New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-12-30
emit. THE Commissioner Is very


The order was produced Witness THINKS he
holds bis situntion by virtue Of it, and as being
the Deputy Clerk; was not SO at the date Of the
order, it was l0th October
The Court considered itip evidence.
UJlnesS-I was appointed Deputy Clerk on
18Th Dee; entered upon the duties at tia. time
The Clerk appointed me the Deputy Clerk
claim 20 act Us Commissioned under the rnle-tla
order ! speak Of DO not know whether the pregi
oug law made me Commissioner or not.
The witness then withdrew.
Judge Duer asked Mr. Prescott Hall il i had
not been the mode oil appointing Commissioners
for several years.
Mr.. Il. answered that it had been--it was by
DESIGNATION of the oice held rather than by name.
MI W hite replied tina. it made no difference
what had been the previous practice The 4nes
ton was whether the appointment was according
to the law of 1850, and we say that M. Hall had
no authority 20 issue variant for the arrest OF
any person whatever
IL appeared the appointment vas made
by virtue OF an order OF the Court OF Octo.
Der, which stated that the Clerks and also Clerks
of the Circuit and District Courts, and other OIL
GERS named shall act as commissioners 1t vas
also shown that the deputy clerks are appointed
by the Clerks.
MIR White presented argument in which he
contended that the appointments must be OF par
ticular persons, and that those persons must be,
if the rule is allowed. the individuals that held
those offices at the late OF the order. Beside
this the law gives TO the L. S. Circuit Courts
the power to appoint Commissioners, but it does
not say the Court shall delegate that poTer to
Clerk to appoint Commissioners. Mr.. Hail. it ia
shown, is subordinate of the Clerk of the Court,
appontep by him and dischargeable by him at
pleasure, and it is not to be supposed that Con
gress intended to give powert to an individual thus
situated to act in judicial capacity Mr.. W.
made long and able argument on the subject.
The Court inquired if Counsel appeared on the
other side, and were told it was believed they did
not intend to appear.
Mr. j. Prescott Hall, U. S. District Attorney,
who was present, said he only appeared as the
Counsel of the Marshal.
Soon afterward NJ. Western came in. Hesald
he did not come to say anything, bat to protest
against the power of the Court to entertain the
hoJeaS corpus. He also said that he had not had
the eight days notice required by the statute on
wrts Of habeaS corpus before decision was made,
and he demanded it.
Mr. White said they offered yesterday to give
the gentleman eight days. or twenty days, if he
pleased but all they wanted was that the Court
would make an order by which to insure the forth.
coming of the man, and to prevent their carrying
him off and he would move that Henry be placed
in the custody the keeper of the City Prison till
the case is disposed of or, if the Marshal would
pass his word for the forthcoming OF the man, that
is all they would require
The District Attorney said he would not advise
the Marshal to make any such promise, or any
concessions, aud contended that this Court had no
control over the matter.
Mr.. Western also made objections to the Court
entertaining habeas corpus, when Judge Duer
remarked to him that he did not appear for any
one. Mr.. w replied, ne, Sir, and / can leave if
it please you. He then took his hat and lett the
room.
MIR. Whiterose and remarked in a playful man
ner, that when the great excitement is over OcCa.
IL. Il
few words more and Insist upon the right OF the
Court, now that the man is before them, to retain
bis custody twas no to have the mere form
of habeas corpus if they cannot retain the cas-
tody OF the party Ia the present case if he is
surrendered without ORDER to the custody OF the
Marshal certificate may be issued By Mr.. C. NJ.
Hall claiming to act as Commissioner, and the
man carried out of the jurisdiction Of the Court.
Judge Duer thought that the Court had a right
to control the attendance OF the party to abide
the decision.
Judge Mason also made remarks.
The District Attorney stated thar he would call
the attention Of the Court to the situation Vi the
Marshal under the third section OF the aw-he IS
liable TO fine OF $1,000, and pay the loss to the
owner OF the slave whatever damages he gus
tanned, should the man escape. He ans no right
to inquire whether the officer issuing the warrant
is duly empowered or not Should the man be
taken from his custody by this Coafr, and the
District or Circuit Courts Of tie United States
afterWard said the man bad been duly appointed,
then the Marshal would be Liable to all the penal
ties OF The act An act such asked for willIna5e
conflict between the United States and State
Courts. All the Marshal wants is protection If
your Honor take this man cut of his hands Won
viii take him by virtue Of your superior judicial
and p0tenteutIal powers. The Marshal is not
going to surrender MIN to any mortal man, He is
q party to no proceeding which will take the
man from his custody Mr. H. made remafks to
tlott l,oA Marc J A.
to retain the custody OF the man. and that it would
be improper to grant the motion.
Mr.. H(hlte, In reply, said the Marshal is under
the sale obligation to have the man here on ad-
iournment as to bring him,up in the first instance.
II the Court, under its powers see fit 10 discharge
the man that is a sufficient discharge for the Mar
shal, and Is not an escape such as contemplated
by the act.
Jadge Comp5eH, before whom the writ vas re.
turnable,i SAID it was time enough to talk of con.
tlict when it comes. Ali | know is the Marshal
holds the man under warrant from Charles N.
Hall. have no doubt the Marshal, from his char
acter as man and an officer viii do what ght
and should consider myself as exercising pretty
high authority to take him out of the Marshals
hands. He knows what his legal rights are
! W hen called upon to produce the man shall eX
/ pect the Marshal to have him here unless good
reason is shown to the contrary. The case must
/ be adjourned till Monday week, so as to allow the
counsel the eight days notice required by him.
Mr. Jag asked the Court to siglify to the Mar
shathey would consider it his duty to bring tue
man up at that time, which the Court asseuted to-
( The Court then adjourned, and Henry was re-
conducted by the officers to the room of the Com
missioner.
UNITED STATES COMMISSIONERS OFFICE.
On the return of the counsel aud parties to the
I. s Commissioners Office the witness Smith
was cross examined by Messrs Western and
George Wood, twhohad become associated for the
/ PLAINTIFF
lived at the corner Of Center mud Leonard SIS
/ at the time WENT to Buck in Churchst; had
lived there about twelve months; it was not the
first time had seen Long | had seen him be-
fore IN the street and at lions Church made