The North-Carolina standard., 1850-02-06
IMPORTANT CASE.

IMPORTANT CASE.
We notice in the proceedings of the City Court at
Baltimore the following, as reported by the Clip
per-:
"The case of Wm H. Bird, charged with selling
bound boy named Wm. H. Hardy. out Of the State
as a slave, was taken up. Witnesses were examined
and the law argued considerable length by the
sci for the petitioner boy who claims his eedom,)
and the counsel for the respondent. The facts we
have already stated in substance The boy was con-
victed in the City Court, a few years back of petty
felony, and ordered to be bound for term of years.
Mr. Bird became his master, but the boy was rather
incorrigible and off several times, causing con-
sidefable trouble and expense to recover him. Mr..
Bird finally, short time since, lodged the boy in
Slave Depot in the city, and going back into Anne
Arundel county, where he resided, obtained permis-
sion from the Orphans Court of that county to sell
him out of the State. an additional term of service
being added to his unexpired original term of servi
for term of years, and he was sold to slave DEALER
who sent him out of the State. The boy was admit
ted to have been free previous to being bound out by
the City Court. The respondent did not deny the
sale and produced the order of the Orphans Court
OF Anne Arundel county as authority for what he had
done. The counsel for the petitioner claimed the
freedom of the boy, and demanded that he should be
brought back into the State by the respondent and
lengthy and Termed argument entered into to show
the llegality of the whole proceedings by the Or
sci sustained his conduct in elaborate argument
and both sides quoted largely from the books in sup
port of their respective positions. The whole law
was most thoroughly reviewed, and without any de-
till next Saturday. F: Lovegrove, Esq, appeared
for the petitioner, and Thos. S. Alexander William
P. MauIsby and ]. Shaft Siocket Esqrs. for the re-
spondent."
The negro boy William Hardy, mentioned above,
was brought to this City some days since by John
E. Patton, Esq. of Buncombe county. Immediate
ly after his arrival it understood that he claim
ed to be free-born; and he exhibited certificate Of
the proceedings of the Orphans Court of Anne Ar
undel County, Md. under the seal of the Clerk set
ting firth the facts above stated-the boys con-
viction of felony-his being sold to Bird for term
Of years. subsequent enlargement of the term three
additional years of vicious and turbulent
conduct &C., and the privilege Bird sell him in
or out of the State of Maryland. On the strength
of this certificate and the representations of the boy
petition was at once preferred in his behalf before
His Honor r. NJ. Pearson, one of the Judges of the
Supreme Court, for writ of habeas corpus, to be
discharged from the custody of Patton. On the re-
turn of the writ Patton insisted his right to hold
the boy to servitude until Oct. 1885, under the Stat
utes of Maryland and the proceedings of the Court
there; he having purchased, as he alleged, of one
Winters of Baltimore, the vendee of Bird, the first
purchaser. The case argued at length by B. F..
Moore, Esq. Attorney General, and Jno. H. Manly,
ESP. Coy Petitioner, and by Hon. VIM. A. Graham
and Perrin Busbee, Esq. for respondent. His Hon
or Judge Pearson was of opinion that Patton was
entitled to hold the negro boy to servitude until the
expiration of the for which he sold Bird,
and accordingly ordered him to be delivered up by
the Sheriff.
The Statutes of Maryland, referred to in the ar
gument, as bearing on the case are those of 1917,
and 1888. The former act makes it penitentiary
offence to sell any slare who is to be free at the
piration of any given number of years, upon any
future contingency; or any free negro who may be
bound for any limited term of service, as appren-
tice or convicted elon to any person who does not
reside in the State to any residing in the State,
with an intent that he should be carried out of the
State: And further provides that all sales of such
slave or free negro shall be in writing and shall set
forth the residence of the purchaser and be register
ed within twenty days after the sale.
The act of 1888 provides that where slave who
is to be free after the expiration Of given number of
years. or upon future contingency, becomes turbu-
lent and unruly, upon representation of this fact to
the County Court being proved to the satisfaction
of the Court the said Court shall thereupon authorize
the owner of such slave to sell him to any person
who will remove him from the State; and that where
any free negro held for term of services as an ap-
prentice or convicted felon shall run away or become
vicious and turbulent, upon these facts being repre-
sented and proved to the satisfaction of the Court the
said Court shall extend the time of service, and au
thorize the owner sell him in out of the State.
The act then provides that the slave free negro so
authorized be sold out of the State, shall be fur
nished with copy of the deed of manumission or
will, under which he is entitled to his freedom, to-
geher with copy of the order of Court by which he
is authorized to be sold out of the State.
Under this latter act the County Court of Anne
Arundel had extended the term of service of the boy,
who was fnee negro and had been sold as convic-
ted felon, and authorized his MASTER w. H. Bird, to
sell him in out Of the State, appears by the cer
titled copy of the proceedings of said Court, which
was produced by the Petitioner.
-. LATEST FROM WASHINGTON.
Mr.. Calhoun was we'll enough to ride out the
morning of the LIST instant. He looked feeble, but
was recovering.
The Slavery question rests for the present in statu
quo, the Committee on Territories in the Senate,
the Correspondent of the Baltimore Sun, being ao-
lively engaged in preparing Compromise bill. The
same Correspondent says he " should not be surprs-
ed, if the outlines of it were based on the admission
Of California, with proper limits, as State the
cognition of the Texan boundary put down in the
map accompanying, and being part and parcel of the