New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-12-25

end wrote to his master about 1t; his master re
~;sd lobjected to 4 found great difficulty IN get
ling him a situation; Henry was hard TO please
nd was anxious to hire himself as his masterhad
Grmerly permitted him to do; expostulated
.ith him and received letter Ioblecsed to at
.oy some time ! saw an advertisement OF Hashins
Libby wanting man aud rode down to their
stare ut what is called Rockets a little below
pjobmond where the vessels come in they are
Tosgchants, connected with steamboats, and ves
ais they agreed to hire him he had hired him.
sell about ii the meantime, and never made any
retarn to me- although / told him to do 30 he
hired himself out during the time for nine days
al my request to wait upol sick man, and | re-
ceiycd the pay, which vas 81, being dollar
day; he hired himself to the Madison House, and
also to another Hotel, for which he made no re-
nun be went TO H. & / S, about February, 34s,
and remained there till about Christmas, when he
left advertised and made effort to lad him, but
could not | was rot specially authorized to ad
yertise him, but had authority to act as agent in
regard to him.
The witness produced several letters to him,
one Of which Mr. Western offered in evidence to
s.uw his agency bat Mr. White contended on
looking at it, that it did not show any, and it was
only Mr.. Smith claiming right to the man without
showing by what right he did SO. The Commls-
si0ner thought It not irrelevant, and It was excluded
On the cross. discrimination the witness gaId, as
to titles to slaves in Virginia bills Of sale were
5ometimcS given. Had been acquainted with Mr..
Smith or years. Passed one Summer before
Henry came to Richmond within miles OF Mr..
Smith house, and two Summers subsequent TO
that in al about months and visited his house
Capt L0mhl@ testified to rnnning packet be.
tween here and Richmond Saw Henry about
this time two years ago at Haskjns & Liffy's who
kept ship ohandlery and grocery store. His
busincsa was to carry stores on board the vessels.
he supplied some on board my vessels and on
asking in regard to him at the store of two or
three days afterward they said he had runaway.
Think | am positive they SAID so.
Mr.. Western here rested his case.
Mr. White then moved for the discharge Of
Henry on the ground that there is no legal evil
dence of his having been held to labor in Virginia
that testimony has been Improperly admitted
% to the declarations Of claimant-that the title
TO him is interential only which the law will not
slow, and one or two other points, also, that the
act is unconstitutional and void
1t was agreed the motion should be without ar.
gumeut, and the Commissioner decided that he
thought the man ought not to be discharged this
stage of the case and denied the motion.
HaJcaS C0rpuS-The Commissioner then asked
the Counsel for defense itthey had any witnesses,
Mr. White said they had several, but MS the claim
ant has got in all his testimony, he thought they
would at present save the Commissioner further
trouble. Mr. Whitehead one of the counsel, then
handed to the Commissioner a writ Of habeas cor
puai STduttu III GGHcTdi Term Oh the otnte OupeFl'
or Court, returnobe on Thursday at 10 o'clock.
MIR. Western said they would not obey the writ
Of habeas corpus-that the act makes it inpera,
tive upon the Commissioner, on the proof being
satisfactory, to issue his certificate to the owner
Of the slave, and he demanded it should be done
in this case. Mr. Jay referred to the opinion Of
Mr., Crittenden, that the law does not do away
With the writ of habeas corpus, but Mr. Western
objected to the soundness, under the law, of the
opinion.
The Commissioner said he should most certain
" obey the writ, and in the mean time would ad
iourn this to Thursday, at . o'clock, the man
IN the mean time to be retained in the custody Of
the Marshal
Mr. Tappan here put good word in the Mar
ahal's ear to have him well treated, and the Mar
shall said lie should be so. lie was then convey
cd, as on the previous night for safe keeping to
the prison in Centerst
[W E should have said that in reply to the argu.
ment OF Mr. Fessenden Mr.. Western stated his
belief that the Constitution, although it did not
say slaves meant them and nothing else.
The multitude around the Hall then quietly dis