Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1851-01-17

money, and comparing it with the original cost of
the commodity, would assure Mr.. Corwin that he
was gamer by the transaction, but that would be
clearly against the theory of the balance of trade
and therefore the plain man must be in the wrong.
On the other hand, if the Pork were to be spoiled |
in the transportation to New York. SO that it should
become a total loss Mr.. Corwin having exported
goods to the amount of thousand dollars, and got
nothing in return, would be able to congratulate
himself that although people in general might look
upon him as loser, yet by his own theory of the
balance of trade he had doubled the money invested
in the enterprise-N. Y, EUe. Post
Slave Case-The Decision-surrcnderI
of the Accused-Force Called
The United States Circuit Court Room at New
York was densely crowded on Wednesday morning
9Th instant in anticipation of the decision of Judge
Judson in the of Henry Long, accused of having
escaped from slavery to freedom.
Judge Judson read the following decision, and Or
dered that Henry Long should be surrendered to the
claimant:
In the matter of John s. Smith, for the reclamation
of an alleged fugitive from service known by the
name of Henry Long
This proceeding has been brought into Court in
pursuance of the act of Congress of February II,
1893, and an amendatory act 18th September. 1850.
S. Smith, the claimant is resident of Virginia,
and claims the restoration of Henry Long fugi-
tive from bis service. To reclaim him to that
vice he has, under valid power of attorney, caused
the arrest of Henry Long by his authorized agent
and attorney.
| An affidavit having been fled in Court, warrant
custody of the Marshal of the district awaiting the
| determination of this matter.
I No questions have been raised in regard to the
form validity of the papers OF the case.
u The claimant has produced his evidence in sup
port of that claim and the alleged fugitive, by his
counsel, has produced such evidence the counsel
| deem proper all of which has been heard and
sidered.
Counsel learned in the law have discussed with
great ability the questions involved in the case.
| And now it devolves the Court to decide these
questions according to law and evidence.
| However important may be to the public
or an individual no other rule was ever adopted in
the administration of justice
If evidence is to be weighed that must be done in
even scales.
If the law is to be interpreted, there must be no
departu1 from the long established rules belonging
to the code of the civilized world.
/ Before stating the question to be determined,
it may be proper to remark that in the argument of
the cause the learned counsel for the defence who
last addressed the Court did with great frankness
and candor admit that the law of Congress, of Sep
TENDER, 1850, by virtue of which this is now
proceeding in the Circuit Court of the United States,
is in no inconsistent with the provisions of
the Constitution. Or in other words so fa- as this
cause and this Court concerned, this aW is con-
stitutional, Ualid, and binding.
To this admission it may well be added that every
Judge and court of the United States having taken
upon themselves the oath to support the Constitu
ton, by possibility fail in the performance of
, that duty whenever case falling within the law,
supported by proof, is brought before him To do
otherwise would be violation of known duty, and
prostraton of all law, to be required by any
: judge by single individual of that community in
which he may be called to act.
These considerations and this admission supersede
all necessity of discussing either the constitutional
ty of the law, or its power over this Court.
What remains then to be done in the present case
. It is simply to inquire
ST nv thn law of
owe service and labor to John T. Smith, the claim
I'd Is Henry Long fugitive from that service
within tharaeaning and intent of tho ID section Of
the 4th article of the Constitution of the u States
and within the meaning Of tlroaot OF congress ABOVE
= mentioned?
: The question of fact comprehend all that this
d Court has to determine.
r The case is therefore brought down to very mar
row point, the common construction and aceigh
l. ofseridence.
Some of the obvious rules for the weighing of evi
o dence may be alluded to furnishing a guide fo
l. the mind
:, The means of knowledge, the integrity and stand
ing of witnesses the probability of the story related
Is the liability to mistake to time, facts, crcum
stances connected with the case-these are all to
t. taken into account in giving effect to the testimon
q of the case.
To return to the first question: Does the perso
arrested according to the laws of Virginia owe ser
e vice and labor to the claimant?
1t By the laws of Virginia slavery is tolerated TIL
Constitution of the United States yields its sanction
in that law, and since the organization of the gov
Is ernment the Supreme Court of the United States
their numerous decisions have upheld the RICH
therefore subordinate tribunals call it i
question In point of fact, them how stands the
Is and the proof in regard to the person claimed?
DIR. Wade, citizen of Virginia, an intelligent wit
speaks of his own knowledge to the court beal
Is ing testimony that Henry born III his mmediat
"a neighborhood in the town of Outstanding in Vii
glna, that his mother was q slave, owned by MI
s. Anderson, and that they brought up togethe
n as boys and men that he has always knew him an
ut seen him in service as a slave; that his claimar
r married the daughter of Mr.. Anderson that, afte
lie the death of Mr.. Anderson the mother and pas
ed into the hands of this claimant and this witne
Sc adds that he has never met with Henry in Ne
York, and in conversation with him, and in seein
cs him in court he knows him to be the persol
and positively swears to his identity as he could
j. his brother
re Dr. VIM. Parker, another citizen of Virginia. te
he titles that heretofore he has been the habit of
IT, itng John T. Smith, his brother-in-law, in Russ
county, Virginia and saw there in service a sla
the person here arrested; that at the instance an
H. request of Smith, and his agent this witness ha
y the letting of Henry in Richmond Virginia, to tn
house Of Iaokine and Libby the slave of this
y, PENDANT and collected the wages transmitting tt
at same to his brother-in-law Smith. That while so
Use service in Richmond, Henry was sick more tina
er once that he was his physician attending him viii
he sick, and sat up with him through the nigh
ill that at the request of Henry he wrote to Henrys wi
and master in Russell county.
Two witnesses, masters of vessels, sailing betwee
er the port of New York and Richmond have also tie
40 tilted that they have frequently the
re- work in the store of Haskins Libbey, during tt
IL n n IL Gl-.oAk