New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-12-27
ALLEGED SLAVE CASE.


about 10 Proceed-1Ir. Jny PrOtests-Pri-
yate ACKNOWLEDGEMENTS on the Law
Adjournment.
Although there was general understanding
that the case Of the alleged fugitive would be pro-
ceeded with today, Thursday either by the
hearing Of Argument IN the Supreme Court or By
direct continuation before the Commissioner. there
was no sign Of disturbance, no infammatory Ian
gnage, no crowds, no excitement that the most
unscrupulous enemy cf Human Freedom, not even
the Neic York Express, could tortare into fanati-
csm and resistance 70 the laws. Since the high
handed affair in the West, and the precious de.
yelopmepts Of the summary proceedings of the
jealous Philadelphia Commissioner. people gen
orally conclude that the surest way Of procuring
an early repeal of the Law of 1885, is to allow It
to manifest all it's gorgon features by its own
operations-to give it rope enough and see how
soon it viii strangle itself.
OF the case OF Long we have nothing to say
having always been OF the opinion that the COM
meuts OF the Press upon an unfinished trial were
to say the least, extremely improper. Some of
our Daily cotemp orares take different course,
and would intinidate the Commissioner into a
judgment which they have already pronounced.
We recommend these incendiaries to the atten-
ton of the Committee of Safety.
Our Reporter sends US the following sketch Of
yesterday doings. He furnishes the same copy,
verbatim, to another morning daily, where, we ob.
serve, his report of legal proceedings has been
garbed and abridged to suit the taste Of the as,
tute and liberal editor Of that truth-oving concern
U. s. COMMISSIONERS OFFIcE-Before Com.
Ill
ton in the case OF Henry Long, claimed by Mr..
Parker, OF Richmond, Y a. Jas agent for Mr. smith
of Russell Co. Virginia, slave belonging to
said S. having been adjourned to - O'Clock yes-
terday the Commissioner sat, as before, In the
small private Office of the Clerk of the Circuit
Court; Mr. W Western, counsel of Mr.. P. also Mr.
Jay, for defense, with Mr. r. and few other gen
tlenen being present.
The Commissioner inquired if the parties were
ready to proceed, when Mr.. Jay read to the Com.
missioner an order made by the State Supreme
Court, postponing the hearing on the Habeas Cor
pus till Friday, at 10 O'clock and requiring the
Commissioner, at that time, to produce the person
of the said Henry Long, &c.
Mr. w estern said that he was in the Supreme
Court, and denied that such order had been
made. He was there to oppose such an order
and TO show to the Supreme Court that they had
10 power over the matter but neither of the gen
tlemen BIZ whom the habedS corpus had been
caused to be issued were present to move it. and
the Court OF its own volition, ordered postpone.
ment, but made no order, nor would they have
done so. The writ, in itself, is good for nothing
In the first place it saws the man is ia custody on
s warrant not issued by any Court or MAGISTRATE
and secondly it commands you to produce said
man before that Court when you have no custody
of him. he being in custody Of the Marshal The
law requires you to proceed forthwith In sum.
mary manner without postponement, in proof of
which will refer you to the language OF Mr.. JUS.
hos tl,rt
the duty Of Magistrate in such case is the
same as that Of preliminary examination Tor
reputed crime with view OF Ommitment. Ii
1ciaa facie case is made out, you are bound to IS
sue your certificate to the claimant and surrender
him. We have produced our evidence and the
opposite side were called upon for theirs, but they
have neglected or refused to do so. There is
thing to prevent the case being concluded, ndthe
Commissioner is bound to proceed
Mr.. jaw said it was understood the case will
not be proceeded in to day, and he so informed
his associate counsel, Mr.. White, who is not
present. AS to the order just read from the Su-
preme Court it has been signed by the Clerk OF
the Court which is proof of its 8uthentcity AS
to the wording of the habeas corpus, it lie not as
the gentleman said, but states that the party is
detained not by process OF any Court or Judge
it does not mention Magistrate, As to the right
of habeas corpus the opinion OF Mr.. Crittenden,
the law officer Of the General Government made
ito the President, by request Of the latter before
he signed the law is proof that it pertains to this
law. Mr. C. states that it says nothing about
the habeas corpus, and does not prohibit 1t, Tor Ii
it did the law would be unconstitutional, as the
Constitution secures the&ght. 1t Is privilege
which has been unimpared and sacred ever since
Magma Charta, obtained from King John The
object of the present habeas corpus IS to get the
whole proceeding under the law reviewed, and
its consttutionality tested. 1t has been got oat,
not before single Judge, but before i1lI
bench, so that it may 60, if necessary, direct
lv to the Court OF Appeals thence to the Su-
preme Court There is much feeling on this
subject throughout the country-lts constitution
atty has been denied on the one hand and upheld
by the other. 1t is proper for the Southern states
as we'll as for the North that the Consttutlonaity
of this law should be fully tested The meetings
in relation to the law are preiudelal to the couu-
try, and its validity, or otherwise, should be de.
clared by the highest tribunals. He considered
that the Commissioners under the Aa5eas c0rp9s,
had no power further to proceed. return had
NOT been made by the Commissioner this morning,
as had been expected, aud it was only from conf
dence in the good faith of the Commissioner that
an attachment had not been asked tor The gen
tleman on the opposite side is mistaken when he
said was not present at the adjournment. llr.
Western explained that the adjournment had
been ordered before Mr.. j. came In although II
had not formally taken place.
Mr.. Western contended that the Commissioner
had no power to obey the writ. He also com
mented on Mr., Jay taking merit to himself for not
ISSUING al attachment, which Mr.. j. dacalmed
The Commissioner remarked that he had stated,
on tie Habeas Corpus first being served upon hi'n'
an intention to obey it, and he intends to do SO
still In regard to the return, yesterday oeIag
Christmas he had not had an opportunity to pre-
pare it. but did so this morning, and OF entering
the supreme Court for the purpose Of making it
he was informed tina: the Court had adjourned
after being a very few minutes in Session. Al,
though he intends to obey that wit, nc does not
consider that it prevents the examination from
going on and be, therefore, will proceed.
Previous to this, gentleman entered the office
him bv Western. Mr. w subsequently said ne
had the testimony to offer OF Dr.. Wade OF Vlr-
- -. L...., LLar,r.. whom g boy. NJ. j y: