Weekly national intelligencer., 1851-04-19

III - Commissioner as ministerial one, leaving the
6l ~ we State GoverDmsn upon the faith that il will
die n n own subject"
rhe Qmssioncr then proceeded to cite the authorities
v3ich e04rmed his reasoning upon this point.
FI next objection raised is to the competency Of the
cty a. Icd OF the Of another State evidence in
t. 60 Q0ngess having no power to give authority to
Se opos % take such testimony. There two objects
o|inq dfst, has any person escaped from Georgia as
3egoI q5condy, is this the man The act directs the
~ exnation to be made there, and the second here.
s Vo1 States Supreme Court having decided that State
might under the former law exercise the whole Of
u ction, 1t 10 certainly competent for Congress to
dnf ~ 81 i upon such magistrates now and, as in the
q courts acting upon the evidence certified BY bank
ess, il proper to make the finding Of the State
his part Of the inquiry binding upon the commits
sbnoy Mo Wss 70 ad]udicate upon the other part
~ objection that the prisoner was not present 70
H. the Witnesses against him, his absence from the
Aase be could not be served with notice was in his
In nd be cannot now complain Of IT,"
a iapsr then, altar replying d some length to
az shat Con9se. h.vs % power p legislate
Cd u ua "a asiivs davss y III, but that 4 i power
s1dsuy Which bSIons exclusively the Stases proceeded
to exasnse the evidence in the asc After full summary
Of this, and commenting upon il, be closed BY saying
Having thus stated the conclusions which have come
upon all questions raised in this have cnyto add that
entertain doubt whstever that is my duty TO grant
WulCn !
accordingly grant it. sa
feel it to be public duty, in closing this decision,
express here my deep obligation the Marshal Of the United
States and the Marsl Of he city Of Boston, and the
rious officers serving under them for the efficiency and pu
dence with which they have discharged their respective duties
connected with, or occasoned BY, this hearing"
Pending these proceedings the evening Of Fast days
writ Of habeas corpus sued for before Judge WOODBURY.
Of the Circuit Court Of the United States for this circuit and
he appointed three o'clock yesterday afternoon to examine the
case The charge that Sims held by the Marshal
under warrant for wounding the United States officer who
arrested him. which warrant itself bad at law; and
further that although had been served four days nce there
had been no trial under it, ,#
His honor explained the nature Of this class Of warrants,
and showed that definite description Of the crime alleged
unnecessary In point Of fact the counsel for the prisoner
had acknowledged hst that crime had been committed, by
making similar complaint, for the offence before
State court Az to delay, it appeared that the man had
been constantly in the hands Of the Marshal for another
mnaon in the same court II was not the custom Of any
court and the Marshal had right to interrupt trial for
the purpose Of commencing another
His honor said that since the petition further motion was
made him to hear the its merits and bail the prisoner.
Advertng to the unusual character of the motion, and the
entire Of law to sustain H. his honor remarked the pr-
soners counsel hsd refused let him hear this during
the session OF the Circuit Court He here merely in
chambers NO court in session. himself without officer,
any power whatever the honesty Of the citizens around
him. and the respect due the laws. II unprecedented
and impossible he should not entertain the motion lie,
the prisoner be emande to the custody Of the Marshall as ne
was before the issuing Of The writ.
Hn honor cautioned the Marshal-of the prudence Of
whose conduct he expressed his approbaon-ha when the
public peace permitted if be did not return the warrant with
out any injurious delay he would be table, unless the Untet
States Attorney and the complainant should abandon thei
prosecution which they could do If they chose. burst
applause followed this decision, which was promptly checke
by tn Msrshsl.] 3 MA Y,
IT, onion Of Judge -WooDsUsT. well o. his bearinI
with ssas oshs counss in this somewhat extraordinary in
quiry, excited general commendatioB producsd sevsa
times louder murmur of applause than BELTS court OF jus
ice One Of these occasions was when Mr. SEwALL was
inveghns against this proceeding taking place under Mas
sachusetts law" His honor replied that he wished the gen.
teman to understand that the laws of the United States
the laws Of the people Massachusetts, and that notwh
standing the action or passions Of fanatics be hoped would
be long before whatever Massachusetts, she ceased to be
q State in this Union. .ea.
Yeste,dav committee of the Senate commenced in
yestgaton as to whether the liberty Of any OF our citizens
has been violated by the emsne Of the officers Of Boston
Or Of the Commonwealth, and Sheriff EvELETH has been
under quasi examination.
During the forenoon of yesterday there meeting at
fremont Temple, where Messrs. PILLsBURr, PHILLIPS
and o,bersn,erupted by ABBr FeLsoM and ohersabus-
ed the Boston press and the Boston pulpit to their hearts
content We understand that they collected Sl65 towards
their expenses and expressed earnest desire to receive as
much more. .,EeI. a
AT seven o'clock last evening Mr. HIIDRErH gave for
NAL notice 10 the Marshal that be holds Sims under cr-
na warrant for an ASSAULT he must not take him out Of
the State wthou. giving ample notice to the copsinsnts
Wa beieve that now all the claws delay has been gone
through with, and that Messs SuNSrR, DAsA, RASToUI,
s,v.1r. WENDELL PHILLIPS, and Miss ABBT FoLsoM
l retire from the field. They Of them believe in
appeal to physical force in their own persons Sims will be
sent South this morning.