The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-08

the constitution 10 be preserved Are the laws TO be
executed Are the compromise measures 10 be carried
out Is the South 10 trust The North Is order 10 pre-
vail IN Tue land Is the Union 10 be maintained These
are the questions which strike every eye and pour from
every mans lip, We lay before readers the most
authentic details of this Transaction which select
A few days will decide The result The commissioner
(Curtis) had given time I'LL yesterday 10 the counsel oil
The fugitive Smms 10 argue the constilutonality OF the
law, the power OF the commissioner to sit Judge, the
dispensation with the al by jury, and all the idle sub
erluges to which his counsel had esorted The general
impression in the best-nlormed quarters OF this city is
that the law will be enforced, that the commissioner will
decide in favor of the delivery of the fugitive and that
ample military power has been provided TO carry out his
decision The marshal seems to be on the alert, and
he is authorized 10 call any military force which he
may require upon the commissioners certifying 10 IFS be,
ing necessary, And who can doubt Mr.. Curtis
Fr,m the National ln,clisencer OF yesterday.
| THE NEW FUGlrlVE-SLAVE CASE IN BOSTON
The Boston papers furnish the particulars of the arrest
in that city Thursday night last OF the fugitive slave
Thomas Simms, which briefly mentioned in lele-
graphic despatch published in our paper Of Saturday
II appears that the arrest effected with little diff
Guilty. The slave himself made some resistance, during
which one oil the officers received slight wound in the
far from being severe one, is such that the officer
not aware until an hour afterwards that he had received
any injury whatever The prisoner forthwith con-
veyed in carriage 10 the Courthouse where he
tanned throughout the night under the immediate charge
OF United States marshal Devens and his assistants
Everything connected with the arrest was conducted
with much prompness, and without creating any undue
excitement la order 10 be prepared Tor any emergency
that might arise, strong posse OF officers were close at
hand, ready for action at moments warning, but their
services were not directly required, excepting in single
A instance.
Samuel f. Sewall, esq., the welkn abolilionis
hearing that fugitive had been arrested and was then
about IL ocock)n the court house, repaired lhher and
meeting Deputy Marshal Riley the Steps demanded at
mission 10 the building, saying that he counsel for
! the fugitive. Mr.. Riley refused him admission where
upon he became greatly excited and, using violent Ian.
guage, was conducted TO the watch house Here he APP
peaIed quite frantic averrng that the fugitive was to be
tried, and that he (SewaD his counsel. The officer
OF the night cooy replied that he rather thought the u
gtive would not be tried al that hour of the night and
that he (SewaD would have plenty OF time in the morn
ing to defend his client, whom he did not then know
and probably had never SEEN The gentleman eventually
became more calm, and after short detention
leased with caution 10 leave Court Square, and repair
Immediately 10 his home
\ Early on Friday morning chains were placed at the
outer edge OF the sidewalk around the court house. and
strong posse OF police and watchmen attendance
to keep The walk clear, and prevent persons having
business IN the building from entering as well as to pre-
vailed about the building but only few cooSed people
were among those whose curiosity induced them TO
stop IN the square and gaze upon the officers duty aud
Between Q and 10 o'clock George T. Curtis. esq., Uni
ted States commissioner appeared in the United States
cour.roo when Seth j. Thomas, esq, who appeared
as counsel for the claimant stated that John B. Bacon
was present the agent of James Potter, OF Chatham
county, Georgia, and sought the restoration Of Thomas
Smms a fugitive from The service of Mr.. Potter. He
then read The warrant upon which the prisoner
rested.
c. ]. Loring Robert Rantou j. and Samuel L.
Sewall, esqs, appeared as counsel for the prisoner
Mr.. Sewall asked for delay, and alleged a reason
there for that he expected prove that the prisoner
free by the laws OF Georgia, well as under the laws OF
Massachusetts.
Mr.. Ran,oul wished for delay, and was OF the same
opinion as his associate.
The commissions decided that the claimants should
proceed TO put in their evidence.
Mr.. Thomas then read several legal documents. duly
authenticated from the State of Georgia, relative TO the
and then intro iuced witnesses 10 prove the identity
OF Smms as well as that he was the slave OF the person
claiming him. He escaped from Savannah about the 22d
OF February, and arrived in Boston on the It'll March
i Mr. Thomas having rested his
Mr. Sewa asked Tor delay until Tuesday, in order 10
examine questions OF law which nigh, arise.
! Mr. Rantoul wished for delay for the purpose OF
amning the mode OF authorization of the papers put
into the The &C, under which this brought
new and required much examination in every par
naturally arise
The commissioner said ,ha, il seemed 10 him that de-
lay OF twenty -four hours would be abundant time for the
counsel for the defence 10 ascertain what The precise
grounds OF defence are.
Mr. Loring felt that great responsibility rested upon
him, and he wished ample time to examine all matters of
law and all grounds Of defence The of kind
in which he had no experience, and as he was wholly
unprepared for the defence he hoped delay until Tues
The commissioner observed that he did not say he
should call upon the counsel to argue their defence in
twenty -four hours, but he should postpone any further
hearing IN this case until 10 o'clock Saturday morning
and the court then adjourned for the day.
During The progress of the proceedings in The court
house, from TO three hundred persons assembled in
the vicinity OF the square, but manifestation OF dis
position TO create disturbance occurred The court
was not much crowded, and the gallery kept closed
large police force in attendance in the court house.
as we'll upon The outside and the greatest possible or
der and decorum was maintained.
In the supreme judicial court OF the State, before Chie
Justice Shaw and Justices Metcalf, Fletcher, and Bge
low, MIR. 3 T.. Sewall presented petition praying the
cour to issue writ OF habsas corpus behalf OF Snms
MIR. Sewali having read the petition, ana stated the
runds upon which the application made, the Judges
conferred together for few moments and the chief JUS
ce then announced the decision OF the court refusing
the writ the ground that it appeared by the facts
stated in the petition that II the writ should be issued
and the petitioner should be brough before the court. ii
would be the duty oil the court 10 remand him TO the
ody from which he taken; and that the uniform
practice OF the court had been such 10 refuse the
application.
! Mr.. Sewall then inquired if the court would not, be
fore deciding refuse The writ, hear argument the
constitutional question.
The chief Justice replied that the court had already
decided to refuse the writ, after hearing the counsel
much as they supposed he desired 10 be heard
In the house Of representatives OF The Slate, then IN
session, Mr. Earle, oil Worcester, presented the petition
/ OF William A. White, Francis Jackson, Theodore Par
ker, Samuel g. Howe, Robert Norris and twenty three
Others for the OF the State house yard for public
meeting in the afternoon, for the purpose OF taking iao
consideration the arrest OF citizen under the fugitive
law, and 10 devise proper and legal measures Tor the
defence and protection Of the citizens OF Massachusetts
against such arrests On motion by Mr. Earle that the