The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-15
TIE BOSTON FUGITIVE SLAVE CASE
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Judge vvoodbury's Decision.
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THE CLOSING SCENES.
Judge Woodbury. Decision

lied the badness the warrant which had
been issued against snlms for IA assault on Butm.n
Illegal delay by the Marrhal in having simus earlier
examined by the Commissioner O, that warrant
lie agreed with the other Judsee Ia TINS city that
where all the facts and umonls before them.
cessary correct decision the discharge Of the pr
soncr they might be examined and the writ not issued.
nothing could from but delay and
embarrassment to other proceedings
Yet II some facts wanting. a. here for example,
what other process had been served by the Marshal
which also with this warrant he held sims and whether
it Was still in the of being executed
cuse this not carrying Simms before Commissioner
this, it furnished good reason to issue the habea
corpus in order that the Marshal might
these facts He could decide the validity Of the
warrant on it, face the first point, copy Of It
before him. but he could not decide the second
point without further aud official evidence what other
process in the hands Of the Marshal against the pr
soner and how i operated, if at all the delay.
lie did not differ from the other judges in this city
teray on principle though this Case IN some respects
spd asas FROM the s Re them and where
required to return facts he felt bound incline in
favor of liberty
In about an hour the prisoner brought into the
court room and the return made on the writ which has
b. H. Curtis counsel for the Marshal after reading the
return observed that the Marshal would leave the
cision, except that it should be legal lie merely
add that by the Massachusetts, statute those who might
be interested in the result were TO be notified,
Dana Of counsel for Smms wished this might be done,
and the delayed; but Woodbury. Justice remarked
that ne was acting under the act, Of Congress and not
hearing for this unless in the further progress of it,
something should appear rendering it tit and reasonable
lie further said, that the taken up Fast
Day-s sort Of New England Sabbath, to oblige
commodate the prisoner and his counsel who considered
1t so urgent and examine thus late in order to dis
pose of tonight, and without
with other proceedings
Tho counsel however, moved for delay till Saturday,
insisting that 1t sake to suppose they had in
tended to cloe the business tonight and the Judge
scented to allow further time, If anything dis
closed In return or any surprise caused by its con-
tents.
but sti further time earnestly asked to examine the
return and to call in witnesses to certain facts deemed
material
The Judge said he grant delay though he feared
at much IL convenience to the public business in the
Circuit Court and contrary to what he supposed the
arrangement when coming here-yet IL right if more
time was really wanted by the prisoner and his counsel
for preparation, to indulge them. If anything moro,
however can be done before the postponemcnt it had
Dana then moved, that the Marshal DO required to
state fully and specifically his for delay in
having the prisoner examined under the warrant for
assault the officer
Judge Woodbury. observed that If the Marshal chose
to rely on his return it without moving on his
behalf for any leave to amend no should not inter-
fere, unless it appeared further examination that
sufficient not stated to enable him to dispose Of the
case undcrstsndingy.
the next day. When that time arrived
Mr. sewal as counsel for simms, moved the court to
appoint person to serve writ de homne repsiondo-
issuing against the Marshal for Smms-ana urged II
requiring immediate attention
Judge Woodbury. advised delay till the writ of haOeas
Seth Thomas Esq then objected to Mr. sewan acting
in this counsel for the prisoncr-the COM
missioner having decided this forenoon that Smms was
slave and having given certic ate and order to send
him to Georgia whence ne escaped lie was now under
the control and advice Of his master and agent for whom
Thomas, and not Scwal counsel
The Marshal then had read additional return, set
ting out this certificate and decision Of the Commits
sioncr to-day.
Judge Woodbury. said that these papers must decide
the point that Mr. Thomas had the better right to
appear in behalf Of the master and Simms-uness Mr.
Sewau objected to the constitutonality OF the laws
under which the Commissioner had acted II he did an
opportunity would be given to be heard on that point
and II would then be decided
Mr. Sewall did not wish 90 into that argument
this motion and the Judge then said the laws nuss
he presumed constitutional till the contrary shown
or adjudged-and consequently, Mr. Thomas had now a
than Mr. Sewal But let all take notice, that 1t did not
follow because Simms slave and had master that he
p.sessed no rghts-or that he might have a right
proper food, clothing and shclter-to have wife aud
hildrn, and religious instruction and be protected from
Improper abuse OF them or himself whether by his
ter or others Slaves have rights many subjects in
The creates. slave staesand often allowed TO try
Them by ~rs and courts And while here especially AS
well there II ud be scrunized closely, that no OPP
preston mareatment practised ON the prisoner
nd If he really had good grounds for such writ-no
doubt i would and could be issued and served
But Il does not say for IT, as coun
gel have urged that slavery exists exist in
laws For the United States laws and constitution
slavery constitutes part 81 the representation In the
House Representatives and the number Of electors OF
President-and the foundation for direct taxationand
when escape to such States Massachusetts from
they st slaves both by the constitution and the
acts Of Congress This ofthe compromises for the
Union
(Mr Sewall understood to say that he re-
ferrrd to Massachusetts, alone.)
Alone. Thank God Massachusetts, yet forms part
of the Union (Grcat applause which not suffered
May she long enjoy its benefits aud long help to enforce
its mutual and obligations We live under two
governments and owe allegiance to BOTH AS well as de-
rive incalculable blessings to both.
And regards his official duties connected with
OF these, he should uphold H. or perish In the At
tempt Applause again
Mr. sumner then moved that attachment issue
against the Marshal tor not returning more specifically
the date and Of the arrest aud detention Of smm
The Judge observed he supposed this motion was made
TO ascertain his views AZ to what must be the conruc
tion Of the return concerning these a. IT now stands
before arguIg the question VI the discharge He was
willing that the turn saying he received
the Of such date and served IT, he must be
sued 20 have received and served the day Of its
date lie should hold the Marshal to that, i he did
not 10 be understood, he might ask leave to
amend This would give also to the prisoner the benefit
q. the onget time u detention, In order to inculpate
the MaThal most to th. Of detention, which IL
the other ground Of the motion for tachment. In
the place. this return be regarded
o ' nsa,np sn,s. mr ba been uner hsarna from
time to time by adjournment TIL since the service Of
tie writ Of hateas corpus ....,,. A..
IL that. under the circumstance did not justify the
delay nc would stand IN fault but to what extent, and
with what consequence, 10 be settled hereafter
The motor vas disalioxed
sIr Sumner the close Of his argument for the die
charge a smms, proposed to oner some Witnesses 70
prove fraud connected with the criminal process In ques
ton and the IL In connection with the other pro-
GEES against simIns a fugitive.
The District Attorney Mr. Lunt, being present stated
that he ca ~ the criminal proceedings to be in-tu
ted and had rcgulscd them thus FAR and was RESPONSE
bile for the manner Of conducting them.
H. H. Curtig, Eco Ia behalf of the Marshal objected
10 any eysict &C against his return.
Judge Woodbury. observed. that the counsel for III
pr-oD,r could show tina, there foundation eithc
in fact law for the complaint against simms but tbs
Il had been got up falsely sud ffnudcnty by the Mar
shal by others with hi- consent conniyance he
Inclined to receive the evidence.
ID l. true that the wit II hae1s corpus 4 proceeding,
In resptcts, peculiar In character Il not like
action between parios indictment which issues
can w. made aud tried BY jury. lie hearing
It, VI at his chambtrs With Ne jury present aud with
~ the paraphernala Of court except officers vino
bad charge ~ the prisunsr
1t was q writ too which. though justly sacred our
fathers snd dear fathers fathers cantu-
tcs agcwas o. be acted W the Judge who issued IT,