The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-09
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The Hxtradition Of Henry Long.

The Hon. judges Judson and Belts presiding.
IN THE MATTER OF JOHN T. SMITH FOR THE RRcLA
NATION OF AN AILEeRD FUGITIVE FROM SERVICE
KNOWN BY THE NAME OF HENRY LONG.
Judge Judson delivered ths following decision in
This proceeding has been brought into court in pur
suancs Of the act Of Cengress Of Feb IL 1793 and
amendatory act, Of Sept. Is, 1850. j. I. Smith the
rstOratios Of Henry, ss fugitive from his service
To reclaim him to that service, he has under valid
power Of attorney eaasss the arrest Of Henry by his
authorised agent and attorney. An affidavit having
been filed In court, . warrant issued, and the ar.
rest was made Henry nov in custody OF the Marshal
OF this Dstrst awaiting the Of this
ter No qutns have been raised regard to form
Sr validity OF the papers Of the The claimant
produced bis evidence in support Of that claim and
the alleged fugitive by his counsel has produced such
evidence as the counsel deem proper-alI which has
been heard and considered. Counsel learned in the
involved in the case. And now It d~volvss on the
Court to decide these questions according law and
public or an individual other rule can ever be
adopted in the administration of Justice II evidence
!. 70 be weighed that must be done in scales II
the law 10 to be interpreted, there muet be no
departure fsm the long established rules be-
longing to the code Of the civilized world
Before stating the question to be determined it
may be proper TO remark that In the argument the
cause the learned counsel for the defence who last
addressed the court with great rankness and cander
admitted that the law Of Congress Of September 18th
1850 by virtue Of which this Is In
the Circuit Court OF the United States is in
or in other words, tar this and this court
are concerned this law Is constitutional, valid and
binding To this admission 1t may well be added that
every Judge and Court OF the United States having
taken himself the oath support the constitu.
tion can BY no possibility fail in the performance OF
that duty whenever case falling within the law eup
ported by competent proof s brought before him To
do otherwise would be violation OF duty and
proetraticn Of ell law be required any udge
by single individual of that community in which ne
may be called to act, These considerations and this
admission superseds ali necessity OF either
he n w or fta Ia
court What remains, then to be done the present
csses 1t simply to inquire First does Henry Long,
Smith, the claimant! and secondly, is Henry Long
fugitive from that service, within the meaning and
stitution OF the United States within the
OF the act OF Congress above mentioned These ques
tions OF fact comprehend all that this ccurt has to
determine. The case ID therefore brought down y
very narrow pont-the common sense construction
and weight OF evidence Some OF the obvious rules Tor
the weighing Of evidence, may be alluded to- ss fur
nishing guide for the mind The m ans Of Know
ledge the integrity and stan ding Of witnessesthe
probability Of the story related the liability to mis-.
take as TO time, facts, or circumstances connected
with the case these ell TO be taken into
count In giving effect to the testimony OF the
To retarn to the first question, does the person
rested according to the laws OF Virginia service
and labor to the claimant By the laws OF Virginia,
slavery is tolerated The constitution OF the United
States yields its sanction to that law and eince the
organization OF the government the Supreme Court Of
the United states, Ia their numerous decisions have
upheld the right Therefore subordinate tribunals
now call 1t in question In point OF fact then,
how stands the ease, and the proof in regard the
person claimed? DR. Wade, citizen of Virginia an
intelligent witness, speaks OF his own knowledge to
this Court bearing testimony that Henry was born
In his immediate Deighborhood in ths Chris
tianburgh, Virginia; that his mother was slave,
OWED by Mr.. Anderson; that they brought up
together as boys and men that he has always know
him. aud seen him In service as q slave; that this
claimant married the daughter of Mr. Anderson; that
alter the death Of Mr.. Anderson, the her and son
psssed into the hands OF this and this witness
adds that he has now met Henry In New York, and In
conversation with HIM and in steng him here court.
he knows him 70 be the tame person and positively
svesrs to his identity as he would 10 his brother
De- William Parker another citizen Of virginia testi.
