The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-12


COURT, ETC.
Bouos, April IL, 1851
At eight o'clock last night, Judge Woodbury. came
into chambers to hear application from Charles sum-
ncr, r. IL Dana, jun, and $. II. Sewall, in fsv.r of
granting ha,.as corpus in the of Simms, on the
ground that the isucd by the United States
Commissioner, to hold smms a charge of assaulting
ofcor Gutman with intent to Kill. Illegal
Mr. Dana addressed some preliminary remarks to his
honor in support Of the grounds of the petition was
followed on similar argument by Mr.. sumner.
sinms hinelf alleged that he had been for days
held in custody that the Commissioner had caused to be
issued process against him for resisting and assautng
officer Batoman while In the service IL legal process or
warrant, which Ne complained contrary his right
The u S marshal though requested by the petitioners
counsel had failed to bring him the petitioner FIRE
the commissioner (iIaiett), named in the The
prisoner had desired hearing in the case and suggested
that the said warrant null and void Mr. sumner
held that the proof the marshal showed no ur
and was therefore invalid The commissioner was an
inferior magistrate II this Court and could take jursdc-
tion If offence IL did no, appear from the process
Asa o. Batsman officer Of the United state, duly
authorized to process therefore tho warrant vas
nugatory and yed The issued on oath and
it equally necessary that the magtrst, should have
jurisdiction Of the offence The warrant required the
prisoner to be brought before the magistrate forthwith
custody Mr. Sumner also introduced the following aa.
davt If Thomas Simms argued that his honor was
authorized in this to issue 10 the marhal the writ
Of holeas corpus TO bring the person before him -
II ls"m"s s%Is 4 saasnAh Ga n.s IN csnsnsm,a.
from ss % %,.' O. 'a 4 'se s s
arreted not issued for the real purpose n hayn. me
s Ss s ,a %is S,.
MAKE my Believe %rs a hs s ssrra, ~, 20 ss @
'r,sh nsainst ny freedom re- dom SaHne TlnS shMs
scribed an, nnd s, sworn to before me, ,.
Judge Woodbury. replied that he could not 20 into
the question Of what the real q The delay wa.
Such delay had occurred might be with perfect rca
different accounts. but it competent t. az
certain now whether the warrant valid or not lie
should issue writ cf ha,cas corpus and order release
FRI IN the marshal forthwith. but whether not h.
to be discharged fully quite another thng-it wa
question Of law and justice
The prisoner (snms) was brought before hi honor,
when H. D. Curtis and Rufus Oh appeared IN behalf
OF The marshal and the former read thr return AMI also
the orders from the Commissioners Court the
manding of the prisoner from time TO time from the
custody II the marshal lie desired by the mar
To state that two parties held interest Ia this
the United States and Massachusetts,. The marsh,
advised by couns that his return not transferable.
MIR sumner wished for delay for the purpose ~ co-
Letting evidence of the unresonabeness Of the de,y by
the marshal in bringing Simms before the cunmisaOncr
for the offence charged.
Judge Woodbury. suggested that he Ind consented 10
q. mo INTO ehambr this evening on the urgent oiicita.
tion of the counsel of Snm~ with The express stpuatin
that the matter would then be finally disposed ~ lie had
told them that he would much prefer to have them b.,
fore him in Court but they insisted Ills Honor
served that. during the Crafts affair application
made to him in chamber for the issue Of process aud
lac declined doing II. but advised party to apply to him
in Court The party did apply and his Honor ct the
counsel in case in hearing to give way and issued the
warrant.
Mr sumner stin prayed for delay until Friday r ".
Saturday morning.
Judge Woodbury. finally consented TO adiournmen,
until o'clock this afternoon and ordered tlc marshal
q Keep the prisoner in custody there 20 b. brought =
him.
The Adjournment took place at quarter past IL
THE DECISION OF JUDGE woonB'RY.
The habres corpus, In the case OF Thomas Simms
up before Judge Woodbury., this afternoon.
Mr. Scwall. counsel for the defendant moved that the
Court appoint person To serve writ Of pcrsinil
r,yin, the United states Marshal being party 70 the
suit
seth Thomas stated that as attorney FIR Mr. Potter
the cuina uf smms he held in his hand certificate
fr m q. n Curtis, U. = Commissioner rcmandng Simms
back o. Georgia fugitive lie therefore moved that
hr be considered the only counsel ~ said Simms who
NV ,tood rs rrgards his master in the situation q
guardian and ward.
