Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-12-31

timeno crcunsanccs-no consideration will induce Il
South tolerate further aggsssons for in this way aoI
can she preserve her rights preserve the Union
self She has put her foot down, and will stand mmoy
ably upon this platform as Mount Atlas ITSELF
-esS-
From the New York Herald, Dec. 25.l
THE FUGITIVE SLAVE LAW.
" s. Commissioner's Court before Charles M Hall, Es
Gpy.r EXCITEMENT RESPECTING THE ALLEGED FuoirIy
SLAVE HENRY LoNG-UPwARDs OF TWO HUNDRED n
| LrcEMES ATTENDANCE.
Dec 24.-fhe Commissioners oflce was densey Grove
ed this morning by persons anxious 10 witness the result
the investigation respecting TIE alleged fugitive slave Hei
ry Long II suggested 10 the commissioner To hoid
court in spacious room; but the Marshal having col
suited with one Of the Judges said that was necessary
continue the proceedings the premises OF the u State
Court and there other room but the one they wei
now in that could be appropriated for the purpose
From the that assembled now became nece
say TO station officers the DOORS in order 10 prevent an
person but the counsel the representatives oil the PRESS a
the immediate friends Of the accused from unnecessar
thronging the room.
Mr. Western appeared as counsel for the prosecution
Messrs Jay Whitehead and White, for the alleged slave.
Henry Long brought before the court In the custod
of The Marshal.
Mr. JAW on behalf of the accused said that he solemn
protested against the proceedings being held in this ioo
the exclusion of the public and the numerous persona who
friends OF the accused were anxious to witness the 10
vesfigation.
Mr.. Western said that conscious OF the recude oil tn
law under which they acted ne was not disposed 10 Pac
any impeachment in the way Of the accused but ne would no
suffer himself be excited influenced by any desire
create mnwkish feeling in the community. The Marsha
has said in effect that this was proceeding before al
United States officer, we must Keep II on United oa.e
ground and under the United States flag and he he coun
sell did hesitate say that justice be administered
in this room well elsewhere True il is, that we are
crowded. but have several members Of the press here
What the result! Every sentiment that may be Uttered
every word of evidence sworn to-wl go on the wings
the wind every of the United States SO that W.
may say II Is open inresigaion-open TO the puohc
from end of the United States 10 the other
Mr.. White asked as favor-he did not demand II as
right that the Commissioner for the convenience OF counsel
would adjourn q larger room.
long discussion ensuad respecting the poprey Oh re-
moving spacious room, in which the counsel ioi
tho alleged fugitive designated the proceedings as "s'a
chamber and against the intention Of inc act Oh Con
gress which gave the authority TO this Court.
The Commissioners said that 20 far as the remarks OF inc
counsel for the fugitive which implied censure on him fol-
holding the investigation in this room were made nc would
only that they wholly uncaed for and undeserved
Mr. Jay begged that he did not mean to convey any
censnre TO the Commissioner
The Commissioner said the investigation commenced
here. He did wish that the examination should be Sc
He had no power any other than this and
he told that other could be procuredha censaSn
is therefore undeseved and uncaed for BY any act or obser-
vatons of his.
Mr.. Jay begged withdraw any implied that the
Commissioner might have felt. .
The Commissioner directed that the proceedings should
in this court until II ascertained whether
more spacious court room could be obtained
Mr. Western then said that, he understood the proofs
Of the claim TO the labor of the Henry were already
point that the fugitive labor is the only ono on which
he need adduce additional proof he establishes this 1t
would then be the duty of the Commissioner 10 grant his Ger
cate for his RETURN which the ordained to be summary
Dr. Parker again called and examined by Mr. Wes-
term he said have known Henry for the last FIVE years;
visit to the county in which his master resides,
and met him there in his masters employ knew him first
in Richmond about four years ago. when he was sent to me
by Dr. Smith 1.-THE clamant) hire him out; was not at
home ut the time he arrived, and my brother had partly
agreed hire him out a, the Columbian HOTEL have got
the bond myself this hiring OF him out continued Tor TWO
years.
