Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-09-05

opments upoo his cranum that he has strong marks Of
the Indian, and that he is not than twenteths
OF the Arcan if any at all. Mr.. Grnnel, a clergy
man, who processes to Judge from physiognomy, pro-
nounces him full blooded Indian, as also does MIR.
Bailey. Mr.. Wells, another phrenologst of distinction,
concurs in the testimony OF Mr.. Fowler
We have then three witnesses, who give it as their
opinion, that the defendant has African blood in his
veins DR.. Smith, whose opinion is based upon scieni-
fc principles and Mr.. Grnnel and Mr.. Bailey, whose
opinions are based upon observations Of the Indian
SO Tar appears have no particular experience
That there ls marked distinction in the physical con.
formation of the various ofmen is well establish
ed by SCIENCE and atested by every ones observation
But where the races are mixed and blended together
the marked characteristics of each become so shaded
away, or many exceptions to the general rule are
discoverabe that the opinions OF men OF science be
come too shadowy and uncertain to be the foundation
OF judicial action. And when two men of mixed races
are contasted together, it seem. too much for man TO
say that has of the blood of the other be-
his head is tre higher or larger or broader; or
| because the bump of phoprogenveness is smaller
and that OF desructWeness ger. 1t would puzzle the
most eminent phrenoogist to TEL. with precise accura-
cy how much phioprogentveness is necessary to
sute negro or how large must be the bump of de-
sructiveness duly to quality and set out an Indian.
IL seems to me, therefore, that the testimony of men
oil Judgment who have spent their lives in daily con.
tact with the various shades and mixtures of negroes
and who say that the defendant has African blood be-
cause ne resembles many whom they know to be Of
the African race, is TO be preferred any fanciu opn
IONS founded upon differences in height BREADTH or
length or depth, hardly perceptibe 10 ordinary eyes,
especially when The opinion OF the former is corrobo-
rated by the reputation and action of more than twenty
years and 1t the matter is to be decided by personal
Inspection cannot resist the conviction that the faint
OF the African conamnates the blood of the defendant
hold therefore, that the first proposition on the part
oil the claimant is established, and that the defendant
has African blood in mis- veins and is consequently ss-
ceptlbe OF being slave. The next question, was he
born oil slave mother, and therefore in fact slave
The evidence OF this is that he has been held slave
and dealt with as slave, and transferred slave for
period OF more than 20 years from the time he was
ii or IL years OF age, together with the fact that he
has African blood in his veins and is therefore capable
OF being slave.
blood in his veins, no matter how long he had been
held in bondage or upon how many records he NAV
have been written down slave, by how many bills
oil sales he may have been transferred it would not
have advanced the claimants a single step toward es
tablishing his servtude. 1t further appears that he
came from Virginia, where vast proportion of his
race were slaves and hehad been kidnapped or foc-
bly, or trauduenty conveyed from that state knowing
himself to be free he must have known if such had
been the TACT is to be supposed that he would not at
some time during the period Of twenty years. have
made his wrongs known, at least in murmus and COM
plants But the fact being established that he is OF
race capable OF being slaves must hold in accordance
with well established rules of law, that evdenceFof
disputed claim land possession for than tW eny
years proof OF lawful title, in other words, that he
was born of of slaves, and is the nea heir of in
the maternal ine OF the unhappy fate OF his
PhOpOeitioue
ants being established THE third is not the subject of
CONTROVERSY for ii is conceded all hands, that he
IS the slave or property OF any body, he belongs the
claimants, and escaped from their service
happening to my mind, therefore, that Satisfactory
proof has been made that the said John Boding does
in fact owe service or labor" to the claimants in this
case n The staIe OF South Carolina from whence he
escaped, feel bound to grant to the claimants the
certl ate provided by the act, thereby authorizing
them to "take and remove" him back to the state OF
South Carolina.
n ma that ~fi,Jno =,
final degree OF the defendant into state of slavery; for
to say that the certificate granted consgns him bond
age "f any kind or duration whatever, msrepresen
tation or mlsconsruction of the law. Whether the de-
tendan is freeman slave, is to be adiudicated by
ADLER, and wiser, and Older heads than nine and the
language OF the act is carefully worded to preclude any
such idea, tor 1t expressly declares that the certificate
shall be conclusive not that the defendant is slave
but TO use its very language shal be conclusive of the
right oil the in whose favor granted to remove
such fugitive to the state or territory from which he es
caped.'
When therefore the claimants, by virtue of the certi-
cate granted shall have removed" this defendant to
the state OF 5. Carolina, it will have performed its tunc
TONS The moment the defendant is removed TO The
state OF South Carolina the certca becomes emp
ty scroll IN the hands of the claimants, mparting no
thorlty to hold the defendant in their custody possess
sion, and II they continue 10 hold him. they do it upon
their personal responsibility. When the defendant is
removed to the stale of South Carolina, he should
desire to return to the state of New ork, and is in
TACT freeman he may do So and this certificate can
intepose no barrier to his progress he thinks pro-
per he may challenge the right Of the clamants-sum-
mon them into court of justice, and call upon them
to prove that he slave, and Court in South Ca
rona will impose upon him the onuS of proving that
he Is Tree. The cases cited by the counsel for the de-
tendant, show conclusvely that justice and humanity
are not the exclusive property oil the of the NORTH
and those virtues not exist where slavery prevails
it follows that they of but very recent origin in this
state OF N. York.
This decision was listened to with great equanimy
by the defendant and not the least emotion was per-
cepible on the countenances OF his friends.
Mr.. r. ID. Culver informed the Commits Toner that
he had Just received telegraphc dispatch from Judge
in Butio, conveying the Intelligence that Judge Conk-
ling, of the U. S. District Court for Northern New
ork, had discharged the fugitive slave Daniel upon
grounds which were equally applicable to the present
case.
lie, therefore, asked the Commissioner to defer grant
ing the certificate until the counsel for The defendant
should have time to the question before one
of the judges Of the U. S. Courts here Mr. Nelson
replied that he should be happy grant the defendant
any favor in his power, but having decided that The
claimants entitled the posse sson OF the defend
ants person. he did think he had any power to de-
lay the certificate without the consent of the claimants
or their counsel.
Mr. Culver then appealed those parties for delay
OF twenty four hours and offered to give any security
they might require Tor the safe custody of the fugitive
In the meantime Mr.. Goodman, however, said that
he was instructed to ask for The certificate Immediately
the claimants, said that they were willing TO sell their
slave at the price already named, whenever his friends
were prepared TO purchase him.
INDIAN CORN CULTURE.