Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-04-16
THE SLAVE CASE AT BOSTON.


| From the Boston Daily Advertiser saturday.
The CASE OF THE SLAVE SIMs.-We have
reason to suppose that the discussion of this af-
fair, which has filled the columns of our newspa-
pers and excited attention abroad much more than
| it has affected the common goings and comings
| OF our people, is now attain end. The Commits
soner of the United States Court has given to the
Marshal his certificate stating that the man Sims
is the person claimed by the agent of James Pot
ter Of Georgia; and the Judges of the Supreme
Judicial Court Of Massachusetts, and of the Cir
cult and District Courts of the United States
have respectively, after elaborate argument at
different stages OF the proceedings, refused to in
terfere with the process. Sims will probably
leave the city to-day, in the custody Of the United
States officers. The handful of fanatics who
have sought to interrupt the operation of law, or,
failing that, to embroil the community in small
civic warfare, have not succeeded in either of their
objects. They have industriously sowed the
| wind, without reaping the whirlwnd they sought,
| although they may find eventually reverbration
from it about their ears, more meet for their de-
serts than their patience.
Since our last publication Con Thursday
morning) many steps have been taken in this
matter, because much opposition has been made
to the regular proceeding of the law. We are
obliged to confine ourselves to brief recital OF
matters:
The first act was on 'fast day" morning, when
Messrs. Sumner Sewell, List, Hidreth, and others
| sommoned Judge Sprague (of the u s. District
CourD to the courtroom, to ask for writ of ha-
beas corpus, calling upon the United States Mar
shall to produce Thomas Sims, and show cause
why he was not tried on the criminal prosecution
against him for assaultng the officer who arrested
him.. In support of this petition several ingeni-
GUS points were raised, but Judge Sprague inform
ed the applicants that the only effect of grant
ing it would be to put the prisoner into the Gus
tody of the United States Marshal, yhere he noao
,cas, he did not think it necessary to decide upon
their distractions.
The next proceeding known to the public was
at the close of the hearing before Mr.. Commits
sioner Curtis. The case had been fully argued
before him, and he had deferred giving his opin-
ion in the case until yesterday morning, when at
nine o'clock the courtroom was full Of persons
anxious to hear it. We are not able to give, to-
day, more than summary of his remarks
Mr.. Curtis commenced the declaration of his
opinion by abiding to and replying to some of the
personal appeals that had been made to him BY the
counsel in the case He said:
1T would require but very short time pronounce
my decision, il there had not been raised question of
law, which l must examine and pass upon. The
learned counsel for the prisoner have argued with
ability the question Of the constutonalty of the act of
Congress under which this warrant was issued and have
called upon me, as they have had right do TO at
firm deny it, 1t scarcely be necessary for me to
say that should have been glad to have been relieved
OF this labor and responsibility by any tribunal what
ever competent to ASSUME the decision of the question:
but nasmuch my decision is final so far as the re-
storaton OF the fugitive to the State of Georgia con-
cerned, and lnasmuch no court has felt il to be
sary to nterpose to relieve me OF this responsibility,
know of no reason why should shrink from it. |
have been told. indeed, by the learned counsel who
closed this case for the prisoner, MIR. Charles G. Lor-
ng that it seems to have been the design the pro-
jectors OF this law to make it odous possible to
the people of the free States and that if is held to be
constitutional, endless agitation must ensue.
81 have been told that my decision will send this
man to perpetual slavery and as if to increase to the
most intensity the responsibility OF acting according to it
imperative requisitions have also been told that there
are may persons in this community fully entitled to re-
main here, who will be placed practically and directly
in the peril OF its grasp if is held to be constitutional
II am here to decide grave question: of law the de-
eision OF which, far the rights OF the parties be-
fore me depend upon it, has been unavodaby cast up
me. am to decide that question upon my copscen-
ous convictions OF truth, by intellectual process
over which consequencescan have no influence or con-
troll. have listened with all the attention could
command, to what has been addressed to my reason
have too much respect for the learned counsel, who
have too strenuously endeayored to keep my mind in
attitude where it could appreciate his argument to
have allowed myself to suppose that any part OF it
intended to be addressed to my fears. recognise in
suggestions and his earnest assertions, only evidence
OF the strength of his convictions and of his OF the
importance the opinions which he ably and jealous
| ly maintains.
| argument, that there was consideration connected
with the statute under which act which must be hu-
initiating to this court and to every other that had any
thing do with it, and that the clause which made
ths compensation to depend upon the manner IN which
the decided. If the learned counsel supposed
that the sum of five dollars was likely to influence my
Judgment upon any question in this case he did right in
reminding that the statute provides for compensa-
tion But 1t would In my opinion, have been well il
the learned COUNSEL before he addressed to this OBJ
servaon, had examined the statute, to whether al
though it authorizes the Commissioner to receive COM
pensalion imposes upon him any obligation take
it. II it does not, see no cause tor humiliation, and
certainly feel none. ~
"In stating the views which entertain othe various
grounds of objection to the constutonality OF this law
urged by the learned counsel for the prisoner shall
not undertake to answer the whole OF their course OF
reasoning. My purpose will be TO stale the reasons
which satisfy my own mind that their objections are
untenable. Them cannot expect to convince, under
the circumstances ofthe present occason nor is any
part OF my duty to endeavor to do so. My duty, &c
cordng to my understanding oft, will be fully dischar
ged by stating my own conviction upon the several ques
tons that have been discussed. Nor shall undertake
to examine arguments that have been made elsewhere,
or follow and reute any processes OF reasoning
defamation that have led others the opinions which
they entertain with regard to tins constitutional ques
| ton"
He then took up the different objections made
by the counsel for the prisoner to the constitu-
tonalitv ofthe act of Congress under which he
was held. To the first of these objections, tina t
the power which was given to the Commissioner
was a judicial power such as Congress could not
confer except for life and with fixed salary, he
replied tina the power was ministerial one al
though like many others special powers granted
to magistrates in the course ofjudcal inquiries it
had judicial character. He said:
M''The truthgis them as would seem, that in every
government OF laws, administered by judiciary there
must be class of judicial injuries embraced within the