The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-16
his order.

HEARING BEFORE THE SENATE COMMITTEE,
Yesterday morning the special committee of the senate
appointed Tor the purpose OF nqufng whether the free
dom OF any OF the Inhabitants of this Common wealth is
endangered through The remssness OF any of its officers
aso II the law OF loi3, concerning personal liberty, has
been yloo,edhed meeting in the senate chamber at
O'Clock, MIR. Robinson acting chairman The first
witness called was the sheriff OF Suffolk
| Joseph EUelett seorn-l am sheriff OF Suffolk.
have reason 10 believe that process called de homine
repegiando is IN the hands OF OF my deputies, Mr.
Cobum. II never was in my hands do not remember
that gave any advice in relation to the service OF
tins writ II might possibly be called 10 my recollection
that did The fact is not within my knowledge that
the writ has been served. have served il personally
wealth for the county of Suffolk and subsequently tha,
OF the attorney general 1t embraces advice in relation
10 that writ.
TAT therequest of the committee Mr. Eveeth put in cor
rect and verbatim copies OF the opinion OF Attorney Gen
eral Clifford and County Attorney Parker,l
ihaye received advice from great many people
Mr.. keyes.-Volunleer advcel
Mr.. Eveeth-Yes, sir, partially received some res
olutions from Chelsea this morning | do not know
when the writ was placed in the hands OF the officer do
have mad %
peace, based upon complaint made by Charles List.
esq, against Thomas SImms. do not know tina, can
the time; 1t was handed to me by Samuel l. Sewall,
esq, and stated 10 him that il could be served by the
sheriff, either OF his deputies, constable Mr. Sewall
replied that he desirous that should be placed in
the hands of of my deputies, and he mentioned Mr.
Coburn, and said "Very we'll" called an officer for the
purpose OF sending il TO Mr.. Coburn; whereupon Mr..
Do not recoect the day Did not ask me to serve it,
Read and the writ, but it actually placed in
my hands think it was last Monday that saw it
not far from III to l2 o'clock-nght have been H. Do
not personally know what done with the writ Had
several conversations with Mr. Coburn about it, and
destood from him that he had served it believe that
is contained in relation to the service of this writ
asked for advice particularly in reference to this writ
and stated that such process was in the hands of
one OF my deputies 1t is not customary for sheris
ask advice in cases of serving criminal warrant but
thought il necessary in this The deputy told
that he had served the writ, and had been refused
know nothing about the serving of the process than
Mr. Coburn told Mr. Coburn said that he had called
on the United States marshall and that that officer had
refused to deliver Simms up. ought to say that called
on the governor and asked him TO give me letter to
Mr. Parker, which he did, and for the attorney gen
eral, who was at Barnstabe at the time. The answer
made TO Mr.; Coburn, as he informed me- BY the United
States marshall was that he had Thomas Simms in his
custody on warrant fugitive from labor service
and also held him on criminal warrant issued by
United States commissioner, charging said Smms with
an assault; that the United States marshal refused 10
deliver him up, and said that he should hold him with
such power as was at his command do not recoect
that il stated TO which process the United States
marshal intended to hold Smms on. While the United
States marshal held him under criminal warrant |
thought that Sufficient to enable that officer TO hold
him II was on the ground OF criminal warrant alone
do not know which oil the warrants the prior
In case the criminal warrant in the hands of the marshal
given up and the United States marshal should refuse
10 deliver up, should the court and take
the directions OF the court before should force
Mr.. Robnson.-Should you arrest Simms, if at large
Mr.. Eveeth-Lshould.
Mr. Robnson.-lf held as a fugitive from labor or
servicei
Mr. leh--I should take advice am here, Mr.
Chairman 10 answer all proper questions, but do not think
that answers should be required to what should do
under certain contingencies.
Mr. Robinson.-Ihe committee will endeavor not 10
involve you.
M H. I.II H.
debt should you consider your warrant 10 override that
process!
Mr. Eveleth.-I should
Mr.. Reyes In the present case, then, you consider
the holding OF him as slave, the property OF another
important than holding him for debt or other
words ha, Shareholders properly sacred in this
State than that OF her citizens
Mr. Evele,h i do not wish to answer the question
Daniel J. Cobun sporn-I am a deputy sheriff
have wit of personal repieuin termed by the
statute, issued against Charles Devens, United States
marshal, in behalf of Thomas Slmms. On the llh of
April, in the latter part OF the afternoon, Charles g.
Davis, esq, came TO my Office twice. The first time
was engaged with gentleman He, being informed that
should be leisure soon retired saying he would call
again He called in few moments, and stated that he
had writ OF personal repeu,n against the Uoted States
marshal, Charles Devens, esq Tor the body of Thomas
Simms then in the custody OF said Devens under the
fugitive warrant from the United States commissioner
G. T. Curtis, esq, and presented me the writ We ex-
amined the statute and found the writ correct in form
The writ, ! understood Mr. Davis 10 say had been
issued upon application TO Chief Justice Wells and so
supposed until subsequently learned from the chief Jus.
tice himself that he ludIcally knew nothing about il
Mr. Davis asked me If would take the writ, proper
bond being furnished, and make demand upon the
shall lreped that would /; should not shrink from
any proper official duty, but thought had right
take out of the custody OF the marshal of the Uni
ted States unless he would voluntarily give him up
a conflict OF jurisdiction would do all that could
legally do and do it good faith whatever might be the
result that had very little belief that il would be
cessu that coud not undertake to oppose force against
the marshal if he refused give him up. Mr. Davis re-
Piled We do not expect 1t; want such demand made,
and such steps taken will lay the foundation for pro-
ceedngs against the marshal for secreng him The form
and the amount OF the bond was then talked over MIR
Davis said he would make the bond Immediately, and
give it me- ii he had me and could execute it before he
left the city, but must leave at o'clock. told him
wished TO consider the matter OF the amount OF the bond
He said they disposed hamper or control me
about the amount OF the bond, and would give in such
as should deem reasonable. Ii agreed that the
bond should be prepared, and would decide upon the
amount and if executed, TO be with the understanding
that the amount should be inserted He left the writ in
my office at 20 minutes before o'clock, 2. m con.
ferred with two persons the proper amount OF the
bond and went TO Mr.. Davss office buI be had left
The next morning being the 5th, about o'clock,
sent to MIR Davls's office for him; informed he had
not been in shortly after called al his Office, and found
him there. lie showed me the bond which examined,
and found IL correct in form. told hIm had decided
upon S3, 900 as a reasonable amount He put in that
sum The bond had not been executed by Simms. 1t
had on it the oil I Gilbert, 5, +. Seyall, and
Wendell Phillips suretIes Mr.. +. Jackson and Ellis
GRAY Lorng, esq, sent for, and TO my office
and executed the bond Immediately took the writ and
bond and went 10 the United States marsha's off
was informed that he in his private room in one OF
dately up TO his room, and found him in consultation
with a gentleman. IL exactly ten minutes before