The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-09-02
THE FUGITIVE SLAVE CASE.
The pecision In the Case and the Delivery
OF the Prisoner.
UNITED STATES COMMISSIONERS COURT.
Before Mr.. Commissioner Nelson

sEPr. 1-At IL O'Clock this forenoon, Mr.. Commits
Nelson took his seat In the Court for the
purpose Of delivering his decision in the Of John
Bolding claimed rs slave BY Barnett Anderson, OF
most TO exclusion and goodly array of coorsd folks
thropged the galleries Boldngs wife (a fine Intelligent
locking woman with but slight shade Of the African
hue and her mother, sat by the side OF the fngtve
The Commissioner then read his decision as follows
In the matter Of the reclamation Of John Boding 81;
The proceedings in this instituted under the
act Of 1850 entitled "An Act amend and supplement-
airy to the entitled An Act respecting Fugves from
masters, approved February IL, i7os,n They are
founded upon the affidavit Of Robert o. Anderson who
Ssposes th s as resides IN Inc city N u sre
1s47, one John Bolding mulatto, or colored man,
held to service or labor In the State Of South
Carolina under the laws thereof escaped thsrefrom
into the State Of New York; that the said labor
service Of the said John Boding and is due to tn,
said Robert c. Anderson, and James q. Barnett,
resident Of Newark in the State Of New jersey AMI
the said Robert @. Anderson and the said james g.
to the services or labor OF the said John Boiling
Upon this affidavit warrant was issued pursuant to
the provision Of the aforesaid act Of Congress and the
said John Bodng duly arrested and brought before
the officer issuing the warrant in order that the truth Of
the forth in the affidavit might be legally inves
tgated During the progress Of the investigation the
affidavit of James G. Barnett, WI did not join in tbs
original affidavit read tsstying co his
in the proceeding and the ratification Of the acts OF
preliminary objection is made by the counsel for the
defendant, the ground that James G. Barnett the al
legged joint cid not join In the original ali tgit
that efore for augh that appears, he may be
willing that the sad John should free To this it may
be replied that the possession of joint is the
possession Of both and that the claim Of must in
legal contemplation be the claim of both the
possession acquired upon the claim Of one, would in
law equally to the benefit Of BOTH ana it may
be further replied that joint cannot exta-
Sas 1o 81 'ns @ that where
tenancy the other cannot divest him Of it for
as goo right to the possession "a the other and the
Law leaves the where it finds it; the remedy Of
the party out Of posses sion is call upor his
for IA account OF the proceeds and profits Mr. Auisr
v he inRtIItf nj
ceedng and the recapue OF the defendant repossssed
bmse Of his property if his allegations DO true joint
Deprive him of that possession; and il Hr.
Barnett in ad iition to not joining in the original a
had altoget protested against the proceed
do not see how could have impaired the legal rights
OF Mr.. Anderson.
But it seems that all difficulty is dissipated by
the subsequent Of Mr. Barnett. i5 not
necessary for Mr. Barn3t to have Joaed IN the original
affidavit it necessary Tor Mr. Anderson TO have
made auy afidavis at all lie might have bought tbs
defendant before the commissioner without any warrant
Nhatever and presume the Is 60 be con-
Quoted in precisely the same manner, whether tns al
leed fugitive is brought up by virtue Ola warrant, or
upon responsibility OF the claimant; aul ii ia this
he had been brought in the latter lnsupe 1t
could not be cuntended that the evidence o. con-
currepce OF Mr. Barnett was improper AMI admissible
Having thus disposed Of the preliminary objection
TO the main question in the case Is Joha BAiins
the property Of the claimants Barnett aud Anderson or
is he fugitive from the service which he owes them
Before proceeding TO investigate the evidence ia the
shall endeay1r 10 lay down the principles % law
which conceive applicable to it.
state OF negro slavery IS exception to the general
condition the Inhabitants TINS anu WAS
originally limited those Of the negro rs;s, whose At
rcan blood unauthorized by any other adaxure;
but in process Of time the blood OF the ires became
mingled with the blood oil the slave And then the VOL
established rule OF law, that the state Of the offspring
follows the condition Of the mother, brought into
immediate application So that ia the Of
Of the blood OF the free aud the blood of the
slave IL important to ascertain whether the free
blood came nom the maternal or paternal line it
might have come from well as the oheri AMI the
law therefore in favor Of liberty raised tha pton
that the free blood came from the materna! side Gnt that
the in whose veins IL flowed consequently free.
therefore conceive IL to be we'll established contenl
ed BY the counsel Tor the defendant and d. noe under
stand conrove-ted that whore there il free blood
the presumption Is in favor Of liberty and the ous pro-
6and rests upon the party asserting the contrary.