Question-During these years. had you any commu-
nications with Henry respecting his position
Mr. White said the did not allow the fugitive to be
examined but treated him chatte the counsel would
not attempt to press question OF that kind.
Mr. Western said that he had right prove thai Henry
had admitted 10 the witness that he was the property OF Dr.
Smith.
Mr. White argued against the admssiblity Of the ques
ton If the confession of the party is have force and Of
by the laws of the State the oath OF the party is e1
pressy forbid will require considerable Ingenuity to make
the confession good for anything The must estab
sh his claim under evidence which clearly admissible IN
law; and II be grayey urged upon the Commissioner
that the confession OF the man is good for anything when
his oath il by the law rendered good for nohing-
Here s who by the laws, is not man, except Tor
purposes; but witness in his own case he IS not
Counsel therefore, commended that the confessions
OF the alleged slave not moro admissible coming
through another party than they would be coming from hl
SELF Is il the law, that what the says cannot be used
establish his freedom but that what he says can
be used TO establish the of those who claim him as
chac? Is there in Virginia where negro can DC
produced as evidence agains: white mani No; the law
proclaims him incompetent witness.
Mr. Jay followed, the same side and urged similar ar
gument.
Mr. Western replied and said that the worry argument of
the counsel the other side was in ITSELF suicidal TO their
case Their argument amounts 10 ths-"fou cannot give
the admissions of this man. he is savohe
actual Words but that is the rationale to DO drawn from
their argument The man stands there as freeman until
slavery . is 5 1eIs Az admss6
Observation-Disclosures your question.
Q.-Haye you had any conversations with Horny, in
Virginia. in which he recognized himself tho slave of Dr.
Smith,
After further argument, the Commissioned said,
think that the question of the claman. cannot be put
What the alleged slave said be given in evidence.
will permit any act of his to put in evidence 10 prove his
TO show the relation between him and the claim
anti but conversation be- admitted The question
is, therefore, overruled
Counsel for defence excepted
The examination of DR.. Parker was then resumed.
Q-On your return to Virginia, in what position did you
find Henry4
This question also objected by counsel for the
cused.
Here bust of Demoshenes was by the throng of per-
sons nearly thrown from which il placed and
Mr. Western interrupted the counsel for the Defence by say
ing ne wished TO remove that il could not fall upon his
head.
Mr. White remarked that he hoped tho counsel and his
would be for the purpose Of being engaged
more audable than that in which he appeared
[Laugher Mr. White continued at como length 10 argue
against the adnissibty OF The question proposed. He
tended that as the Commissioner had decided admit
the confessions of the man, he receive in testimony
against him his acts for confessions and like
wise incompetent evidence He said what it would lead
to- man may by duresse gain free Of color work
for him. and would il he evidence of his slavery to obtain
Witnesses TO prove that they had him work 10 tobacco
ed that person be slavery by the admission
of his acts, whilst the law repudiaes the negaon of such
evidence.
Mr.. Western commended that this being penal act it
should be legally construed side and the other He
r W. did not limit his proofs tie mans acts but
circumstances surrounding him during the of years
he was known TO the witness. There hundreds aye
thousands of slaves In Virginia. held without one scrap of
and how else could their bondage proved but by the
evidence Of his acts and the conditions in which he existed
He therefore insisted that there wide difference between
the admissions OF the and his acts the ownership of
mans horse evidenced by possesson the ownership his
house evidenced by Deeds but the ownership of his wheel
barrow was evidenced by possession He (counseD offered
TO show that this man $50 miles from DR.. Smith
DR.: Parker TO be hired slaves that he hired out
and that Dr. Parker sci with him Henry night in
the capacity of physician. He therefore submitted his
right to continue with this examination.
Mr. Jay replied and commended that evidence Of acts Of
party while in state of duresse be admissible
law IN South Carolina enacts that every cooed person
irving at that place from any foreign port may be taken into
custody and delivered over the Marshal while the vessel
remains In po but before the vessel sails the may
claim him from the Marshal and the law that he shall
ts