The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-12-27
Thsrusitsys Slave Rill.
!, s. COMMISSIONERS COURT.
p.e f,k,a M Hall Fec


tine Stare, Henry Long-UPacards Of two
= hundred policemen in attendance: -
DEC 24.-The Commissioners Office was Dense
" crowded this morning by persons anxious to
witness the result of the investigation respecting
the alleged fugitive slave, Henry Long IL was
suggested to the Commissioner to hold this court
in a more spacious room but the Marshal, hav-
iGg consulted with one of the Judges, said that
it was necessary to continue the proceedings on
the premises of the United States court, and
there was no other room but the one they We're
now in that could be appropriated for the pur-
pose.
From the concourse that assembled, it now
became necessary to station officers at the doors
in order to prevent any persons but the counsel,
the representatives of the press, and the imme-
date friends of the accused from unnecessarily
thronging the room. y
Mr.. Western appeared as counsel for the pro-
secution; Messrs. Jay, Whitehead and White,
for the alleged slave.
Henry Long was brought before the court in
the custody of the Marshal.
Mr. Jay, on behalf of the accused, said that
he solemnly protested against the proceedings
being held in this room, to the exclusion Of the
public and the numerous persons who, as friends
of the accused, were anxious TO witness the in
vestigation.
Mr.. Webster said that, conscious Of the rect-
tude of the law under which they acted he was
not disposed to place any impeachment in the
way of the accused but he would not suffer
himselfto be excited or influenced by any desire
| to create mawksh feeling in the community.
The Marshal has said, in effect, that, as this was
a proceeding before an United States officer, we
must keep II on United States ground, and un-
der tile United States flag, and he the counsel
did not hesitate to say TINT justice can be admin
istered in this room as well rs elsewhere. True
il is that we are crowded; but we have several
members of the press here. What is the result
Every sentiment that may be uttered-eVery
word of evidence sworn to-will go on the
wings OF the wind to every corner Of the United
States, so that we may say it is an open investi
gation-open to the public, from one end of the
United States to the other.
Mr. White asked us Il tavor-he did not de-
mand it as a light that The Commissioner, for The
convenience ofcounsel, would adjourn to large
room.
A long discussion ensued respecting the pro
priety of removing to a more spacious room, il
which the counsel for the alleged fugitive de
sgnated the proceedings rs /" star chamber" ant
e against the intention Of the act Of Congress
which gave authority to this court
The commissioner said that SO far as the re
marks of the counsel for the fugitive, which i'm
, piled censure on him for holding the investiga
ton in this room, were made, he would only
. say that they were wholly uncalled for and un
deserved.
; Mr. Jay begged to state THAT he did not meal
! to convey any eensure to the Commissioner.
, The Commissioner said The investigation com
menced here. lie did not wish that the exami
nation should be secret. He had no power owe
. any other room than this; and he was told tina
none other could be procured. The censure il
f therefore, understood and uncalled for by an!
f act or observation of his.
Mr. Jay begged to withdraw any implied cen
sure that the Commissioner might have felt
The Commissioner directed that the proceed
ings should commence in this court, until it wa
ascertained whether a more spacious court room
could be obtained
Mr. Western then said that, as he understood
the proofs of the claim to the labor of the mar
(Henry) were already established-the testimon,
of identity was also inland the point that the
) fugitive owes labor is the only one on which he
: need adduce additional proof, if he establishes
this, it would then be the duty of the Commits
sioner to grant his certificate for his return
which the act ordained to be summary.
Dr. Parker was again called, and examined by
Mr.. Western; he said have known Henry
for the last five years was on visit to the
county in which his master resides, and met him
there in his masters employ; l knew him first
in Richmond, about four years ago, when he
was sent to me by DR.. Smith (the cla3mant) to
hire him out; | was net at home at the time he
arrived, and my brother mad partly agreed to
hire him out at the Columbia Hotel | have got
the bond myself; this hiring of him out con.
tnued for two years.
QuesIion-Durng these two years, had you
any communications with Henry respecting his
position!
) Mr.. White said, as tho act did not allow thu
r fugitive to be examined, but treated him as
chattel, the counsel would not attempt to press
) a question Of that kind.
t Mr. Western said that he had right to prove
that Henry had admitted to the witness that he
: was the property of Dr. Smith.
Mr. White argued against the admissibility Of
the question. If the confession of the party is
to have force and etfect-if by the laws of the
. State the oath Of the party is expressly forbid
it will require considerable ingenuity to make
, the confession good for any thing. The master
must establish his claim under evidence which
is clearly admissible in law and can it be grave
" urged upon the Commissioner that the con
fession of the man is good for anything when the
oath is, by the same law, rendered good for
nothing! Here is a man, who by the laws, is
not a man, except for some purposes; but as a
witness in his own case, he Is not man.
Counsel, therefore, routended that the confess
sions Of the alleged slave were not more admis.
sible, coming through another party, than they
would be coming from himself. Is it the law
that what the man says cannot be used to estab
lish his own freedom, but that what he says ear
be used to establish the case Of those who claim
him as chattel? Is there case in Virgins
where negro man can be produced as evidence
against white man? No, the law proclaim
him an incompetent witness.
Mr.. Jay followed, on the same side, and urged
a similar argument.
Mr.. Western replied, and said that the very
argument Of the counsel on the other side was
in itself, suicidal to their case. Their argument
amounts to this -"You cannot give the admis
, sions Of this man, because he is a stave'-th'
r very thing that ! am here to establish. They
have not said so, in actual words; but that il
the rationale to be drawn from their argument