The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-12-06
nom d. so..sa Advertiser.


ihe impression that the Judicial officers Of the United
States in Boston, avoided their official duties This
statement has been copied into some of papers In
Mr. Hughes says, among other things, that he called
on " Mr. Curtis, United States commissioner He
wanted ime like the Others, to consider, and requested
us 10 call al O'Clock, p m, which we did. and be then
stated that they had agreed TO have meeting OF the SIX
commissioners and the Two iudges-namely, Woodbury.
and Sprague-hat night. They held that meeting and
decided that the judges should hear my complaint next
msrning in chambers, was then required TO 70 into
court and make my complaint. when they ordered ne
warrant 10 be issued in open court which the clerk did
BY this time II was known al over boston thai me
it," &c.
Mr. Curtis the commissioner alluded to- has addressed
q these % copS Of which has
been handed us, explains fully the taken
that every will understand that Mr.. Hughes received
prompt attention from the moment when he presented
himselfpo proper magistrate. attended by counsel to
act for him in the premises and to prepare his papers
BosroS. November %, 1850
DEAR SIR: In reply to your inquiry, will state such
facts as are within my knowledge concerning the pro-
ceedings which took place here for the arrest Of Will
liam Crafts, alleged fugitive slave. On the 22d OF
October Mr.. Seth j. Thomas, counsellor law OF this
city, called upon at my office. between the hours OF
one and two o'clock. and desired 10 know whether
commissioner of the United States courts, would be
willing TO attend TO case OF fugitive slave My reply
was that could not inquiry whether should
be willing to DO my duty under the law OF the land that
when presented 10 me il would be for me to
decide the facts whether il proper case for
rant Mr. Thomas then left the room, and in few min
utes returned with two men, one OF whom he intro
duced to me as Mr. Hughes and the otheras Mr.. Knight
Mr. Hughes, was Informed, was the agent or attorney
Of some person in Georgia, who wished 10 reclaim ugl
tive slave supposed to be in Boston, and Mr. Knight was
witness TO the identity inquired OF Mr.. Thomas il
complaint had been prepared and sworn to- He answered
ii to be necessary observed that the statute did not in
terms require H. but that il was the proper foundation for
warrant OF arrest, and that should require it. The
parties then left my Office prepare complaint, and
" sep IN O'clock No earlier hour
was requested by them, and earlier appointment could
have been made by me. il they had requested it.
stood that complaint had been prepared and sworn to-
/ then stated TO Mr. Thomas that in my Judgment the
best interests Of this community, Of the law itself and
Of his clients also, required that this should be
issued by the circuit court of the United States then in
session in the court house, which is, as you fanllary
know the other side OF the street. directly Opposite
my Office. My reasons for this opinion must be obvious
10 any who knows the nfiammabe material which
existed at that moment IN this city for il but too true
hat there fanatics and mschlevousy disposed per-
who had encouraged direct resistance to the law
Such resistance 10 be anticipated and In my opinion
to be provided for Under these circumstances, knew
perfectly we'll that no commissioner could give proper
support to the marshal and il therefore perfectly
clear to that arrest was to be made, il ought to
be made warrant issued under the seal Of the court
all the forms of law. know need not say you that
could have had other motive TOR advising appli.
cation TO the court than desire for the safe and certain
execution OF the law in the first that to
in this community.
Mr.. Thomas concurred in all these suggestions, and
added that he should much prefer to have the
issued by the court but that application had already
been made to the judges privately and that they could not
grant warrant which might involve summary hearing
Of several hours, account OF the tendency m
portant patent then trial before jury, which
had already lasted several days and likely to
nue for several days longer To this replied that, in
my opinion, this matter ought to be presented TO the
Judges and il necessary to the counsel and parties en-
gagged in that trial, in light in which they probably had
viewed it, that was OF great public importance, that
the first hearing under this law should be conducted
here prevent the dangers OF rescue; and that in
orier TINS, the ordinary business OF the ought
TO give way for sufficient length OF time TO enable the
judges to receive this application and to hear the case
an should be made then stated the parties my
ery,ination uie Iuuges and to
lay before them the public reasons why this warrant
should issue from the circuit court Mr. Thomas assented
TO this course my assurance that, If could
not be obtained from the court at before o'clock the
next morning. Il would grant il myself
then proceeded Immediately 10 get the other commits.
soners together, and we lbeing four in number viz Mr.
Edward g. Loring, Mr.. b. F: Hallett, Mr. C. L. Wood
bury and myselfl repaired to the circuit court On
private ntmaton to the presiding Judge of desire to
confer with him, the jury dismissed earlier
hour than usual (haf past ve,) and every person pres
ent, except oil the marshas deputies lett the room
and the doors were closed We then stated TO Mr. JUS
tice Woodbury. that necessary be grant
ed, and for thinking IL Of the highest public
expedency that should be granted by the court After
hearing views the learned Judge said that he had al
ready conferred privately with the counsel engaged in the
trial. and had tar obtained their 10
bearing, il should be made add that he would
attend at the court house at half past eight O'Clock the
next morning, TO grant the warrant oil the circuit
court If we would obtain the attendance OF his associate
the district judge al that hour. We did obtain his
attendance, and the issued Of the circuit
court and under its seal .UH.
An absurd statement has been made that the fact that
William Crafts about be arrested became public
il phrased, leaked out" al this interview be-
tween the commissioners and the circuit judge Not
one oil the gentlemen present. except myself, knew the
name oil the alleged fugitive and mentioned
by me IN the course of the conversation.
My knowledge OF the occurrences which took place
after the issued is confined chiefly 10 the
circumstances under which the marshal took an opinion
OF counsel 10 his duties and powers and the reasons
why he did So. A process placed in the hands Of
the marshall which he TO execute under very heavy
responsibilities and in the execution Of which he might
be called upon TO break open dwelling houses, and per-
hsps take life by quepg resistance, actual threat
ened. II process OF novel character and there
sound lawyer in this county who will not tell you
that il required deberaon and careful inquiry TO ascer-
tain what degree OF force the marshal might lawfully use
in It's execution. II il was 10 be considered civil
process issued in the interest OF private indivd
ual. the marshals powers and duties might be in some
respects different from what they would be il il should
be considered as public process in the execution OF
which the United States had direct interest," Clearly,
therefore, il was the marshals right and duty TO be ad-
vised upon these points.
The marshal applied for such advice to my brother,
Mr.. b. X. Curtis, and stated in writing two questions
relating 10 the degree Of force which he might lawfully
in the service OF This process Mr. Curtis happened
TO be the senior counsel side OF the then
trial in the circuit court, and could not give immediate
personal attention 10 the marshaps application At his