The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-01-02

its action in this matter and that he there found
that they did not issue writ OF habeas corpus, to
take the case out Of the hands Of the Commission
err, but that the writ was issued without due
knowledge of the matter.
Mr.. Western oontended that il was the duty
Of the Commissioner to proceed in this case with
out delay under the law. He had he said no
power over the person of the man, which allowed
him to obey writ of habeas corpus He de-
manded the possession of Henry under due pro-
cess of the act The matter could now be con-
clusively settled IS he had witnesses in court who
knew the man from his youth to the present time
Mr.. Jay replied He said that the case was
delayed for the purpose Of testing the law. He
alluded to the adjournment of similar case in
Philadelphia by Judge Grier of the Supreme
Court.
Mr.. Jay contended that this law should be ad-
Indicated upon by the Supreme Court, and it was
for this purpose that he had obtained a writ Of
habeas corpus from that court in full bench. He
referred to cases Of but late occurrence in which
free colored persons were reduced to slavery, and
particularly instanced that Of the slave who was
| taken from Philadelphia but few days ago
| The Commissioner decided that he would obey
the writ Of habeas corpus, but that this did not
stay the proceedings in the case, which should be
continued He would therefore, he said, hear
further evidence that might be produced on either
side
Mr. jay said that Mr. White, his associate, had
left the court, under the impression that the case
would be add ed Hesaid also, as t>pCom-
missioner refuSSd to grant an adjournment, that
he was compelled to state, in open court, that he
had received promise from him, in private that
he would adjourn the matter till tomorrow.
The Commissioner said he had been misunder-
stood by the counsel.
Mr.. Jay expressed his willingness to make an
affidavit Of the correctness Of his statements
The FUGITIVE SLAVE CAsE-Fridsy the 9th.
| The Commissioner returned reply in answer
to the writ of habeds corpus issued for the body Of
Henry Long, that he had not possession of the
man. The writ was served on the United States
Marshal, in whose custody Long is at present,
and who, in obedience with its commands, convey
ed the alleged fugitive to the Superior Court, be-
fore full bench.
Pending the execution Of the writ, Mr.. White
rose to say, that as the case had been previously
closed for the claimant, the counsel had no right
to present further testimony.
The Commissioner said thst,-the counsel for
ciaimsnt had no right to produce further tes,imo
ny, and that he should now hear the evidence on
the part Of tbs, fssitya 49,. r.ss.t..
Mr. Jay here read an afidavit from Long, in
which he swore that he was free man, and offer
ed to produce testimony in proof
+.
affidavit, as opposed to the provisions Of the act
To this MIR Jay replied, that he desired to base
q motion on this affidavit, asking the Commits
soner to issue subpenas for the several witnesses
mentioned in it,
Mr.. White contended, that as the presumption
in this State is that Long is freeman till he is
proved slave, his affidavit must be received, and
the witnesses subpenaed.
The Commissioner here made brief review of
the whole proceedings in the case, and summed
up by saying, that as the counsel for claimant had
refused, after the examination of DIR. Parker to
produce further testimony, he was now compelled
to issue subp9nas for the fugitive.
The Commissioner then proceeded to make out
the subpGnas, after which he adjourned the case
till half past o'clock. Up to the hour of o'clock,
at which time our reporter left the court no action
had been taken on the writ Of habeaS corpus though
the Marshal, MIR. Tallmadge, had decided on en-
tertaining it.
The FUGITlvE SLAVE CAsE-Friday the 9th
Shortly after one O'clock yesterday, the Marshal
accompanied by Long and several of the police,
appeared in the Superior Court before Judge
Campbell, in accordance with the writ Of haJsas
corpus.
Against this proceeding Mr.. Western entered
his protest, arguing that the Superior Court had
no Jurisdiction in the matter and that il properly
came under the action Of the Commissioner
MIR. White contended that the return did not
| show Mr.. Hall to be United States Commits.
I sioner, nor is COMMISSIONER Court or Judge
Of exclusive jurisdiction to bar a haJeas corpus
The Court was Of the opinion that a United
States Commissioner, for the duties defined by
the law, has due cognizauce of the case
Mr.. White replied that Mr.. Hall was not a
United States Commissioner under the law of
1850, he being Deputy Clerk of the Circuit
Court, and by an old rule of the Court, the as
sstant, appointed by the clerk also, is to act as
Commissioner, but the law requires that the
commissioners shall be appointed by the Court
motion was then made by Mr.. White, for
the discharge of Long or that he be placed under
the immediate custody of the Superior Court.
A certificate from Mr. Gardndp was here handed
into the Court, to the effect that Mr.. Hall is
United States Commissioner
Mr.. White objected to this certificate, and said
that it only showed that Mr. Hall had been ap-
pointed by the clerk of the United States District
Court, which he contended was not o regular le-
gal appointment.
The Court finally decided to leave the man in
the possession of the United States Marshal and
adjourned to one O'clock to-day.
The several parties returned after the adjourn
ment TO the office of the Commissioner, where
testimony was heard in behalf Of the fugitive
The first witness examined was John Butler,
colored man, who testified as follows:
Reside at No II Centre street born in this
city, at No, 225 Forsyth street knows Henry
Long, who is present; first saw him on the day
| was engaged as coachman to MIR Nicholas Stuy-
vesant met him driving a carriage in Broad
way met him every fne day when ! drove out
| went to Mr. Stuyvessnt In June; saw Henry at
a ball at Manager, near Grand street. in Febru-
airy he was then introduced to me as Mr. Long;
| had always bowed to him as met him remain
ed with Mr.. Stuyvesant till the February sue
ceeding that, and next February will be two
years since left Mr.. Stuyyesant it was stated,
| on behalf Of claimant, that Long left Richmond
| two years ago He drove carriage from stable
| in Mercer street between Blocker and Houston
he afterwards went to waiting; previous to going
to Mr. Stuyvesant, drove carriage for DR. KY
pras, corner Ninth street have recently work
ed in thefour store of Allen x Whitlesey, and
sometimes drove the cart saw Henry last Sat
| urday.
Here the examination was closed for the day,
and the Court adjourned till ten o'clock this
morning.
Elizabeth Dixon o colored woman, was sworn.
She testified as follows: | live 1919 Elizabeth
street | was born in New York | am twenty
two years old ! know Henry Long knew him
in November ls47; have known him since that
time have no, seen him very often, since he
left my house, in ls4s; l did not see him oftener
than three times since then. twas in the winter
Of is4s that he left In February, think il was il
was in the habit of seeing him daily, while he was
at my house, from November, Of ls47, to Febru-
airy, Of lSis he boarded with me during that
time | am positive that knew him in Novem-
Der, AT; know so, from the fact that there was
sickness In my family, my husband was sick six
weeks; I then lived at 70 Spring street.
Mr.. Fowler was my landlord my landlord kept
a shoe store. While Henry Long was with me,
he worked down town part Of the time, and part
Of the time he was wsiter. After February, ls4s