Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1851-01-03
From the RiehmOnd Dispatch.

BID ta,n1tv to be arrested IN view I oFk on Mon
eop tTbc man was named Horny Long -esea-
,,t three years ago--Was IN the employment
soa' uaskins & Libby at the time ofhis escape
desrS.. h5 fine of arrest was a waiter in the Pa
e5d y" The Marshal and assistants did their
sf0tgii ro,cht the prisoner into Court very prom
sal HfeCune Smith, Lewis Tappan. and a
W. colored persons expressed their sympathy
s@ I" ~. Init there was no disturbances DR.
faIp" t;God the negro-said he had been en-
Sf u' L;ro him out in Richmond--had done so
EEL % and had attended him in sickness. The
,lsn!y .onnscl by way of impending the progress
sag asErd him a variety Of questions; such as
Fsaes CO the instrument by which Dr. Smith held
s ;srn &C.. and finally asked for an adjourn
% SAL that he could prove that at the time
81 :. 9IIe1red to have escaped, he had already
p u New York for length OF time. The case
aI NV ~" adjourned until Tuesday morning, and
s PAN: refused the prisoner was committed to
sIonbs.
Glowing day, dec. % Henry was brought
1be oQ T.nTf in the custody of the Marshal. A
fore ulo Soonrse of blacks and whites assembled
gs con. commissioners office and it became ne
Nna .nI cation strong police at the doors to pre-
safy orond from rushing in and interrupting the
at in Gnrs Of the Court. After long discussion
teeA.o of the fugitive, declaimng against the
the T ;:nr excluded from the Court room, Mr..
foSa '-.0 AGAIN called, and underwent long ex-
Parker We, .s ia his knowledge that Henry was the
sninalorn n Smith The admission of Henry that
'Fe % .bo nroperty of DR.. Smith, was ruled as in
vac b ,L' 1 number of letters from Dr. Smith to
1'I o,,Ler written before Henry ran off was also
= "s inadmissible. Although evidence was fled
.rionce. showing beyond the shadow of "a doubt
Henry was a slave, as alleged, yet there seem
,be foregone conclusion to regard all and eve
y,s,intiOn0f evidence as insufficient to establish
I,im to him and his counsel moved for his dis
~, upon the grounds chat the evidence of his be-
.slaye was insufficient, and that g the act under
IN the claim is made is unconstitutional and
sJ~ The Commissioner thought that the accused
5tuot to be discharged sat this stage of the pro-
+Gngs." Ienrys counsel tLcn handed IN writ
IIs9s corpus, for the appearance of Henry before
Snnreme Court on Thursday morning. The
missioner said that the writ of hebeas corpus,
m be obeved by him. and ordered the Marshal
ban Henry in custody, and to take him before
Court on Thursday at y o'clock. The accused
then conduted to the TombS, amidst much e1-
nent, by about two hundred police men.
The New York Fugitive Case.
Be L s Commissioner refused to ad journ the ex
Hation of the case on Friday, in consequence of
wit of habcas corpus issued from the Supreme
It, but mt the request Of longs counsel, consen-
Em do 80 until half past two o'clock, P. NJ.
r. the meantime Long was taken before Judge
|mnbell. when Mr.. Western, counsel for the clai-
nj rrotested against the interference Of that court
a 3suedits jurisdiction IF" he said .the State
[5XevYuk. as represented by her magistrates puts
herself ia collision with the I. States authority, |
rThre nothing to say to it. Let New York fight
'g oTn battles. A higher authority gives me the
Fght 10 take my property, and if New York inter-
res let her take the consequences" Mir White
hd that until the court decide this matter, Long
transferred to the custody of the sheriff, and con-
rei that the process by which he was now held in
Eoly was nugatOry, as Mr.. Hall was not q United
se Commissioner. After considerable discussion.
nyer, the Judge refused to remove Long from the
@dy Of the Marshal, and the further hearing of
Ra,c before the court under the writ of habeas
pu was adjourned until Saturday, at l o'clock,
The examination was subsequently resumed before
missioner Hall, and evidence for the defence adj
vel Mr. Jay, denying at the same time any power
Z The part Of Mr. Hall to act in the matter
b@m as Judge Edmonds took his seat in the Su-
nc Court, special term, on Saturday, the L. S.
sa appeared with Henry Long. in obedience to
Mtot habeaS corpus returnable before the gener-
! term ofthG Supreme Court. The writ being read.
Honor said he would not act in the matter then.
Ae general term stands adjourned to the first
ndsy in January.
hngs Counsel had no objection to the writ being
rl from the general to the special term but
sMuld not be done to suit all concerned: and the
IHhaI left the court with the fugitive in custody,
proceeded to the chamber Of the u S. Commits
Enr
The prisoner. Long and counsel, on both sides ap-
I1Hnp bpfOrp EI;1, -
.0Fed woman, was sworn. The subtance other tes-
EnCny was that she knew the prisoner Long in No
FmOGr 1917, when he lived with her, and since that
F[ TO she has known him to reside in the city
MT, Western asked the Commissioner for sub
''TN W.T. a MIR Barker whom he said would testify
D, lug Ls Oahg slave in Virginia two years ago.
.@ however. eontradicted himself and could actual
1 |O'c nothing. Other witnesses were to be exam
FRrnOon = 3 0'>'''t9 vi ''''''' N''.
lYNe| York Commercial, of Saturday, in refer
We 10 this case, says
~, Iay' ior the prisoner, said that his object in
'PPe.cauon to the Supreme Court of this State, in
S NV LOT writ of habcas corpus. was to have the
r P'CcGeaInSS under the fugitive slave law re-
ss5 I ma the constitutonality of the law itself
kl,!, taxing the case directly before the Court
my .ps s ana, II necessary, before the Supreme
sc,r w oHiteu OtaCcS. MS would be the best
%uf all parties, and is, in fact, the only legti
u" ns OF settling the whole dispute about the re
n%~ @ Congress. Let it by all means be carried
, %Go !@pcme judicaturc, which alone can decide
EI."@SayeIy upon it's constitutionality.
sa w.t. neStern, counsel for claimant, also made a
n, dJTa%aou, which we think is still better He pro.
na a"" Mr.. Jay, instead of taking out his habeas
S& :, 10 I. the Supreme Court of the State, should
H., n" an arect to the Supreme Court of the United
'e5 W which long delay, and we apprehend
RP@Pense as we'll as proyocaton, would be avoid
0batlmore Sun
l,r w ashmstm correspondent of the New Orleans
F9 "t SAYS ~ The late act of the Legislature of
i've act w mas 4uIfes er qcio the late fugitive
Tersa passed a BY Congress at the last session. is
rare n3on condemned one here in Washington as an
b. and u Sa the General Government, the constitu-
Senator's cS sonti and by no one more so than the
IAN and tbo from I NGrmont, Messrs Phelps and Up
raln % inc whole delegation from Vermont here in
b~ IS "i Judge Phelps, who, as you we'll know,
aq Ia, lSo.S Judge and as profound legal
N tn IS IN the eountry, pronounces it an out
aaa # A. %'ute book of the State, and degra-