es that heretofore he has been the haoit u visit
Ing John I. smith his brother in Law, in Russell
county, Virginia saw there in service as slave
the person here arrested that the instance and
quest OF Smith and his agent this witness had the
letting OF Henry In Richmond, Virginia, TO the house
OF Haskins Libbey the slave OF this claimant aud
coll.ct the wages, trapsmitting the sam. to his
brother In law, Smith; that while In service in
Richmond Henry was sick more than once; that he
vas his ply ysician. tteDding him while he sick
and eat up with him through the night; that the
requsst OF Henry hs wrote 10 Hsnry piie and master
In Russell county. Two witnesses masters Of vessels
sailing between the port OF New York and Gichmoad,
have ALEC testified that they have frequently this
man NJ work in the store of Haskins & Lebbey dur
ing the time stated ty Dr. Parker; that since
that time they have seen him in this city, aud
seeing him here in court, identity him the
sans individual. The second question is-Dss Henry
Long escaped from the service Of John T. Smith
DR.. Parker again testihes that in December, 1913,
Henry lett Richmond; that he advertised him; that
with agent search. he could be found then, an
that tnce that time be has been found IN the city OF
New York On the part Of the claimant it IA insisted
that this evids should be deemed satisfactory proof
competent IN law On the other hand the counsel for
the defence have Introduced four witnesses who tes
THY that they Henry in the city Of New York, in
November and December lsI7, January 2lth 1SIs and
from that time down to the present Ii Is claimed on
tn, part at the def nee that the alleged fugitive was
not in Richmond at the time sworn 10 by DR. Parker
and the two shpmnsters. There Ia no necessary cou.
tradction between the witnesses thus introduced.
They only differ TO time There IL no doubt that
thste four witnesses have seen Henry Long In New
York but "a 10 the precise time they may be mistaken
md have substituted the year 1sis for 1879 For in
stance the paper which bears date January "a 1Sis
was undoubtedly written In lsle for the witne,s de-
clares that her iatheE inlsw sailed for California In
particular ship which sailed 10 January 1913 she
hen In point of fact the ship saied
lssg Then 20 the testinony tf John Butler he
titles that he Henry frequsn ntly that leury was
constant driver Of carriage from particular street
named hJ him and that he often met MIN AT black.
fmihs shop IN Cent? street One Of these witnesses
testifes thst Henry was avalter in q hotel In New
YORK Another one. that be Henry with his wait
ers garb and dress beard the Vanderbilt, al IN the
year ssS II these things actually occurred lsis
IL would be an easy matter Tor Henry to inform his
counsel where lived the of this coach he drove
80 long; whose the hotel in which he waited
and who va. the captain cf the Vanderbilt ia lb43
for whom be tsrtsdi they would all have BEEN here.
This omi'fion goes TO show that there might have
been mistake ~ 20 the precise time when Henry
was first f.en In New York-aud honest mistake
too. There Is another remarkable emission which
chsracterr.s til. deien Are there tro Henry Longs
J have heard OF no tuch pretence. and u there be
hut one lienry Long, tbs question naturally pre-
Henry Long Of Virginia. Il be Henry Long Of
New York And " the latter, Why are not his
psrents bis brothers, his sisters, hs neixhb0rs
his hoyhood ncquaintances here, 70 identify him. in
stead ~ John butler They would ali rush TO the
court room, and tell US that this msn u the heury
Long thew forh, ard tree man This aspect of the
csee u one of singular i'm portance These considera
tions lead the court 10 the Inevitable conclusion that
there y no real contradiction arising out of the ey
dsnce of the care that the two great questions of
fact invoved In the controvsrsy maintained upon
" satifactory proofs competent In law Tue eonse-
quencs e. that certificate in conformity with the ert
of CoDgres be issued BY IN. clerk % this court,
Tor the surrender Of Henry Long, fugitive from
service aud labor
After the delivery of the decision of the iesrned
Judge which listened 10 With breathess attention
by oeneey crowded audience the gallery heiug
tlled with ccord people, Mr. Jay one si the counsel
fur Lorg begged o. that In any observktions of
his he lad admitted the constitutonali,y Of the
act
The Judge raid he would make the correction to
Mr. Jay.
An afidsyit of Mr. Parker, the agent of dr j. T
Smith, then read 70 the Court in which the depo-
psnt stated that In c5nsequsnce 81 the excitement