Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1844-07-26

therefore, that the first and only thing that can be
done, is 10 take out habeas corpus in the Uni
ted States District Court, with view of setting
aside the Virginia requsition. If this be done,
there are three points to be raised as reasons for
setting it aside first, that there is legal proof
of his being the man really indicted; second, that
if the same man, there is no proof of his having !
done the thing alleged, sufficient to authorize the
requsition; and third, that as slavery is against
natural Justice and common law, the escape of
slave is not, and cannot be crime; and therefore
aiding him to do so, cannot be crime within the
meaning of the Constitution The two last points
you perceive, are great law questions; the one de-
Gliding the question of the right and obligation oil
one executive to go behind the requiston of an
other to Judge of its validity and the other dec-
ding the point Of slavery's being contrary to the
law of nature. The able arguing of these points
before the United States Court, would be a good
service to the cause of freedom, whatever might
be the final decision; and seems to be the only
way in which Mr. TOrrey can have the earliest
release from his present confinement. If the de-
clson in the first instance, IN the District Court,
is in his favor, he is at once free from the Virgin
ia detainer, and can be released from the other on
bail If the decision should be against him, he
might then appeal, and meanwhile the District
Court could and would receive bail, and that done
the other case would be disposed Of in the same
way.
The question then submitted to the friends Of
freedom in the case is this: Shall Mr.. Torrey have
or shall he not have the means for full and ade
quate legal defence? Shall he or shall he not
have the full benefit Of the law? And, whatever
the result to him personally shall the case be made
the occasion of testing before the Supreme Court
of the country, the two all important law ques-
tons have indicated, or shall it be allowed to go
by default, and he be turned over to the tender
mercles' Of Shareholders? | presume there will
be but one answer; and that answer, doubt not
Will report itself at once, in ready cash RENTED
TO j. w. Alden, for the "captvty fund"
1t should be generally known that Mr.. Torrey
! was not mere transient visitor at Baltimore
He had been there three or four months, and from
all he could learn, supposed he might reside there
with perfect safety notwithstanding his long knOWr
activity in the cause of abolition. In this conf
dence he bad completed arrangements to go into a
regular business in company with two other gen
tlemen, and had sent for his family to come an(
reside with him, and they were preparing to g
at the time of his arrest.
Since his arrest he has received constant kline
attentions from the good lady with whom he hat
| boarded. Herself, or daughters, have visited hin
n daily in prison, carrying from time to time, suc
articles of food, &C., as would somewhat alleviate
his condition. Still he is the companion Of felons
had some money stolen from him by one of hi
d feIlow-prisoners the very day arrived; is expo
" scu lO lne FeTIlllH Vi an Olu tnflce COnuenne
, prison.; and is denied the privilege of neat cot
provided by his friends, for his comfort and protec
+ ton. 1t should be stated that the reason for refu
O sing him the cot, is, that it would make distinC
- ton and so create dissatisfaction among the prison
- ers. | cannot but hope that farther considerable
J and the interpostion Of friends will yet secure
o and other comforts for him. But after all that tn
lcniency of the jailor can consistently allow, an
all that the kindness of friends can do to alIevia
it, that old Baltimore Jail is no very desirable re
III dence, through the long hot summer months, tt
t. free man, not even charged with any ofense sa,
tie that ofhelping human beings into freedom, in
-, free country
y will confer with you fully respecting the ca
5 on my return. Meanwhile let the funds be fort
I, coming. And allow me to suggest, also, that
N they cannot minister in person to Mr.. Torrey
. his present confinement, the coed sisters in Bo
'' ton should make up little expression Of their r.
to CARDS for those real 'sisters of charity" in Bal
as more, who, at not little Inconvenience reaC
a. and willing to fulfil that service for them sha
= be right glad, on my return, to communicate it
H. them. Yours. truly.
IS A. A. PHELPS.