Eastern times. [volume] (Bath, Me.) 1846-1857, 1851-01-30

forbidIng either as 10 the facts determined BY
the jury1
SEC. 4.-[Gives TO each party the priv.
'eSe oil challenging peremptorily ttrelce jur-
crS.
SEC. % Provides that the attorney for
petiloner shall pay costs, if the petition he
dismissed, or Tue Judgment on The trial he
against the petitioner, unless the court shnll
be OF opinion that, under all the circumstan-
ces, there was probable ground 10 suppose
tina, the petitioner or petitioners had right
TO ireedom-a wholesome check 10 vexatlous
litigation.
To show that these rights are also enjoyed
in Tennessee and Mississippi, we publish the
following letter which it will be seen is of re-
cent date, and is vouched for as genuine:-
MEMPHIS (Tenn,) Dec. 16, 1880,
DEAR SIR; The facts stated below will
tend 10 convince the abolition fanatics of The
North that we of the South are not disposed
20 deny TO amy person claimed as Il slave The
right 10 test such an issue in cur COURTS
Some two or three years since. Cherokee
woman and her daughter (about 10 years oldl
were brought here by man named CHS
holm, and offered for sale as Indian negroes,
or persons whose mother is or was u slave
They could speak but few words OF Eng
lish, though suspicion was aroused as to the
fact of their being slaves. Upon being call
cd on, instituted suit vs.. Chisholm, in the
woman's name, and had her and her daugh.
ter taken pui OF his possession, upon afiida-
vii made BY her that she feared he would run
Them off. obtained in our court here de-
cree for her freedom aud the ensning sum-
= 10Y h, RiaI hpra of tho rhnlara
The daughter remained at my house until
the Cherokee nation, 10 several of whose
prominent men had written sent after her.
la the mean time. the result of the suit
here had been heard of and commented up
on in the adjournipg county of Mississippi,
and it was deemed altogether probable that
two Indian girls, (about Is and 20 years old)
in possession of man named Butord there,
were the daughters of this same old woman,
as she had often told me that two of her
daughters, whose names correspondent with
those OF the girls in Mississippi, had been
stolen the fall before she and her Youngest
child had been stolen. When the agent for
the Cherokee nation came over for the little
girl informed him of these suspicious, and
he at once proceeded TO Mississippi, saw the
girls, knew Ihem both, and endeavored TO
prevail on their owner TO release Ihem.-
This he refused 10 do; and ms lie is very
wealthy, lie was willing TO encounter the ex-
pense ola lawsuit. The agent employed
counsel, commenced the suit, (last spring y
and this fall he returned with his witnesses,
had Tie case tried, and obtained decree for
their freedom last week. The case excited
n great deal of interest, and the popular feel
ing was altogether in favor of tho Indians.
furnish these facts TO show those higher law
people of the North, that, although We are
slave holders, yet when person held 10 SER
vice claims that he is free, the constitution
aud The laws under which we try all our
rights guaranty TO him fair and impartial
Investigation of the facts; and a jury of
southern men could not he found whose
sympathies would not be in favor Of ford
ing him all the protection which this consti-
tujon and these laws give 10 the most exal>
ted Of our citizens. Respectfully.