Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-04-15
CASE OF TIE FUGITIVE SINS.
we c"'inio tic report OF The examination ot Sins hsio!
tie Commissioner n, Boston:

CASE OF TIE FUGITIVE SINS.
We eo''hHo tic report OF The examination o Sims So
'he commissioner ut Boston:
from The ro;toH Poe! Of Tucs.ayj
;mE HEARING BEFORE THE COMMISSION.
M, '.> t"el@a o c'ars yesterday, while the n
"'n; "" i's h1'as corpus was proceeding before the s.
:.'rc JUDICIAL enul'. o. T. Curtis esq, United States Con
iiss."cF took his in the United States Court oon
'e pni'se OF reenming the examination, according ii
rlorhineml on !utul,av bot n noe wns handel 10 hi
lio Chlei Justice Shaw REQUESTING hin, IN de,- uDccr
!he "nt Clock, ny which time Mr.. Knntoul would bc n
.,nseu io l's oth"r Gnu The Commissioner theGeupo
EJ"n'ht'i MS couTt ill o'clock.
III that hour the court was aran erd ho, Nossr
L.s'hS ara krnoul ASKED !or !!lIer delay ill ncoc
Wnn Inc decision In tho aupree court was 10 be given bl
the commissioner declined ordered Mr. Rnntou 10 pr,
cceu win his argument
Referring 10 The positions laid down ay him OF Saturday
(prhtsu IN Mondays iostl Mr. Rautoul entered erea
e'ooraeEess nlo the constitutional argunrn; arising o
the gram Of what he maintained Judicial powers III
commissioners 1ha argumen; the same in substance
.". au' ~ nm In The supreme judicial court re sai
'hu uhaer Inc commissioners certificate The owner or hi
n.eht lhigl carry Sims anywhere and sell hi-to Soui
Carolina, Cuba or Bru.
The Commissioned interrupted him. and sad tra, nohin
o. me kind could be done by virtuu Of The certificate Tn
only authority given by the certificate take the part
DhcR 10 the Stale from which h. had escaped II s:i lei
Inv question Of The rtys right TO ha frerdom In C'corgl
open 10 ai before the competent tribunals of that Stale
% Aah'on replied thai the act did not provide any penal
me agent carried The party elsewhere sold him; no
which he was rcmanJed -
ne commissioner asked him II he meant argue tha
e a% "as unconstitutional because Congress had omitted
TO nnke provision for the protection Of the paris nIrge
rchi-, alter the granting Of the ccr,ifica,e2
hr hant"ul said The practical effect oi returning party
was 10 fecuce hlm II perpetual slavery for party prcmet
10 6r slave in Georgia could get opportunity for trying
hs ngnts He would neither be allowed llorrly 10 90 n(
Consult lawyer would have tho means OF dcayup III.
expenses ri leg al ptoceedinrs
In the afternoon Mr. Ran,pul discussed the proyisIon
the Constitution which gives the ria ny Jury in all Cases
law where the nlounl in dispute exceeds w cnry dollars
he also dwe at rng;h the rn%G, chartu provision nco
poTaed INTO he ConS:iil"n ina! shall he deprived
OF ms NE liberty property, except by the Judgment
hs p'ers and with the right vi confronting the wnssca-
uDoci the la" ie testimony upon which party adj
judged slave WAS eSP:r;o and there in fact trial
all
4; This stage Mr. Ran,ou on account OF the adlorr and
long cotnue aoors ol the ds", asked for adjournment
hnc aiter "inr discussion in relation the r he taken
by Mr. LoTng The closing COUNSEL on that side the Commi.
siontr, adjourned The until aIpus, eight This
As Colonel Taours counsel for the claimant has the final
close, the Nomm!. sione suggested him that it would be
proper for him t9iisl Mr. Lofng with the points he In
tended 10 lnake ana he agreed 70 do So.
Mr. kanton wi. discuss THIS morning ts point 'ha, Con
gcss has TO power under the Constitution To pass any aw
ior the Restoration nj fugitive slaves.
if,on same pare, OF wsdne.la.l
Mr. Commissioner Curtis in n half-past eight yes
teday and Mr. Rlntuu resumed his argument the un
constiluonuity of the law maintaining the Constn
tion expressly authorized Congress pass law in ea
ton 10 fugitive slaves Congress could not essale i'll ca
served to the Statea The Constitution directed that ug
tive slave" aou delivered up md should DO dlscarg
ed from labor se.vce by any accn OF the States and il
clear. taking both clauses together that the Con
sti.ution Intended that the States should prescribe the manner
in which They given up That the free States had failed
carry on: that provision con! no! @v' to Congress
povcr not given 10 il 5y the Constitution.
The Co:alni,ont: ntima;G! nat tie argument wonlC
extend !ngtyss from JnSiice au he would ask CT Nh
Rannu il he considered that law also ns uneonsuIionn
Mr. Rantunl saii his argument went that length iit
now proceeded discuss tie auIhencuon OF the power
attorney produced by Bacon, the owners agent; and con
tended 7at notwithstanding the ceftl'ae Of tho CLERK
tha court il did appear that The subscribing WITNESS II
his capacity OF notary public appointed by tG court, wa
authorized by the laws Of Georgia authenticate powe
of attorney. He had examined The statutes o. that state
and could only end that was authorized to take nc
knowlednmeut Of deeds
The Commissioner replied that tho clerks ccrlhcno Sc
forth that the rotary was authorized by law TO take lucknow
| iedQnlcnts Of deeds and other instruments
6lr Eantou in answrr maintained that The clerk of
court was not the competent officer certify upon my mat
rr of a". lie WAS not hy virtue OF his office, authorize
70 declare what the l~ and therefore could not ceril
a. powers umlr the Jaw Of any other ollcer il: ao
argued "ng'h to show that notary in Georgia IS not
legal officer within the meaning OF the uct %! 1850.
