The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-12-27


pose of being engaged ID more lludable causes /
| than that in which he now appeared Gaughter.) |
Mr.. White continued, at some length. TO argue |
against the admissibility Of the question pro-
posed He contended that as the Commissioner |
had decided not to admit the confessions OF the
man, he cannot receive in testimony against him
his acts for acts are confessions, and are like
wise incompetent evidence. He said, see what
liz would lead to man may by duresse, gain
free man of color to work for him, and would
it be evidence Of his slavery to obtain witness
ses to prove that they had seen him work in
tobacco field that person might be sent to sla-
very by the admission of his acts, whilst the
law repudiates the Degation of such evidence.
i Mr. Western contended that this being penal
act, it should be legally construed on one side
and the other He (Mr. W. did not limit his
proofs to the mans own acts but to clrcun-
J, stances surrounding him during the term of
wears he was known to the witness. There are
hundreds, aye, thousands, of slaves in Virginia
! held without one scrap OF paper, and how else
could their bondage be proved but by the evil.
dence of his acts and the conditions in which he
/, existed He, therefore, insisted that there is al
wide difference between the admissions Of the
man and his acts the ownership OF mans
horse is evidenced by possession; the owner
ship of his house is evidenced by deeds, but the
3 ownership of his wheelbarrow is evidenced by
9 possession. He (counsel) offered to show that
$ this man came OH $50 miles from Doctor Smith
: to Doctor Parker, to be hired rs n slave; that
he was hired out, and that Doctor Parker set mp
: with him (Henry) one night in the capacity OF
s physician. lie therefore submitted his right TO
G continue with this examination.
r Mr. Jay replied and contended that evidence
Q Of acts of party, while IN state OF du-
:. resse. cannot be admissible. A law in South
$ Carolina enaets that every colored person arrv-
e ing at that place from any foreign port may be
l. taken into custody and delivered over TO the
DBL marshal while the vessel remains in port; bnt
J. before the vessel sails, the master may claim him
e from the marshal. and the law enacts that he
Al shall be delivered up to the master on his paying
!! the Jail fees for maintenance it the master re-
y fuses TO pay the Jail fees, then the coored person
e may, by the laws uf that State, be sold to sla-
d very for the fees due for their detention noW
i. he had seen by the report in tits days Herald,
,e that Doctor Parker admitted yesterday that he
meyer saw the title deeds by which this man was
e. held.
,e Mr. Parker said he had not said so.
er Mr. Jay was not present at the proceedings
Yesterday, but he took the report from tho Her
o. aid. Counsel then read the following extract
in from the Herald:
e. "Q-How do you know he was a slave A.
I'd have seen him Mt Mr.. Smiths house, and !
s, agreed to hire him out Q.-Did you ever see
the title deeds or authority by which Mr. Smith
e. held this man as save A.--No, sir, have
u not Q.-Have you any other means Of know
a. ing that this man is slave, than seeing him
ly with Mr.. Smith and your hiring him out A.
n have not, except that have heard my sister
speak Of him as being very useful servant, and
IN the property of DR.. Smith. Q.-Are not some
of the black servants, in Virginia, freemen! A,
IL Certainly have heard Mr.. Smith speak of him
ii. as his servant the servants and slaves both are
err engaged in the same kind of work, in Virginia
ut and black free persons, well as slaves are
is sometimes called servants beyond what have
~ seen, and what have heard from DR.. Smith
and my sister, have no knowledge of his being
n Il slave"
The Commissioner was then asked to read
d. his notes. and having done 50, they were found
as to be almost verbatim with the above.
m Mr.. Jay said then this report is virtually cor
rect.
ID Mr.. Parker remarked that he could explain,
IN the meaning which he intended to convey
" Mr. Jaw continued. lie denied that the right
ne of property was, as stated by Mr.. Western,
le proved by possession and he maintained that no
IS single act of this party, while under restraint
could be established as part of the res Jesfd. In
H. case Of chattels, except wild animals, they must
belong to somebody the case il different with
" regard to this man: they cannot prove their
" claims by the acts of admission of the individual
he under such circumstances. Counsel referred to
m Cd Starkie on Evidence, page %.
st Mr. Fessenden, volunteer counsel on behalf
e of the accused, wished to urge one or two OBJ
o servations He said it would doubly enhance
e tie severity of the law, it the Commissioner
o would admit the acts of this man az evidence
1t against himself Is it possible, he would ask
4 that law, in civilized land, would shut mans
mouth as to his own yindication, and give his
III acts in evidence against him He trusted that
is the Commissioner would hesitate before he gave
such construction to the act The provision
lie Of the Constitution of the United States has
not the word slavery" in it, from beginning to
IS end. 1t says, one whose services are claimed
and is bound to service or labor, shall be re.
'e stored and it is applicable to a white appren
le tce as we'll as to black man; the evidence OF
acts is in his (Nlr. F.'s) mind, inadmissible. II
Of any law contains any such provisions, he verify
is believes that the Supreme Court Of the United
le States, composed of gentlemen who have prop
id erty in slaves, would set aside that law as con,
e trary to the Constitution Of the United States.
,r Mr. Western md Mr. Jay having addressed
h the Court on the same subject.
? The Commissioner said-No evidence appears
in the case up to the present time, to prove that
e the man Henry was in duresse, except as to the
,r relations he occupied towards Mr. Smith. He
is 1.-THE Commissioner did not know that the court
a was to assume that Henry was in duresse, and
he did not think that the duresse of slavery was
s. sufficient to exclude the nets of the party in
s. competent evidence. He thought, on the whole
y that the testimony on this point was admissible
v, Mr.. White excepted to the ruling, though he
D. did not know what advantage the exception be
N to him.
m The question was again put-On your return
ia to Richmond how did youfin Henry situated
re Answer found Henry at the Columbian Ho-
u tel he was waiter there; | received his wa,
ges myself for Doctor John r. Smith, by right
d of a letter from Doctor Smith, and by previous
agreement Q.-By what right known to Hen
" ry did Doctor Smith claim to receive his wa.
8, ges
NJ 1his nnestinn wns also ohiecteh 10 hv conn.