Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-01-14
Renorfed for the \. \. Journal t; Commerce.
UNITED STATES COCRT-W snSEsDAY. JAN. :
THE FUGITIVE SLAVE CASE.

UNITED STATES COZ Rl-N J
JuodE JupsoS PRESIDING.
THE FUGITIVE SLAVE. CASE
Judge Judson this day read lie following decision In the
alleged slave Gaze and ordered that he SHOULD be surrendered
10 The claimant.
In the matter Of John S Smith for the reclamation of m
alleged fugitive service known by The Of Hen
This proceeding has been trough, into pars
OF tie Ac, Congless February IL 1923 u.en.
!a,ory Act ISL! Sept, 1859.
J. T. Smith the claimant: Is a resident Of Virgins md
c'as the restoration OF Henry Long is tug live rom hi.
service To reclaim hin 10 that sersea he has under
valid poweto attorney, caused the arrest OF Henry Long
b. his authorized agent and attorney.
An affidavit h4yas been Sled III court warrant issued
and the made Henry is row in custody o ITO
Marsha! Of Tie district awaiting tie determination OF tits
matter.
no questions have been raised in regard the form
dly Of the papers of the
The claimant has poaace MS ev:eace IN support OF that
claim alleged fugitive h. his counsel produced
such evidence the counsel deemed proper; all wta has
been hea I'd and considered.
Counsel learned in tie w ave discussed w.:h great abi.
lity the questions involve ID in the
And drvoive5 tie decide .ese questions
according law aGd ey!GsEcc.
However important, nlay to 10 tile public m H.!
diridIa other rrie was adopted i'll The admir- "a
zion OF justice.
Ii evidence be weighed, tia be in even
scales
Ii the 1w is 10 be ine.pe'e! heo he departure
from tie Ion: established rr!es belonsne 10 tho code Of
civilized world
Before stating the question DO determined /, may
BE- proper 10 remark nai IN argument OF tie cause
learned counsel the defence o ast add cssed the CouT
did win great :rlnsness cndo,, admit that The law a
Congress- Of September 1850 hv virtue o which this
IS proceeding III the CicGt Court Of tho United States,
is inconsistent wI the provisions OF Inc
Constitution. o. in other words, lar This and
this Court concerned his ar CONSTITUTIONAL rid ah
binding.
10 this admission may wo. be aided tha, every Judge
and court Of the United States having taken upon ihen
selves the oath ~ support Constitution, can by posi-
bily fail in performance u that duty whenever
falling within the law supported by proof IS brought before
him To do otherwise would be 'ol'iion oi An"wHdutl,
nd . str,iiu OF NIL law pye
Judge BY single individual u that community IN when
he may De called 10 act.
These conscientious and Ill! ao.isscn sGperseje all
ceesl OF discussing either The u,ona.ty Of the law
or il power This Court.
What remains be- done IN he present cdseI IL Is
simply to inquire,
ISL Does Henry Long by The laws of Virginia owe 81:
vice aud labor 10 John I. Smith, the claimant and
ii. is Henry Long fugitive from that service within the
meaning and n,cn, IA. ~ oi he tn nriicl" VI tho
Constitution the uned ami within the meaning
Of Act Of Congress above mentioned.
The questions . comprehend al ;ai i!s court has TO
determine.
The case therefore brought down pou.
the common sensr construction and rsPh Of evidence
Some of the obrlous rules for the weighing at evidence
may be alluded furnishing gnae for the mind
The means Of knowledge, tie integrity snd sandlnso
Witnesses the probability OF Ito story related the Liability 10
mistake time, iacs ~ circumstances connected WIN
the nil br ken into tic account, In giving
effect the testimony OF the
To 10 The rSt 2sss:on Does he person arrested
according TO the law OF Virginia owe service and labor 10
the claimanl
Nv the laws OF Virginia, slavery ID tolerated The Con.
su,ion L. States yts It's sanction to that law rna
the organizlono the government The S~reme Court
OF the T. S. their decisions have upheld TIE
right therefore subordinate tribunals Gun ever call 1t N
question In point Of fact 'hcn how stands the case and
Tie proof in regard to the person c!aifaed!
Dr. Wade Il citizen OF Virginia, intelligent Witness
speaks OF his knowledge The Court bearing tesmo-
rs that Henry born in his immediate n.lghoorhood in
tie town OF Chrsiilnshut2 III alna ,hnt his mother was
slave owned by Mr. Anderson and that they were brought
up together as boys ana men; that ne has always tno~n h!m
and him in service slave; that hs claimant mar
the laughter of MIR Andcrsol that after the death OF
.r. Anderson the mother ana r7ssed ln,o the handso
claimant: and This witness a-s tia, he has since not
with Henry New York. ard in conversation win him.
seeing 'm in Court, he knows him 10 BE- the Same
person. and positively swc1Is his .!cu:y lie could
his brother.
