Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-04-16

general compass the Judicial power, but from their
special limited end ministerial nature capable without
violating any constitutional rule, OF being Withdrawn
from the action OF the courts and entrusted to officers
speeially authorized to conduct them. II may be DIFF
hcu to define the boundary on the one side Of which
all these cases would range themselves 1t might be
wholly lnexpedient TO define 1t in written consu-
on That itexsts, no Jurist can entertain doubt and
seems to me the only question in this case is wheth
or Congress- in authorizing these summary proceedings
before Commissioner tor the surrender of fugitive
from service have passed that boundary or not am
clearly Of opinion that they have not"
| The Commissioner then proceeded to explain the
nature OF the investigation. was final trial of
the right OF Thomas Sims to his liberty but one an
alogous to that under which the fugitive from Justice
returned for trial, and he cited the opinions Of
Judge Story I'D Comment Constitution, $500 and
several practical decisions TO that effect.
ut is merely proceeding establish the right of re-
moval. In the case OF surrender of fugitive from
JUSTICE there is no further stipulation for the subsequent
trial of the prisoner than there here 1t is suggested
that there are practical difficulties and improbabes in
the way OF an eventual trial Of the returned fugitive
charged to be slave; but there are also practical
means and provisions in the slave States for such trials
and the Government might well contemplate that
class OF probabilities the other 1t clearly constituted
this act Of the Commissioner ministerial one eav-
ing the final trial 10 the State Government Upon the
ia llh that 1t will do justice to its own subject,
The Commissioner then proceeded to cite the au-
or tiles which confirmed his reasoning upon this point
"The next objection raised is to the competency of
the copy OF record OF the court of another State as
eFlu6lc6 III case, congress having pOWeftO
authority to State courts to take such testimony There
are two subjects Of inquiry: first has any person es-
capped from Georgia as alleged secondly is this the
mani The act directs the first examination 10 be made
there, and the second here. The United States Su
preme Court having decided that State magistrates
might under the former law exercise the whole of this
jurisdiction 1t is certainly competent for Congress TO
confer part OF 1t upon such magistrates now and as
IN the case OF our courts acting upon the evidence GER
tined by bank commissioners it proper to make the
finding OF the State officer his part of the inquiry
VUhn J.,I,zz
upon the other part
"Asto the objection that the prisoner was not present
to crossexamine the Witnesses against him. his absence
from the State that he could not be served with no.
tlce was in his own wrong and he cannot now COM
plain OF it,
The Commissioner then,' after replying at some
length to the general argument that Congress have no
power to egislate on the subject OF fugitive slaves at
all, but that It Is power and duty which belongs ex
cuslvey to the States proceeded to the evil
dence 10 the case. After full summary of this and
commenting upon it, he closed by saying:
"Havng thus stated the conclusions to hichtI have
come upon all questions raised in this case have only
to ADD that can entertain no doubt whatever that it
my duty to grant to the claimant the certificate which
he demands, and do accordingly grant it.
feel to be public duty, 10 closing this decision
to express here my deep obligation to the Marshal of
the United States and to the Marshal Of the city OF
Boston, and the various officers serving Under them for
the efficiency and prudence with which they have dis
charged their respective duties connected with oc
casoned by this hearing"
Ieuulug these proceedings, on the evening OF FaS
day. writ OF habeas corpus sued for before Judge
Woodbury.. OF the Circuit Court Of the United States
for this circuit and he appointed three o'clock yester-
day afternoon to examine the case. The charge was
that Sims was held by the Marshal under warrant for
wounding the United States officer who arrested him.
which warrant was ia itself bad law and further
that although it had been served four days SINCE there
had been no trial under it.
His honor explained The nature of this class Of war
rants and showed that definite description of the crime
alleged was unnecessary 10 point OF faclthe counsel
hol~ oIp ,h.tI
been committed, by making similar complaint for the
same offence before State court. As delay 1t ap-
peared that the man had been constantly in the HANDS of
the Marshal tor another examination in the same court
1t was not the custom of any court and the Marshal
had no right to Interrupt trial for the purpose OF
commencing another.
His honor said that since the petition further mo-
ton was made him 10 hear the cause its merits and
bail the prisoner. Advertng to the unusual character
OF the motion, and the entire want of law to sustain it,
his honor remarked the prisoners counsel had refused
to let him hear this case during the session of the cir
cult Court He was here merely in chambers no court
in session himself without officer or any pow er what
ever cave the honesty OF the citizens around HIM and
the respect due the laws. 1t unprecedented and
impossible: he should not entertain the motion. Let
the prisoner be remanded to the custody Of the Mar
sha as ne was before tho issuing of the writ.
His honor cautioned the Marshal-of the prudence
OF whose conduct he expressed his appreciation that
when the public peace permitted, if re did not return
the warrant without an injurious delay, he would be
table, unless the United States Attorney and the COM
planant should abandon their prosecution, which they
could do if they chose Ia burst OF applause follow
ed this decision, which was promptly checked by the
Marshall
The opinion of Judge WOODBURY., as we'll as his
bearing with regard the counsel in this somew hat ex
traordnary inquiry, excited general commentator. 1t
produced several times louder murur applause than
BELTS of justice. One of these occasions was
when Mr. SEwALL inveighing against this proceed
ing taking place under Massachusetts law" Hishonor
replied that he wished the gentleman understand that
the laws of the United States the laws of the peo
pie OF Massachusetts; and that, Notwithstanding the
action passions of fanatics he hopedt would be long
BEFORE whatever Massachusetts was she ceased be
a State in this Union.
Yesterday a committee of the Senate commenced an
has been violated by the remssness OF the officers
of Boston ofthe Commonwealth and Sheriff Eeveth
has been under quasi examination.
During the forenoon oil yesterday there was meet
ing at fremont Temple, where Messrs. Pisbury,
Phillips and OF ers-interruped by Abby Folsom and
othersabused the Boston press and the Boston pulpit
to their hearts content We understand that they col
lected $65 towards their expenses and expressed an
earnest desire TO receive much more.
NAL notice to the Marshal that he holds Sims under
criminal warrant for assault, he take him
of the State without giving ample notice to the
painants.
We believe that now all the claws delay" has been
gone through with, and that Messrs. Sumner, Dana
Rantoul, Sewall, Wendell Phillips, and Miss ABBY
Folsom will retire from the field. They OF them
believe appeal TO physical force in their per-
sons. Sims will be sent South this morning.
ANOTHER CUBAN EXPEDITIoN.-The ATLANTA
Georgia. Intelilgencer, of the 10th inst, says
Il