Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1851-01-02
he TIabeas Corpus in New York

!; he Habeas Corpus in New York
= he New York papers report case which VII
be peculiarly interesting to Vermonters, so far a,
the virtue of the habeas corpus is tested Our
impression BIZ. been that the statute Of \. Norl
limits the hlbeas corpus in respect 10 cases nm
der acts of Congress, or in the federal courts
yet we observe that the q. $. commissioner
yields to the writ and gives up the man to The
State Court.
Nrw YoRK. Dec %.
A colorod waiter at the Pacific Hotel by the
name OF Henry Long, was claimed % be the rui.-
away slave Of John +. Smith, of Russell coun
~. Va. WIN. w. Parker, OF Richmond Va ac-
ted as the agent for MS seizure. H. was taken
At the table, seized, dragged ont and carried be-
fore Commissioner Hall. Mr.. Whitehead APP
pearcd in his behali,-Parker swore TO his denii-
". but on cross examination. said he did not
knoto that Long was slave. Counsel for Long
wished To postpone the examination, IA order 70
obtain testimony To show that he was living IN
New York gt the time he was claimed 10 have
been in Richmond, winch was opposed by the a-
gent, who commended that The more summary the
acton, the more II was IN accordance with the
law. The Commissioner, after some hesitation
postponed TO ea.e until iur-d1y.
1t was resumed on the following day, H. NJ
Weston appearing us counsel for the seizure, and
J. H. White ana John jay for Long. After The
testimony against Long had been concluded, Mr..
Whitehead, one of The prisoners counsel, hand
ed 20 the Commissioner "a writ of h'beas corpus
retuuablc on Thursday. Mr. Weston contend
cd that ihey need not obey th $ wnt-thlt Ws
act WAS imperative. that the onmssIane-saoud
issue his certificate, and d-mnnded that It should
be DONE Mr.. ] referred 10 ,hc opinion of Mr.
Crittenden, TINT the law does not do away witt
the writ of llhea3 corpus bat Alr. Weston Oh
/ lacted 10 the s0undn1ss under the law, of the %
plnion.
The conmss oner said he should most certain
| IL obey the writ. and IN the mean time would adj
journ tins case TO ! thursday, at l. O'Clock, thl
man N the menn time 10 be- retIual IN the Gus
toby Of the Marshal.
Nav YoR1, Dee q.
L. $. CoN,ussioNER's OFfIcE-l2 O'Clock
The Nilrc tase.--- he Commissioner took az
the further hearing OF the case, according TO adj
jourumcnt
Mr.. Jay as counsel Of the fugitive said, W,
object today rs We did uie day before yesterday
to hold any further proceedings until an adluli
cation Is had on the writ Of labeas Corpus, whcl
WAS issued irom the Supreme Couri, as until the
Ne think that You have no authority 10 prucee,
IN tse matter
Our objec, in procu-ing the writ IS to test h
cunsutunonllity ofthe Act ,f Congress undo
which You act fore the supremc Court, tn
ourt of Appeal, and The supreme Court of th
: United States. We believe Il TO be unconstitu
upnal and yolatve, from beginning To end
various rights under the Constitution.
Mr.. IS ESTEEM conleuled that the COMMISSION
er had no right to adjourn the case, and that tn
writ Of iiabe Corpus did no compel him 10 syn
proceedings m thecisa OF IN any way rnt1riei
with the proceedings, now going on before I'll
CORNERSTONE.
According 30 the intentions of the other part
the case was 20 be- htld over for snne two
three years, while 1t was going through the diie
ent Courts and .t was utterly preposterous 20 ga
such a mode ofprIs seeding cJld b. called suu
} mary, or such the law contemplated or rel
dcred 10 he duty Of the Commissioner 10 perion
3 Since the adjournment several persons fro
- Virginia had called on hin, Mr.. Western, az
informed hfm ihu they knew the alleged sla,
a from his boyh1ol also knew has mother, and th
# any aeiAes evidence Was deemed necesslr
i, ma rel iuon 10 tle slaves identity, Il would be pa
dnced.
MI Jay replied OF considerable length, az
concluded by requesting that no further pucee
ngs should be taken IN the mattcr until the cai
.
The Commas ouer said. on iunslav NIGHT
said that | should most certainly obey thc wl
10 of hlbeas corpus which was rived on nae. az
A. It Is scarcely necessary iuf sac to repeat hat
i intend 10 obey IT, ! made out q return this mo
=, mug, which was tha first opportunity have b,
7 yestei dsy being Christmas day, made out d
!. return this morning, and lett 10y office To ma
y the return, and was informed that the court n
I, adjonfned
!, Counsel on both sides addressed the Comm
, sionor and Mr.. Jay .ted that tAe senior couu.
~ IA the case went away on th' underestimate
! that the case would be adjourned u tomorrow.
- Counsel for The claimant then assented to
Il adjournment and the case was adjourned 10
O'Clock, tomorrow.
r. NV YoEr, Dec. 27th-I.ong, the fug,ti
er slave, was this morning brought, on the writ
rs haboas corpus before the full bench OF the ;
al perior Court An affidavit was put IA by l.or
al declaring himself 10 be free man, and namii
rs several witnesses to prove his statement Sol
~ Of them were summoned 10 attend, and the ca
Ne was further postponed TO await their evidence.
OF NEw YoRk, Dec. %.
le The case of Henry Long, the alledged Fu!
d, tive Slave, was again resumed before the u.
TO Commissioner yesterday afternoon. James
At Smith, a colored witness, was recalled and
h ahmed at CONSIDERABLE length, but nothing n,
d was elected lie reafIirmed his belief that
"A first saw the prisoner al Bucks house, in Febr
. AIRY, ie4e, and again ia July, 1850, on board Of
, steamboat, where he seemed 10 be employed
'e a servant The cross examination led 70 nothll
now. Al u l.. o'clock, further proceedings We