Dr. Vim Parker another ci:i1 81 Virginia testified tha,
heretofore he has been in tin Ia III 81 visiting John l.
Smith HE in Russell county Virginia, an!
cav STARE the person ere arrested; t
the instance ana ieGucs; d Smith and his AGENT ths
witness had HE letting oi fcny in kchuoui Virginia,
house ol lassins LIBBY is slave OF this defend
ant and collected the wages transmitting the MS
-n.law Smith. That while ia service in Rich
mond Henry MAS SICK more than once tia; be- was his ply
scian attending him w:e e sick AMI up with him
through nch ,at a, III" rqucs. Of Henry nc wrote
Hengys wife anl master IL Russell coanty.
Two witnesses. masters of vessels sailing between the
port of rew York and Richmond have also testified *.at
they have frequently seen the work in the OF
Haskins s LIBBY during the time stated by Dr. Parker
that tina; iry have him in this city and
ing him here in Court Identify him as the SINE indi. dual
The aeconi question "a has Henry Long escaped from the
service oi John /. Smith
Dr. Parker again iestiGc- that IN December 1875 Henry
left Richmond thit he advertised hT that dligen
search he could be found there time
has been fond in The city oi New ioS.
Or the part the claimant asserted that this ,iencc
should be deemed satisfactory proof, competent in law.
On the other hand counsel fox he defence introduced
four witnesses who suited i!at they saw Henry in the
city Of New York in November and December, 1917 Janu
ary "a, ISIS, and from ih,; time down the PRESENT
II is imcl 90 The part OF 'lc defence :ai the aege: ~
.itivc Richmond tae ,ine ON L. by b.
Park: and the tS@ snip masters.
There necessary Contradiction between HE ,vitne-
SIS mus introduced They oay ,.ir az 10 ;ine Thernfs
four iny-
in New York, the Precise time ,hey amy Dc ms.
ancn, ana have substituted las G9 For instance tho
paper whic tcars dtt January - 1915 was undoue !ly
written 10 1919. For ir Witness declares her 4t.er.in-
aw sa!es tic Caioni. III particular shi2 which sailed
January 7iS ns she siv.ars "nen IN point Of fact the SLIP
sailed in January l@i9.
Thenas III testimony Of John Butler: h. ,.idss ,hathc
has seen HEAVY e4nrntiythht HenTy constan, on.
yer o ca;1lis' from particular na.d b., hl
hat h. often met tin I'll yiacMsni;.s shop IN Centre
One q the.c "iin.sses tes!ies ha Henry waiter
vim MS wai'tl glgb ara d;css boar! he ElncJii-a
III the year LIS
Ii 'hese things acIg in 1919; would be IN sas.
matter Tor Henry Counsel where c!
owner of lie coach h. drove ins; .hsr- sc lo;v!
In which IL waited, ned IT, Captain vi Van
here.
This omission Coca az show IA, there may lave been
mistake 10 III precise Henry Vas first seen
~ N.w York, and AN honest mistake too.
There another remarkable omission which character
! sGs the defence.
Are there two Henry Longs! ! have heard Of no such
prtence, nn II there te Henry Long the Question
naturally presents ITSELF hefe-Is ts man now present.
ne Henry Long o. Virginia, lie Henry Long Of New
+. YORK
And the Inter Why h. p,rcn,s his brothers his
sisters his neirb.rs MS hoyhaod acGau!Hanccs here
,n.y hiin instead Jnlr Bu;ie,? they would all
10 Tie Court room nnd toll L. 'ht IN. the Henry
Long oi New York and fireman.
The aspec' OF the caSri' one 81 singular importance
These Considerations ca,. the :our the inevitable
cluson mat there real contradiction arising of the
evidence %! the ana that the questions ot
fact involved in the maintained upon salts
factory proof cpmpet"n, in las.
The consequence IL thai certificate In conformity with
the Act Of Congress be i-3l b. 'hc t'i.rd this
Court for he surrender Of Henry Long fugitive from
service and labor
Correspondence u tie Baltimore Sal
WA.HrsoroS, Jan. 1851.
CALIFORNIA LAND TlTLES-DR CiWIN AND MR..
BENTON.
Dr. Gwin Of California to-day answered Col Ben,on's
Objection neat, business Ike, ard statesman like man.
ne earnest impressive logical and coherent,
admirable. good temper which is.li evidence good