The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-15

The claimant se's iofth IN pursuit. that who
owed him service has escaped Ii has manifest ten,
dency TO increase the difficulties of setting up fictitious
and unfounded claims II furnishes 10 the tribunal in 4
free State called upon to make the satisfactory
that respectable tribunal of the vcinage has
verified the fact that there certain slave and that that
slave has escaped Any who has been called upon in
free State TO issue process TO arrest OF these fug
lives have felt the force and value of such verih
cation. sf# t ..- #rs .H3 -5E. Ita Ma
nhe next place. the stauie by requiring the claimant
escaped and by requiring that description 10 be made
matter OF record has furnished to the tribunals in alice
State making an arrest additional safeguard against
imposition or mistake Awrilten description made WIN
all the convenient certainty that the admits Of spd
made, too, al a time and place when aAd where The
claimant cannot nicely adapt it to the exgences OF the
arrest which he intends to make, is placed before the
court or commissioner here as the very groundwork o
the case. . E#e. .".a# n.l I.,gs'i 8lj, iorpso
In the third place. the statute by making the record
conclusive of The fact of escape, and that the service
OF the party escaping was due 10 the CLAIMANT makes
the description also conclusive. The cainAps
cannot alter it amend it by making hair whltenOr
black. lie with record in his hand, and 10 thar
record he is bound he presents il the con-
missioner He must bring the person arrested within
that description 10 the satisfaction OF the mind OF the
commissioner by competent and Independent proof-by
the opportunities OF Inspection, examination, and CON-
parison-or he fails to make out his case.
On the other hand, the making the record conclusive
to the description OF the party who has escaped can
work prejudice TO the party arrested; for if he is not
him whether the description be strictly accurate
and if be is the party intended 10 be described, any mis-
description mus, only increase the chances Of his escape
Whatever others may say think, therefore, OF this
provision of the statute feel quite confident that there
is no right tmnded in this country who has been.
is likely be- called upon 10 discharge judicial duties
feel nexpressbe satisfaction and relief that the law has
been made in this particular what il is, ".s4fss.t
Let suppose Tor moment that the statute had pro-
vided such record or that being provided, were not
resorted to- but witnesses are sent here to establish both
the propositions which involved In the issue the
first place, the warrant must be granted, without any car
at Hratn her "a
tain save and that he has escapedcan be established
In the place. the witnesses who 10 establish this
arrested and they testify to both propositions after the
arrest has been made 1t is manifest that undar this
form of proceeding, the opportunities for perjury and mis-
representation. in all their infinite variety OF shades are
vastly increased. .-Ga. rH .r5o4si5s .G4
There is no check upon the witnesses the question
of identity because there is no standard to which that
description of the party whom they say they knew
slave the appearance OF the party under arres they
may do this wuily or unconscously; but, whether it
done from corrupt design or from the mere effect OF
eagerness and ZEAL is very easy TO see that IN nice
or critical question Of denly The dangers that would
from the blending OF h no he me oue
OF proceeding which keeps these propositions clearly and
logically distinct, and makes the one in some degree,
form OF proceeding for The claimant, there every
expect. there certainly 10 hope that it will gene
rally, if not universally, be resorted TO. ~ @ ii1aIi
In the case before the agent OF the claimant has
Gated made by and before the Hon Henry r. Jackson,
Judge the superior court of the eastern district OF the
State OF Georgia from which appears that about
The 22d day Of February last Thomas Smms escaped
from the Safe of Georgia while owing service or labor to
James Potter The claimant The record also contains
description of the said Thomas Simms, which il s not
necessary ece This branch of the inquiry there
fore, fully made out-nameiy, that there was certain
person named Thomas Smms who owed service to James
Potter in the Stale Of Georgia, and that he escaped from
that State about the 22d of February last.
L remains only TO inquire whether the claimant has
tr,ar rhnI 81
the identity OF the prisoner at the bar with the person
described in this record having escaped from Georgia
while owing service to James Potter. The evidence
upon this point is OF three kinds /. The evidence OF
the prisoners appearance which corresponds entirely to
the description of him furnished by the record. g. The
evidence Of witnesses who knew the prisoner IN Savan
nah the slave of James Potter 3. Facts TO by
oher witnesses which tend 10 coroborae the previous
testimony. 4.
The witnesses who swear directly TO the prisoners
identity are two--Edward Barnett and John B. Bacon
Barnett esfes that he has known the prisoner for the
last ten months in Savannah, under the name OF Thomas
Smms that be worked bricklayer the same scat
folding with him in August and September last that he
once asked the prisoner II he was slave, and he replied
that he was and that he belonged to James Potter nce
planter who lives ten or twelve miles from Savannah,
and ha, he had to pay his wages TO Mi Potter monthy,
to the amount OF about $40 per month This witness also
states that be knew the prisoners mother and sister IN
81
The other witness (Bacon) is the agent of MIR Potter
who here TO make the arrest He tesfies that he
has known the prisoner, as the property OF MI Poer
the 22d of February that during the last ten years the
prisoner has generally lived with his mother in Savan-
nah, accounting to MIR Potter for his wages; that he
knows the prisoner did account for bis wages, from
being present both when they paid to Mr. Potter by
The mother and by the prisoner, and from repeatedly
ing his mother go after him for his wages and that there
is not shadow OF doubt with reference his identity
He also testes that he left the mother in Savannah
week ago last Saturday He adds fact which has no
legal significance here, but which certainly disams this
of any unpleasant features thai the last thing which
the mother said TO him. the OF his departure. WAS
10 beg him. whether her IN free State or "a
slave State, for Gods sake to bring him back again
Both OF these witnesses are entirely unlmpeached.I
Both have appeared upon the stand to be respectable,
candid and fair witnesses. They very properly
subjected searching examination, TO ascertain
whether they have any contingent interest in the result
Of this proceeding and does not appear that either OF
them has No attempt has been made in the argument
10 assail shake their testimony, and hold myself
bound yield 10 II unhesitang and implicit confidence
The other evidence. which from The master and
two OF the OF the brig M. Il j. c. Gilmore proves
beyond the possibility of doubt that the prisoner at the
without the knowledge OF the or crew. in February
asst
Ball. of the crew, testified that he saw the prisoner
IN Savannah five six days before the brig sailed,
alongside that the steward asked him if they wanted
cook and he replied no that the next he saw OF
The prisoner was after the brig had arrived inside OF
Boston light, when he came out OF his hiding place.
Eldredge the captain, testihes that he saw him first
alter the vessel arrived in this po and Ames one OF
the crew. testiies 10 the thing Both oil these Wit
nesses conversed with him separately and both asked
him the question whether he was slave. 10 Ames he
gave account of himself utterly inconsistent with the
account which he gave TO Barnett and with the other
facts sworn 10 by Barnett and Bacon H& tforls
He told Ames that he was born in Florida that he
was not slave that he had mother and sister in Bos.