North Carolina standard. [volume] (Raleigh, N.C.) 1850-1852, 1851-04-16
Photographed for the Baltimore SUM-
RAE BosToN FUGITIVE CASE.

THE BOSTON FUGITIVE CASE.
Investigation before Judge Woodbury. Of
Counsek-Vrit Of Habeas Corpus Granted, 5oc.
BosToN, April IL, noon. The excitement growing
of the Sims fugitive case has somewhat subsidized.
The officers of the law, however, prepared TOR any
emergency, should rescue be attempted.
Last evening, another attempt was made to take
the alleged fugitive Sims, from the custody OF the
United States marshal by application 10 'uoge Lew
w oodbury, of the U. S. Supreme Court. The APP
pIication was made by Messrs Charles Sumner.
Richard Fl. Dana, ir and ss aoh e. sew SswaM
bury ia the United States Court Room and the par
ties applying were heard in argument IN support of
the petition. Is
Mr.. Dana addressed some preliminary remarks to
his honor in relation to the grounds of the petition,
and was followed by an argument by Mr.. Sumner,
in support of the captive Sims. He alleged that he
had been tor some days held in custody; that the
commissioner had caused to be issued process a.
ganst him for resisting the assauting officer Bate
man. while in the service of legal process which
he complained contrary to his rights.
The United States Marshal, though requested by
the petitioners counsel, had failed to bring h the
petioner) before the Commissioner, Hallett, named
in the warrant. a.e s..Er# y.s.s. ... ..s-s
The prisoner had desired hearing in the case and
suggested that the said warrant null and void.
Mr. Sumner held that the proof of the Marshal showed
Jurisdiction and was therefore invalid and void.
The commissioner Inferior magistrate of this
court and could take jurisdiction of the offence.
1t did appear from the process that Asa O. Bate
ised process therefore, the warrant was
nugatory and void. The warrant was issued oath,
and it equally necessary that the magistrate
should have jurisdiction of the offence.
The warrant required the prisoner 10 be brought
before the magistrate forthwith, but he had yet
been, though he had been heard several days in
tody.
Mr.. Sumner introduced the following affidavit of
Thomas Sims, and argued that his owner unau-
thorized in this to issue to the marshal the writ
of Habeas Corpus to bring the prisoner before him.
The deposition of Thomas Sims, is as follows:
81, Thomas Sims, of Savannah. Ga, now in con-
6nement in Boston, oath, do testify, and say that
believe the warrant from Commissioners Halett on
which am arrested, was not issued for the real
purpose of having tried, but for the fraudulent Pur
pose of assisting the marshal in sending to Geor-
gia, fugitive from service and to prevent me from
obtaining jury trial in regard to the claim made
for my freedom.
believe the said warrant to be trick against my
freedom THOMAS SIMS.''
Commonwealth of Massachusetts,, Suffolk, :.Apri!
10, 1851. Subscribed and sworn to before Inc,
Signed, ]. E. SEwELL, Justice of the Peace.
His honor, Judge Woodbury., said he could not go
into the question Of what the real reason OF the delay
Such delay as had occurred might be with per-
feet different accounts-but 1t was ccmPe-
tent ascertain now, whether the warrant was valid
not. lie should issue writ of habeas corpus,
and order release from the Marshal forthwith but
whether not he to be discharged fully was
quite another thng-a question of law and justice.
Accordingly, the prisoner Sims was brought before
his honor. when D. B. Curry, ESQ.,, appeared In be-
half of the Marshal and read the RETURN and also the
orders from the Commissioners Court for the remain
ding of the prisoner from time to time to the custody
OF the Marshal. He was desired by the Marshal to
that parties held interest in the case the
U. States and Massachusetts.
The marshal was advised by counsel that his re-
turn not transferable.
Mr.. Sumner wished for delay for the purpose of
collecting evidence of the unreasonabeness of the
delay by the marshal in bringing Sims before the
commissioner for the offence charged.
Judge Woodbury. finally consented to an adjourn
ment until o'clock this afternoon, and ordered the
marshal keep the prisoner in custody, and then to
be brought before him.
The mayor sent a request to the commandant at the
Navy Yard to assist in the escort of Sims to-day,
with force of one hundred and fifty men. and he
signi6ed his intention to comply with the request
SECOND DESPATCH.
Surrender Of Sims 10 The Claimant.
BosToN, April IL. The court came in at O'Clock
and proceeded to give decision.
The commissioner said he was here to decide a
great question of law on his conscientious convictions
of the truth. The first argument was that commits
soner had right to decide this case, Inasmuch as
he was not clothed with judicial powers. He ad-
mitted fully that claim of this sort came under the
judicial power of the United States, and the question
was, whether or not Congress had provided proper
acts empowering commissioners to exercise any OF
such powers. By act of 1912 there was an authorl-
cation of commissioners to act judiciay to certain
extent, and il quite common thing tor them to
arrest, examine, and lmpTlSon oHenulnS Sedmen anu
others, holding them in prison until hnaily Tried.
This degree of judicial power.
The rendition Of slaves escaped from one State to
another was of the same nature as the rendition OF
fupitives from Justice, only the was TO his own
er and the other to State. All that came before the
magistrate before whom the prisoner was arraigned
was simply the question of removal. II was ascer-
tanned and had been passed upon, that the act OF Con-
gress of 1850, authorizing commissioners to issue
certificate for removal of fugitive slaves on finding
evidence that the claim of the owner, is sustained.
The liberty of the party was not In final consulta,
ton here therefore the ground assumed by Counsel
for the prisoner, that, question OF properly, the
prisoner was entitled trial by jury, Was untenabie
The Commissioner reviewed the law-clted au-
thoriIes-and then took careful review OF the EVIL
depce and said there no doubt In his mind that
the claim of the agent oil MI Potter was well louhd
ed in fact, and said,
81 deem it my duty to grant certificate for his
removal back to Georgia. ] therefore do grant It, !"
The fugitive Sims, was then taken from the court
room under the direction of the marshal. Much ex-
citement exists at the Court house.
.. THIRD DESPATCH.
The Fugitive DeEueredup By Judge WoOd6ury-Great
Cheers fOr We6ster and the Consfiuton'
| BosroN, April lI-9, P. M. Judge Woodbury. this
afternoon decided to deliver up the fugitive Sims to
the u. S. marshal.
There was much applause in court on the announce
ment of the decision, and also when the Judge, In
reply to an observation of prisoners counsel exca-
ed, emphaticay, F." thank God that Massachusetts
is still State of the Union, and so long as she is
such, shall administer the laws OF the union OF
perish in the attempt.
crowd of about one thousand persons followed
the Southern witnesses against Sims to their hotel
to- night. They were accompanied by large police
force. They received cheers, groans and Kisses. A
cry for three cheers for Daniel Webster and the Con-