Mr. Il R,nuu having concluded and the COURTROOM jeln
wanted oy tho district judge the Commissioner removed III
.arin 10 The Uaitcd States narshas Office where Charlie
{; Ioriny ESQ., made his closing argument for the defence
He wen! most eaioratry ;o some o The points which ha
Jesn discussed oy Mr. RIni0ul concurng with him, wher
Ne did not 30 beyond him. fic maintained thai the decision
g tho Commissioner once given against party under IN
lave wa. hnal and without appeal and wa! therefore Judi
ciul and consequently tho law giving him such power va
unconstitutional iio denied thai it preliminary pro
ceedug be followed up By judicial acii'a ~ eeoGia
n- onm;p,iner said that he did not understand that III
e6cate II granted would adudse the party 10 Do aaVe
II wouI do no more than certify that hc was me ?ar!
no,n.u nd intended in record Tor the court o Georgia
0rr hrnnl the jurisdiction OF the laws OF aasa,chu
s., undp m. cer,iicac Mr. Lnrlng said there woui b
no conceivable aHn.r IN which 'ui', c'Sh u freeman
could sss.rt HE freedom H. couf have n" t!l" IN I"or
yiscerainy not trial worthy ol the Of trial E'e
in the p1pcrs cent with the clan the ConimlsSl7ne
woud go thai Inc judge OF the court In Gcofgin mad admit
ted evidence utterly incompetent ana MAJ Ne hau aIunGt
Sx m n. IN. slave of james Potter upon testimony tha
nvar on III, 10 have been admitted by him. Mr. Lorng dr
vot Time in endcarHing 10 sho" that iie ac
10 bv performed hy the Con;n'saonsT VIA not an act et e.
,rJi,i,n nccly but net deciding y lts own lhheer
fnrro the fate .! Sims for c He pressed his aellei h'
the ntcs Of the supreme court d not on Monday exam
inc tho leading authorities with that care when %"'d CIV
| IN their decision the highest degree OF weight
Mr. Iorlna pat in, part Of his argument, tho sreeC
delivered hy uace Mann In the House OF representative
az Washington as TO HE lnconsii"onahsy 0! tne n,ls
Slave act. He however, oisc"'"ed 'o c''''1''o'' f
lions Of thcsireclI' A. G.
wall sarrd the Commissioner that deputy anerl Coou
e n.s.ut with warrant for the arrest Of Thomas DIN
f .l,nIuus assault upon Butman. he said thal u
had been shown Mr. Dcvens the United STATE
| marshal who refused 10 give up Sims.
| Colonel innnlhs asked IL MT. Se"hh aPpe'o1 % e
" The Commissioner asked Mr. SeSa what he wanted !
tI did not see why Mr. Scwa should bring such loeie
,,or beioe him. He had nothing do with the marshal
| custody. ,,, c.. ;; .,,.o,r =,
dor warrant granted the Commissioner, and was 10
raanned 10 be subject his instructions in relation 10 IT,
| The Commissioner replied that he should entertain u
errrss,i,n in relation 10 the alleged warrant
CooneI Thomas here remarked that Sims was placed IN
noost snrulnr position by his own counsel WINE pe'e'
dnU 10 be- crduavnring 10 prevent his return 10 Ma mast
y, he was sure of Kind treatment and much phcca' e'
ment Of tic comforts ui llc they had laid plan loT 90
80 him in the State prison charge of attempting
Li IN. person who had share in his arrest as luise
C,nn.l Thonlas commenced his argument oE s1
Thai the fact, proving that Sims is u5sr NJ alsese'
hrn in effect admitted b. the counsel for the deiehc' ""
| had not even attempted 10 contrnrert then ,ro
Ar, S.wa here rose and attempted 10 refer 10 h' o's'
Saturday TO put in the prisoners affidavit M r'"'
no.tnr..mcu but the Commissioner declined ~ "'" "
SSrw, 10 interrupt Col Tlnnas in his argument.
Col, Thomas after preliminary remhSe a'' ~ ''I h m
rho lcadno nnts advanced for the defence, saa tna' M
;.eue r,iscd was whether there is any nctmai i'i'g %
,n,;o, nj Ihc United Nothing could DC more
,han ,hc duv imposed by The Constitution o' WE r 49,
~ Gn,itivr slaves the law under IL vas we'll M
ving on hs provisi1n of the Constitution, ana - p
thai Sims il person owing service and a2ol - iJ n,
,aI u,aa co,npletc nnd imprcgnablc The Choh ' t m m
h,ye hser frme.i without lie adoption o ts P'' i
hn h.licv,d rhat i: couiJ mol be preserved "lli w
.snrc of The nrovsicn t1o now cited the ssetue
r,secritng ihe powers nnd duties oil The coshl'. @
bo Tn;red States circuit courts, namely coSG't:' m
passed BIZ justices of the peace OF NE ur" he