The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-12-31

place in February, ISIS am as SURE OF - hdt See
YOU (counse) here certain OF the year. for APP
| Piled 10 Robt d. Hart who then secretary Of the
Washingion Association and OF the Grand Lodge was
As ON q ~ q he sS Dsesm
beT 647, they granted my application; lew days sef,
some fourteen or fifteen coloTed men were initiated INTO
streets; they then granted charter. and opened
lodge called Fountain Lodge. IN this city; was then
drumming up every colorsd man TO JOIN the assoclauon
i A recess was taken at o'clock
Superior Court-Bsjors ths Hon; Judges Dusr. Maso",
4 and Campbell.
Dec 2s--At half-pasr two o'clock, Henry Long. the
alleged fugitive. was brought before this court or wrn
Hall
M White then entered into statement Of the case,
and repeated Of the Arguments which he had urged
Charles M. Hall was then called and sworn.
| Judge Campbell. having consulted with his associates,
said he not sure that they coud 20 into the examna
ton of Mr.. Hall this subject, they had been fur
nished with certificate from the clerk OF the circuit
court stating that Mr. Hall Is commissioner but as 1t
did not state that he commissioner on the 23d De-
csmber. counsel might proceed to call the witness.
Mr. Hall then dsposed-l reside in the city; have re-
sided here since the l2h December this present month
prior to that resided in Columbia couRty
Question Have you ever received directly from this
circuit court or the circuit court OF the United States
an appointment commissioner.
i Answer. As understand II, | did
4 Question Did the court ever appoint you by the name
Answer. am appointed United States commissioner
by virtue Of an order Of the United States circuit made
in October last. and entered on their minutes think
can give the words OF the order from memory believe
me by was commissioner don't mean 10 be understood
that my name mentioned in the order don't mean
10 say was appointed that day, but was appointed
4 BY virtue Of that order held office on that day.
Court Are you q barrister- at-lawi
Il Mr.. Hall lam, sir and was on the 23d December
A dotod ohor IVA urOduced
The order to the effect that the clerk and deputy
clerk 81 the United States district and United States sir
cult be authorized 10 exercise the powers OF CON-
Witness contiaued believe this is copy Of the
order BY which claim my appointment am deputy
clerk of the United States circuit court was mol deputy
clerk at the date Of that order was appointed deputy
clerk on the 18th December The clerk OF that court APP
pointed me bis deputy. After having been appointed
deputy clerk claimed to act commissioner under tha
rule or order Of the court.
Question. Is that the only authority by which you
claim 10 act e commissioned $500 III - n.
Answer. j do not Know; but under the previously
existing law would have been commissioner. .
The court asked the United States district attorney
he did not know the practice OF the United States crcu
court with regard to the appointment OF their commits
sionersf
The United States district attorney replied that il hat
been the universal practice OF Judge Belts and the Judge
of the circuit court appoint the commissioners by de-
\ signation OF Office, and not by the OF the party
Mr.. White said he came prepared 70 argue that or
Hall not legally apponteda commissioner, and be
commended that the practice Of the court would not make
it legal.
fed copy of the order of the circuit court made in 1S
show that the practice was uniformly the same as hs
had stated il TO be.
oogy of the ORDER persons but the then existing clerks
and deputies could claim to be commissioners by virtue
of H. He had proved that Mr. Hall not appointed
BY the court at all. but by the clerk and that he wa
clerk.
The court asked the district attorney Mr. D. Prescott
was merely present behalf Of the marshall and the
lmarshal had interest il the disposition the cour
would make OF the case between the claimant and thu
alleged fugitive, the district attorney did not design
offer any reply but merely referred the court to severa
} Court Does counsel for ;iAs clainan, appear
: Mr. Western answered that he did not
Court Has the counssl on the part OF the claiman
, had notice
be yesterday to protest against the proceedings
views offered by Mr. White they could not consent 4
the discharge OF the man. the other party not having hac
Mr. White said they gave them notice yesterday.
Court said the meaning Of the act that they mus
they may be present to resist The application The cour
unwilling dispose OF this matter without hearing
the counsel for the caimaut II they do not choose e
appear the must be adjourned over until thu
time for the proper notice expires
Mr.. White asked for an adjournment till Monday
Court There ID no in adiourning until Monday; j
i
says that the same notice be given to parties
required in special motions in the supreme court; and
that is eight days In the mean time, the will remain
: in the custody this court.
District attorney mentioned that In . case Of h0bsa
corpus pending for time before the supreme court
the prisoners remanded from time 10 time the
iody OF the marshal.
Court. That depends upon whether the marshal viii
bind himself TO hold the man. and not give him up Il
any other auhorty otherwise the object OF the hsbea
corpus would be defeated. Suppose the warrant hat
been issued by person who bad authority. Thu
question whether the gentleman 10 officer Is 10 be de
cided by this court
Mr., White asked the marshal II he would consent 70
prodnce the man at the time to which this case 10 ad
ljoumed
District Attorney. | advise the marshal no, to make
any promises or concessions.
After some further remarks, Mr. White asked for the
committa Of the to the custody Of officer Of h,
court.
The District Attorney begged 10 remind The court Of
The position in which the marshal Stood Il appeared, By
act Of Congress- that the marshal would be subject
penalty Of 900 he refused 10 execute the warrant oil
the commissioner when be had reason TO doubt the
validity OF his appointment; and il while in his custody
or pending the examination the party escaped, the
sha should pay the claimant the amour, Of the value Of
the alleged fugitive, well the III 900 penalty which
would be imposed by the court. Suppose the circuit
court prove that they have duly appointed this gentleman
and that this court should also The conclusion
that the commissioner duly appointed and the
sha had disobeyed the orders OF that officer by hold
ing the in HE custody, il would be plea for the
marshal that this court had taken him OF his hands
Counsel therefore hoped that the court would take into