New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-12-28
ALLEGED SLAVE CASE.

!
Testimony for the Defenss-Case again
! adjourned. s~'A
MIR Hall yesterday returned, in answer b, r..
Habeas Corpus, that be had no such person in o..
tOdy as Henry Long. In consequence of this "a.
turn the Judge stated that the writ was null a
though there was possibility Of proceeding o.
the ground Of an incorrect return.
At II O'Clock the Commissioner opened the ea.s
the prisoner being in Court Before apytb;,,
had been done, Habeas Corpus issued by Judge
Campbell Of the Superior Court. was servsI
on the L S. Marshal, Mr.. Tallmadge, to pcoduo.
the said Henry Long before the Court The MAJ.
shall signifed his intention Of obeying the writ.
An affidavit was then made By the prisoner tb,,
certain witnesses were material to his dessn,s
and the Commissioner decided to grant subpoena.
and hold the case open
While these matters were being arranged W,
had occasion to notice sundry manifestations Of the
impetuous hot blood of the Chiyalry," which nav
be very proper in that State, but which we havs
been taught to look upon uncourteons. pugente.
manly, and disrespectful to the Court We viii
do DR. Parker and Mr. Western the justice to say
we do not mean either OF them, out some idie;s
W
of New.York were excluded. At the same tina
we may be permitted to state that we have al.
ways understood that any free, uninterested citi'
zen of the United States had right to be present
at an open Court; but perhaps the door-keeper of
the Commissioners Jury box is better Judge
than our humble self And farther we take occa.
sion to say that the contemptuous remark OF Ger,
tain officer heretofore otiicious in catching and
holding the alleged slave that it is all piece Of
humbug meaning the proceedings before the
Commissioned is such as to enttle said officer to
the especial remembrance Of all who can distiu,
guish villain from man. And further still, tina
insulting and bullying tone of the officer in mme.
date charge of the prisoner de Angels we think
in his thrustng the friends of the accused from
their seats, and his remarks to one of the Counsel
should be sufficient to exclude him from the
precincts of Court whore gentlemen and
law abiding citizens have presence. We know
that the Commissioned has too important and try
ing a position to spend time in keeping such fell
lows straight, and can therefore willingly excuse
him from failing to notice them. He is endeavoriag
in all sincerity and Justice to do his duty and cannot
stop TO silence the yelping of unimportant hounds
1DrOuEnpuL Tue CdSci tlluS tbi VIC nave seen par
ties ami counsel, the Commissioner and the Mar.
shall conducting themselves with quiet decorum
that is the more commendable as the case is ons
OF highly exciting character. II the menias Of
the Court would pattern after their masters there
would be nothing to complain Of except want of
room.
But to the case itself
About | O'Clock the Marshal, with several Of
4 IL
with Henry to the Superior Court before Judge
Campbell, and made return that he held the cus
! tody Of the man by virtue of warrant issued By
Charles M. Hall, u S. Commissioner
Mr. w estern said he appeared from respect to
the State Courts, but he protested against their
authority to act in this State, and was entitled to
8 days to answer He appears for the State OF
Virginia, and it will be question between the
State of Virginia, for which act and the State Of
| New. York, and leave it between them
Mr.. White in answer, said when the proper
| time came he would have much to say to the en-
tire State OF Virginia embodied chivalry and all
in the person Of my learned friend, and will only
say that he is welcome to the days, and more L
he peases but in the mean time ask that the
man De placed for SAFE keeping IN the custody Of
the Sheriff of the County.
The Court thought the counselh had better pro.
coed in relation to the merits
Mr.. White then claimed that the return was
insufficient, and does not show right to hold tho
man. He entered into argument to show that the
Commissioner was not a Court 60 and contended
that the Court should take cognisance of the case
to test whether the man is constuti0nalIy held
| or not.
Mr.. Western, in reply commended that the
Judge could not take congnizance of the case.
1t is now on examination before competent
tribunal, who has merely suspended the case
with view to permit additional testimony. MIR.
White said the Court had adjourned the case,
| Mr. Western referred to a writ having been
already before Supreme Court, &c. 1t is now
| time to resume the examination, and beg to re-
tire in order to attend it.
The Court thought he had better wait Til the
! argument is over.
Mr.. White said the gentleman could go where
he pleased as long as the boy Henry is here.
Mr.. w estern left the Court
Mr. " hite thought it was not necessary to ar
que the consttutonality Of the law otl850, at the
! present time. The question is from return and
| demurrer, does the Marshal legally hold him in
custody This law has been settled by everything
but a Court of competent Jurisdiction, and 1t viii
be time enough to argue that by.and bye. Ihs
counsel then further alludedto the return and also
to the fact that Mr.. Hall is not Court or Judge
so as to bring him within the statute OF exceP'
tions, nor does the return show that ne has any
Jurisdiction &c Noinference is 10 be drawn that
there was acommand which the Marshal is Douna
to obey If there is ntendment it must be IN Ia
vor OF the liberty Of the party
Mr.. White said he protested against pre-
symptoms, if the return is not sufficient 10
show the party to illegally held .,.,.,
to be- regular It has has been held that Supreme
Court Commissioners in this State, when acting
within the powers granted them, act as judoa o.. o.
fcers-so consider the Commissioners IN tns
United States Court, when acting within the Po@ii
ers conferred upon them BY law act as lnadil;a
officers and must be considered as coming "Llhia
the Statute. But if not Court or Judge, ne -
indcisi officer under the other branch as to clyI
cases %c. The law in such case says the party
sn sr V Write then said that Nj Hail. 50 far as he
can learn is not Commissioner under the lay h o.
$50, which says that the Commissioners gnI h ~
appointed by the Court whereas 1df ,n e" If the