The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-12-31
SUPERIOR COURT.

Before the Hon. Judges Duer, Mason, and
Campbell.
DEC. 25-At halfpast two o'clock, Henry
Long the alleged fugitive was brought before this
court, on writ OF ha6eaS corpus, adjourned from
the previous day.
Mr.. White said he would call as witness
Charles NJ. Hall.
The court asked what he proposed to prove by
the witness.
Mr.. White then entered into statement Of the
case, and repeated some of the arguments which
he had urged in the matter yesterday.
Charles NJ. Hall was then called and sworn.
Judge Campbell having consulted with his
associates, said he was not sure that they could
go into the examination of Mr.. Hall on this sub
ect, as they had been furnished with certificate
from the clerk Of the circuit court, stating that
Mr. Hall is Commissioner; but as 1t did not
state that he was Commissioner on the 23d De-
cember, counsel might proceed to call the witness.
Mr.. Hall then deposed-I reside in this city;
have resided here since the 18th December, this
present month; prior TO that resided in Columbia
county. Q.-Have you ever received directly
from this circuit court, the circuit court of the
United States an appointment as Commissioner
A-As understand it, did. Odd the court
ever appoint you by the name of aCommssioner?
Al am appointed United States Commits
soner, by vir,uetof an order of the United States
circuit court, made in October last, and entered on
their minutes; think can give the words of the
order from memory; believe The order was made
in term time; the name it appointed me by was
Commissioner; don't mean TO I've understood that
my name was mentioned in the order; | don't
mean to say was appointed on that day, but
was appointed by virtue OF that order; held no
office on that day; was practising law.
Court-Are you n barrister.at-law
Mr.. Hall am, rssir, and was on the Dad De-
cember.
A document, dated 10Th Oct, was here produced.
The order was to the effect that the clerk and
4. e IL TT,,,ta al onl
United States circuit courts be authorized to ex-
ercise the powers Of Commissioners, &c Qfico.
Witness continued-I believe this is copy Of
the order by which claim my appointment |
am deputy clerk ofthe United States circuit court;
| was not deputy clerk at the date Of that order
was appointed deputy clerk on the 18th Dec. !;
the clerk of that court appointed me his deputy
after having been appointed deputy clerk, claim
ed to act as commissioned under that rule or order
of the court. Q.-Is that the only authority by
which you claim TO act as Commissioner Al
do not know, but under the previously existing
law would have been a Commissioner.
The Court asked the United States District At
torney fhe did not know the practice Of the Unit
ed States circuit court with regard to the appoint
! ment of their Commissioners
The United States District Attorney replied ,
that it had been the universal practice Of Judge
Belts, and the Judge Of the clrCnlt court, to APP
point the Commissioners Ivy designation of office,
and not by the name of the party.
Mr.. White said he came prepared to argue that
Mr.. Hall not legally appointed Commits
sioner, and he contended that the practice Of the
court would MT make it legal.
The United States District Attorney produced n
certified copy of the order of the circuit court,
made in lS4l, to show that the practice was uni
| formly the same as he had stated it to be.
| Mr.. White continued to argue that, from the
phraseoogy Of the order, no persons but the then
existing clerks and deputies, could claim to be
| - 81, IL bad cd
that Mr.. Hall was not appointed by the court nj
! all hut by the clerk, and that he was not an oth
Ger Of the court, but merely the assistant of the
clerk
The court asked the District Attorney, (Mr. J
Prescott Hall,) if he intended to reply Tha
gentleman said he merely present on behalf
of the marshal, and the marshal had no inter
! est in the disposition the court would make Of thu
case between the claimant and the alleged fugitive
the District Attorney did not design to offer any
reply, but mercy referred the court TO several au
thorues.
Court-Does counsel for the claimant appear !?
Mr.. Western answered that he did not.
/ Court-Has the counsel on the part Of tn,
claimant had notice.
Mr. Western said he had had eight minutes
notice, and he came yesterday to protest agains
| the proceedings.
! The court said that even if they were to agree
in the views offered by MIR. White, they coult
not consent to the discharge Of the man, the othe
party not having had the eight days notice.
Mr.. White said they gave them notice yester
day.
/, Court said the meaning OF this act was that they
r must have eight days notice Of the proceedings
in order that they msy be present to resist the ap
v plication. The court was unwilling to dispose o
: this matter without hearing the counsel for th'
claimant; II they do not choose to appear now, thu
case must be adjourned until the time for thu
e proper notice expires.
!; Mr.. White asked for an adjournment till Mon
day.
( Court-There is use in adjournng unit
Monday; it must be until the eight days have ex
: pired. The statute says that the same notice mus
be given to parties as isrequred in special motion