The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-08-30

Case Of the alleged Fugitive ss,~ Dsnisl
The argument upon the order Of Hon A. Conklin,. o.
District Judge for the Northern District OF New York
70 shov cause why writ Of ha6sas should is
sue In favor Of the fugitive slave Daniel be
heard at two O'Clock, M, yesterday, and has this
Dent, ten O'Clock and twenty minutes, concluded
The following the positions taken by the learned
counsel on both sidsA By j. Tolcott ESQ., counsel for
the fugitive
l. The constitution prohibits any attack against the
habsas corpus.
The proceeding the 10th section Of the act
The certificate Of the Commissioner shows airmavsy,
that the only proof offered except that Of identity was
the District Court OF Kentucky. That
cord show Jurisdiction upon that fact the uris
dction Of this ocer The requires satisac-
tory proof be made before the in Kentucky that
Daniel q slave and had escaped Satisfactory proof
always in the language Of the courts legal COM
petent proof at the law Here it appears affirm
atvely the face of the Kentucky record that erpae
afBdavits taken instead OF the examination OF wit
nesses This legal proof and so neither that court
nor the Comm ssion.r acting upon that record did
uire jurisdiction The any court may be
rxhtuy questioned in other courts directly coAte
rally
court attached If such court have any seal seal in
law must he stamped upon FAX, or some soft substance
and the fact that the the court
Of Kentucky yyEa ea stamped upon the paper rem.
ders what puports to be seal SEAL hence the record
is void.
4 The record must be proved by oral testimony or
common law evidence, affidavit being insufc,ent be-
cause residence cal not be- established BY affidavit.
The wholc CLAIM Ii done under color the act
81 Congress and Is forced Daniel appears by the
dav came the fugitive all ged august Is whereas the
law was not passed until September IS. succeeding
Henry Foster, Esq the counsel for the claimant,
swtred rs follows
LIST. The act Of the Commissioner is judicial final,
and to the fun extent ard having acquired uris
aicton his decision IL bnonx and too late to aues-
lion whether the Commissioner has
tion with the District Count.
I'd. Assuming the first point did The Commissioners
obtain Jurisdictop! The petition ahrms Daniel was
slave that he fled froa Louisville KENTUCKY; that Ben
amin Russ Eas power OF attorney to claim him ~her-
ever be might be found 1he Commissioner had com pete
proof that Daniel slave and that he
Louisville, and that Benjamin u Russ had DO wer of |
attorney.
Cd That Daniel arrested aud brought before the
Commisso and ON the fact that before
tie Commissioner the proceedings legal and he had
lurisdctien Ell The subject matter and the person.
18th The man Daniel Is nos deprived OF his freedom
when be Is remanded 70 Kentucky for trial
9TH lie seal Is mad- under the laws Of the United
States This very Court, issuing writ OF ha5sas
VII stamp the paper with the device Of the seal OF
the District Court for the Northern District New York
9th, That DAME is slave is fact and question
Of law his escape is also fact aud evidence
not d question OF law.
18th. In the fifth point upon the CLAIMING
Il Is remedsl statute, confrrrog no powers the
shareholder other than he Possessed before it to be
tengpy construed because 1t L. remedy of mis-
chief The whole scope Of the act relates all who have
abscoDdsd.
Sth In regard to the ONCE Of the writ power of final
decision puts of the writ of bqbeo, coronS
Tie decision OF bis Honor Judge Conkln will be rem
dered on or about the 10Th inst On behalf Of
eel We would say that AL done and said each
side with the sole view If sustaining the majesty Of the
Laws Of rcountry and the success Of right"