IL was also conended by the able counsel for the d.
fndant, that in order to rebut the presumption Of
liberty incumbent upon the party assuming 20 do
topEcve ines descent from slave mother tna,,
teo IL proposition, which il seems to me canno be
cessfuly cobtroverted; cannot be negro slave,
unless he be born Of slave mothers and where m4n IS
presumed TO be free that presumption be reolt
except by evid nee satisfactory to the mind that he is
descended from a race Of slaves
IL further conended by the learned 'el for
The defendant that no length Of time during w9ich
person may have submitted and been kept IN boaiae
Is OF itself evidence that he Is rightfaly held in such
state (iIudgins Wright, Henning Mutford 1879;
and to that the authority relied upon by the
learned counsel fully susains the proposition; and is
confOrmabe 20 the results OF natural reason AMI
con.onAnt with natural Justice that the citation Of
authorities hardly ADDS strength TO the positions for
to hold that man, with evidence but the naked fct
that he has been outraged and oppressed for ses Of
years, rs Eegro slave, too repugnant to the moral
sense to be entertained for single moment Ehore Is
statute Of limitations TO bar the claim to liberty
man holds his freedom by the tenure that he
does his life and Il clings TO him with stronger
tenscity for his life he may take into his hlads
but his liberty he cannot ALLEVIATE length Of time,
perpetuity Of outrage, extinguish IL can't be
crushed or trsmpled out OF him Therefore in the
cited by the learned counsel where the party claiming
her freedom had been held in bondage for long series
Of years and In whose person there trace Of the
negro origin, and In whose veins no witness hal VEN
tuEed to say he could see the blood Of race Of
slaves justly held that the naked fact of continued
possession which nothing than continued out
rage was altogether Insufficient and inadequate proof
And 1t further seems TO me to be proposition esta-
bshed by the referred to- that length OF posses
sion Is sueen 10 establish the existen:e Of negro blood
cannot how the naked fact Ct long Possession
any greater evidence that man Is negro than 1t is
that he Is an Engshman or a trcnchman.
The ether adele Desug.rd Martin 1881 cited
by DEFENDANTS counsel simply proves that pers)ns Of
color presumed to be free and In Ter TO .bsh
claim TO them It must appear that they have been
held as slaves; proposition which s not controyertei
Having thus laid down the principles Of Law whicn
conceive applicable to the shal procesd
alteration u the evidence the part Of the claim ants
before they can entitle themselves to the certcats
consider IL incumbent upon the claimants to estab-
lish the three following propOssions-
i. That Jshn BOidug African blood In his veins.
and Is therefore capable OF reinga slave.
IL That he was bonn Of slave mother and, there
fore, IL slave.
III That he is the slave property Of the claimant
emo escaped from their service.
The ev icnce Of Johns negro origin the part Of the
Claimants consists Of the testimony o eight ten wit
betses Who have passed years perhaps LIE time In
the midst OF slaves, profess be familiar with the
peculiar characteristics Of the negro, AMI With all the
various admxturs Of his blood, ali wnon testify,
without hesitation, that they In the deendans the
distinct traces q African blood though AL consider that
be Il not full negro aud ten OF then testify, that
when they knew HIM In Columbia, wheu he teOk les
q ms hair tbs ne does ths. II GUIDED
after the negro fashion than a. the pseet tim
that fft the time he eleven twelve years CT e
winch Is Ear back he has been TO the trade d)Fn g
The time Of his escape period Of about tseny yeas hs
hss been considered and reported Of African descent
eosnsed a. such Ned and Drought ~ With n-sroes and
nhsy lived with mulstto girl his w,ie aad pre-
tsbce by himself others that he free frSn th A
taut been heard OF do 90 and unt the time Of
his arrest To rebuff this evidence witnesses
called tie part II the defendant DR. fOs hrst
fes that b. believes him to be half blood Iusiat. but
not undertake g. give 10 his opinion tina he has
no African blood. mr Waldo the clergyman from i
then testhes that knowing where M
hs thought that be had African blood that
after wards uptb meeting him this thought occurred to
him, That he must have indian blood In Inn Dr. smith \
expfeses ms opinion, fOun ted upon scientific prn
ciy.r that h. y Inaian and white vtEOut spy ainx-
tgrc the African Mr. Fowler dstnguithea paren1.
rltw ms md dsvn