Of the Cir
cut Court.
IN. +. G. Austin, counsel for Gray, withdrew the
prosec u,ion in the Police Court. The court decided
nothing in respect 10 the Police Court warrant.
i s,h On the same day. Mr. Gray made his application
to Judge Story and fourteen days were allowed him 10
produce his proof.
i 9;h Latmer thereupon placed in the custody Of
| Mr. Coolidge, iai!or tie agent OF Gray.
10th The counsel took out writ of repevin un-
der the Mass of 1857, chap 22 the LIST section of
which is follows:
al any person Imprisoned restrained of his liberty
or held in duress unless it be the custody OF some
ruhc officer of the law, by force Of iamfu naTrdn
or oher PROCESS GIRL criminal issued by court OF
competent jurisdiction, he shall be entitled as OF right,
to the writ Of personal repevn and be thereby deli
4 yercd in lie manner hereinafter provided.
The act further provides, that the party 10 be berat
ed shall previously give sufficient bonds to appear and
| prosecute his repevn in the Court of Common Pleas
next TO be holden in the county, nc.
This writ was served by Deputy Sheriff Pratt, on
MIR. Coolidge, who refused to deliver up La,lmer,
although sufficient bonds in $1,000 were offered ten
sureties in Sl0O each having signed the bond
Fl lllh The counsel for Latimer now pelltlnned for n
hubeas corpus 10 Chief Justice Williams, of the Com
mon Pleas, (neither Of the Judges Of the Supreme
Court being at the same time, VIZ Friday last wthln
ten miles of Boston The writ issued forthwith,
commanding Coolidge 10 produce Latimer before Chief
Justice Shaw Monday (ycscrday)
/ l2,h Yesterday, Coolidge produced Latmer, and
justified the refusal 10 obey The writ OF replevn, upon
the ground that he had rgh,o hold Lnmer, as agent
for Gray.
Messrs Seyynll and Ellis maintained that Judge Story
had no power to order the detention of Latner until
proof of his being slave were Produced and therefore
Latner came precisely within the meaning OF the acl
above cited; and that te Circuit Judge had 10 auiho-
rly but to grant certificate after satisfactory evidence
had been presented. In other words, that the deen-
ton had not been provided for By statute, and, being
a ranst natural liberty, could not be implied MI.
Sewa insisted upon his views ct considerable length.
Hr Sewal having concluded hs argument, his Ito.
nor stated 10 Mr. Austn The other side that 1t was
not necessary for him 10 make any reply, lnasmuch as
the legal Of the remained the same as on the
heuring the first writ by the full Court The Judges
remained satisfied that their decision on that writ was
correct As Judge of State Court, lie had sworn
10 support the Constitution and laws of the United
States That Constitution provided for the restoration
10 their owners Of runaway s!aves-Congress bad pre-
scrbsd the mode of recovery, through the meuium OF
the Judges nj the Circuit and District Conris--and II
was for he Judges of the State Courts TO give full eff
feet to Tia; las That full eitc. could not be given un
less t;ac allowed for the production OF evidence
and lime for i.na regular, and deliberate judicial Inyes
tsaon 10 deny ths reasonable time, might be danger
Gus the very liberty sought TO be protected suppose
man should lie claimed and seized as slave, end pre-.
eumptive proof lie Instantly produced against him
snoGd not The party claimed be allowed reaSona
able time send 10 his hnmc al the South or esew here
Tor his Zee papers if he had any, and thus free him
self from the presumption raised against him by the
claimant perhaps by fraud sid aisehood AS TO the
law of 1887 il was enacted by !ho Governor ard I've
Houses Of TIE Legislature alike 10 support the
Constitution and laws OF the Union, and they could
nc, pass any winch would conflict with these superior
obligations Therefore, the section Of the statute re
lied on could not be construed embracing fugitive
/ slaves Such 'persnns must be regarded as e1cep
tons. and concerning whom Tie statute is imperative
or these reasons his Honor would decide to leave La
49, ola lntr
snmirg as matter OF course, that he action in the
premises had been iny according 10 the Constitution
and laws of the u. S.
UIoa tie announcement of this decision, Mr.. Cool
: iJse returned Latimer 10 jail.
Eigh Sheriff Eves,h was The acting officer OF The
Cour, Mir Garrison and several leading Aboi;ionsts
the only spectators present, unless reporters be
considered in that light. The City Marshal had sta
toned efficient body OF police in the ,l yurd to be
adincsS to act If The coored people shon!a collect
.cd attempt rescue. There gathering, how
ever III Tie vicinity Of The ja, as be, very few persons
knew that The examination 10 be held in Mr.. Cool
idge's house.
The examinations under Judge s,orys order, will be
held on Saturday next the Circuit Court room, and
y Mr. Gray produces prma uee evidence support Of
his claim the Judge will certify the fact. and Cray
will be authorized TO take Latimer back to Virginia.
i 6oytnn Post.
above, ,ir. Coolidge only he'd anrr
is Gse.; q Cray
The proceedings Of The Abolition meetns in Boston,
10 which we briefly alluded yesterday appear TO have
been outrageous almost pasi endurance The speeches
of the Abolition orators described in the Boston pa
pers as being abusive and provoking, cmos, beyond
precedent One Of these speakers, named Phillips, We
believe spoke in The most oppobrous terms of Judge
Story and indeed of every body else, that did not be-
long 10 their sanity sac,eiy and who did not agree
., once 20 assist in beraus runaway thief from Tie
South One hardly marvel that Boston audi
ence CONVENED III Faneuil Hall, hissed such mscre
ant out of that sacred ediice. Indeed we learn from
one of the Boston papers-t!.s Amercan-that some of
the most respectable Of The Abo.onisls themselves,
were perfectly disgused; Of whom, as he ef, The
Hail said-"Eroza his hour forth IhSre done wiM 7to
;uiyn"-N \. Courier.
! EyrEcT. OF THE TArifr.-The merchants of New
York aud Boston taking measures 10 :nemoriaiize
Congress 'rn,rc. tie shipping interests Ofcourse,
Ar foieci ali or nrotect none that is the Democrat.