The New York herald., 1850-12-27

innocence Of the party is to be sRSe on. at hie
he shall be Delivered up All that 1oui sesua in saos
to be necessary 10 that there aid bs prinS
seie evidence before the executive authority sstsy
its judgment that there is probable batisvs
the party guiity-such as upon su ordinary warrant
would justify his commitment for trial And IN the
cases OF fugitive slaves there would to be the
same necessity OF requiring only pinpa proofs oe
ownership without putting the party to formal as
appear to have acted this opinion; and accord
ingly In the statute upon the subject have borseA
summary proceedings before q MAGISTRATE upon whioh
nj. ',y spoke at some length In reply, and con-
o.Son n n y Quoting from the y,.sn
DEM respecting the pon. af present Ut issue Uet~een
the esimants counsel and the counsel for the siIssed
President Part Of 1t this =" The condition ef
o.e in custody fugitive slsye under ths law sofax
~ respects the wit Of hsbeas is precssly the
sms that OF an ether prisoners under the Of
tns United states The privilege that writ remsins
fusef discharged enorced-by he pr opsr tr3bun nal
according TO the circumstances Of each case aud 40
the commitment and nton may npp.sr to be cgsI
ilegA The whole effect sfths law sy be thus briefly
stated. Congress has constituted tr,bu nal with
elusive jurisdiction, to trtermine suuausrily am
without sypesl who fugitive slaves rom ssrvfc
or labor under the second Of the fourth srti
Gle of the consultation apdtc whom such service o.
labor In due. The judgmens Of every tribcnsl OF
elusive jurisdiction where appeal lies, II Of neces
sty conclusive upon every ether tribunal and there
IL conclusive upon all tribunals Whenever 5hts judg
nest Ia made 70 appear It Is cociasivs of fright OF
iss service and 70 remove him bssh to the ip.sse
state from which he escaped II IL Is shown u7en tn
appltcaton of the fugitive for wit Of habeas
fe prevents the ssnins Of the tiff upon the return
IL discharges the writ snd restores maintairs the
cretody This view otthsAe~ Of this case Is sustsnsd
by the decision Of the Supreme Corrs OF ths United
States In the 9f roiss Watkins whore the Cctrt
refused to discharge the grouRd thAt he WARM
custody under the rsnteDce of court Of competsnt
jurisaiction, and that rdsment conclusive upon
them q Pet. 202) The expression used In the LAST
clause OF the sixth seoton that the cergncAts therein
aude a. to shall prevent all molestas.on'' Of the
persono to whom granted /" BY any preoess issued"
by declaring certihcate under that le<, sufn-
cient warrant for the removal of fugitive, and
tainly does not cuspeDsion of the haess corpus
is nothing a,ths bill in question which with
the constitution or suspends intended to
pend, the privileges Of the writ Of ha5eas eorpus
The Com missioner unset for the elumsnt
fuhl the orders OF the aoty Ivy proceeding in's
mary manner
Mr Western .aid he mevstfos An adjournment.
The Commissioner then ssid--f adjourn the ,oeed-
Mr.. Jsy-Ths writ is retur1sbie at ten o'clock wM
you not give time for its dispossff
The Commissioner-I am snrious to obey thract
without having any unnecessary delay. We viii I'D
Gurn to eleven o'clock.
Mr. Jay then protested against the time, and asked
the Com mmssion ct IL he would make return to the
bobeasfcpus, and deliver the body OF Henry Losgf
Their Com missioner did not think he was bound TO
make return to the writ, suoh as he considered wss
ssesry That he had said b~sore but what the
turn would be he would not say
Adjourned to eleven O'Clock tiis (Priday) morning.
The prisoner was shortly afterwards removed to ths
Tombs by streDg escort OF police but there vas NOS
the ightes manifestation tn. part OF the vast
copcourse Of black and white aboonists, to create
any disturbance.