Mr. sewall replied, that this might be the law in
slave States hut not In Massachusetts,.
Judge Woodbury. replied by asking u Mr. sewnli. II
Naffachurctts Dtt State u the Union which
Acknowledged the Institution IL slavery whose House ~
Representatives has forced 1t first upon IT, For his part
he thanked God that Massachusetts, yet part II
he Inicn-lcre the applause and cheering IN the Court
70 m was 20 great that the marshal Obliged T. call
cut loudly for orl.r).
Nr Suinrcr cunnt need his arguments on the question
that the writ ny which simms hcld In custody by
the Marsha was illegal and fraudulent. lilo proceeded
az lcnfh
The Judge replied 10 by Mr. u Il. Curtis for the
Marshal.
Judge Woodbury. decided that the warrant In his
opinion. legal aud proper and taking into consider
alton the circunp tances which surrounding
him-the erowd.d court rooms and the people Ia the
streets the court house the danger q the n
the pr &C. the MafEhs justified in the course
he had pursued The offence charged Is certainly
rous striking at the root of all ciety IL Il
sance to law. Aud should the officers fail t. pro
T. unlcss Fl good and sunicent reason, they viii he
highly culpabe, especially ut this time, when resistance
t. law and .a'ts upon IT, oiacer ar - freely c,u1
ellvd In certain quarters lie concluded by reaading
Sinms 10 the custody of the Marshal
The usual affidavit that be f,ars a rescue has been
made ly the agent of the claimants and probably such
force a po,c military SC will BE- detailed t. cry
simns ont - the state a. VII render even attempt
! at foscrs ssble.
TIF Ion or THE oWMssoVEr-suRRESDER
~ rm FUGITIVE TO ms CLAIMANT, Erc.
~ nnc O'Clock this morning the Commissioner pro
tc1cd 20 give his opinion ia the " Simms lie
stated that the hearing had been continued from LAY to
day since Friday lat, and his dcclsion now 70 be
MADE, AMI. court fad intcrppscd 20 relieve him
flcm Tie responsible ty. be should not shrink from Il.
lie IVES h,fc to decide great question ~ law his
concltrtous convictions II the truth lie should state
l convictions II The various questions which had
teen ~ cuss,d The hrst was that q Commissioner had
~ rght e decide this case. ua much NJ he was not
clhd With Judicial power. lie admitted fully that
cia ~ u s sor under the Judicial power uf the
United State; aud the question was whether not
nsfesN had provided proper acts empowering the
nit cttrs to Cxcrcise any nf such powers by act of
lti& thffr was an authorization II commissioners
aNN MY W certain tNttht AMI N quito
illrE them IT, arrest examine, ard mprison oi nd
VIZ sssmen and othrre holding thtm IN prison until
tthlly uird This was degr,c ~ Judicial power The
etuIsd ior Tho alleged fugitive hnd eontened that
at - ryffUrati0n by the Commissioner here would In
ghaty cohf ~ the prisoner to perpetual slavery lie
Old tH sRfe" With the cruusc fblly this plnt The
rttpholl ~ slav,F ccnpcd from state to another
wa - the nature the rendition Of fniiives
ntm justi,e. only the one we4 IL his owner and
ihs ohr 10 State an that before the mag
hsfute The prisoner arrnrned simply the qurs-
ton ~ rmtyal II was ascortancd. or passed. upon.
vhther he aet ~ Congress of 1850 authorized commits
sltnes to w. certificate for removal OH finding eyl
dsrec that the claim of the owner IL sustained The
hl@rty of the party not In hnnl consuation here;
Therefore tie ground assumed by counsel fr the prisoner
that question q property The prisoner entitled
a. trial iy Jury here. uu:ennhc. The Commits
snnr r,,iuwd the law cited authotics and then took
careful rcyl,v the evidence. end said there mol oubt
In hs mind that the claim n the agent II Mr. Potter
wel founded fact and said ! deem IL my duty
a. pant certificate for his removal back to Georga.