The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-04-08

State should be overruled by the claim of Mr..
Potter.
The COMMISSIONER stated that when any COM
munication was made 10 him from the authorities
relative 10 the matter, he would hear II, but at pres
ent he could not take any action in the matter re-
ferred to by Mr.. Sewall.
Mr.. SEwALL put in the following affidavit of the
prisoner:
Thomas Sims, alias Joseph Santinna, ON oath de-
clares that he was born at ST. Augustine, Florida;
free papers were left by him, many years ago, with
Morris Porter, of Savannah, who now probably has
them; that these free papers were obtained in ~.
Augustine by his father, Spaniard. He further
says that he never knew or heard Of such person
as James Potter, who now claims him his slave,
till this morning. his
THOMAS x SIMS.
mark.
ConMoNwEALTH OF MASSACHUSETTS, Suffolk, a.:
s. e. sEWALL,
April 4, 1851, Justice of Peace.
Mr.. RAsTouL then stated the points of defence to
be as follows:
The denial of the right Of the claimant to deliv-
cry of the prisoner under the process will rely up
on the following points,
That the power which the Commissioner ia called
upon in this procedure to exercise Is a judicial
power, and one that could be otherwise lawfully
exercised only by judge of the United States
court duly appointed, and that the Commissioner
is not such judge.
That the procedure is a suit between the claim
ant and the captive, involving an alleged right Of
property on one hand and the right OF personal
liberty the other; and that either party, there-
FORE 10 entitled to trial by jury; and that the law
which purports to authorize the delivery Of the cap
tive to the claimant, denying him the privilege of
such trial. and which he here claims under judicial
process, is unconstitutional and void.
That the transcript of testimony taken before the
magistrates Of State court in Georgia, and of the
judgment thereupon by such ma strate, ia incom-
OetPn evi hav n m IN
fer upon State courts magistrates judicial au-
thority to determine conclusively otherwise up
the effect of evidence to be used in suit pend
t n H. '0 IN announcer s'e or before announcer
That such evidence is also incompetent; the cap
tive was not represented at the taking thereof and
had no opportunity for cross examination.
That the statute under which this process is in
stuted is unconstitutional and void, Is not within
the powers given TO Congress by the Constitution;
and because it is opposed to the express provision
thereof.
MIR THOMAS thought the only question now for
the Commissioner to decide was, whether one
Thomas Sims did owe service and labor alleged
in the complaint, and whether the prisoner was
that person. The points stated by the counsel on
the opposite side all related, he viewed them, TO
the constitutionality of the law, and not to the
question at issue before the Commissioner.
The COMMISSIONER stated that he felt that it was
his duty if the counsel for the defence desired and
insisted upon it, to hear them upon the points by
them stated.
Mr.. RANTouL stated that much time would be
required by the counsel in preparation for arguing
the several points which he had stated, and hoped
that delay until Thursday next would be
granted.
Mr.. THOMAS objected to so long delay, on the
grounds Of its being longer time than was neces-
sary, and the great expense to the parties well
as to government, In employing a large number OF
officers to maintain the public peace.
The COMMISSIONER decided that, under all the
circumstances Of the case, taking into considera-
ton the fact that the defence had no testimony to
put in to the facts, and that by the testimony al
ready adduced prima facie case bad been made
out by the government. he should postpone fur
ther hearing only until Monday next, al twelve
O'Clock, m, which delay, he thought, would afford
sufficient time to the counsel to prepare their
guments.
The court then adjourned until Monday next, at
IL O'Clock, m.
AZ early as O'Clock this morning, few per-
soma began to gather around the court house, and
upon the sidewalks opposite. The numbers in
creased to some two or three hundred by ten
O'Clock, but every thing was quiet and orderly.
Colver, Parker, Phillips, and others of the aboli-
tionists, who counseled mass meeting in that vi
cinity this morning for the purpose of obstructing
the execution of the laws. were seen in and about
the court house, but the masses who were to be
there were absent. The crowd was composed
mainly of the loafer class, with here and there
q curiosity to know what was going on.
Quite number of colored persons were present
in tho crowd, the most Of whom demeancd them
selves in quiet and orderly manner. Two or
three let their feelings get the mastery their
good judgment, and INDUCED in language to the
policemen on duty which rendered il necessary to
take them into custody, which quietly done.
Up to one O'Clock every thing around the court
house remained quiet. A hundred or two persons
were hanging about the court house, on the side
walks. The appeals of the leading fanatics to the
mob spirit have evidently passed UNDECIDED.
Several ill disposed persons watched this morn
ing for the appearance in the street of the three
gentlemen from Georgia who witnesses in this
case, and upon their approaching the vicinity Of
the court house, mob gathered and surrounded
them, evidently with the intention of haunting and
annoying them, if for no worse purpose.
officers interfered, and the three strangers en-
tered the courthouse without further molesta-
ton.
In abiding to this demonstration of gang of
rowdies, one of the gentlemen remarked that he
did not believe the mob composed of citizens of
Boston, for they didn't look like residents of this
city.
ARTIST OF ARMED MEN.-After the crowd which
gathered in Court square last evening had dis
persed, four or i've negroes, who had been loiter-
ing about the square throughout the day and even
ing, continued to remain in the vicinity, and about
two O'Clock this morning demanded admission into
the armory of the New England Guards, in Frank
lin avenue, where that corps were quartered for
the night They were told that there was nothing
for them to sec, and they had no business there
at that late hour, they had better retire. This the
negroes refused TO do, and continued to annoy the
company, and caused 30 much disturbance that
Capt. Bradlee and Lieut.. Col. Boyd called upon
the watchmen, who arrested and committed two of
the number, named Charles s. and Isaac H. Snow
den, upon whose persons were found pistols with
powder and ball, and large carving knife ground
sharp on both edges, with artificial hilt around
the blade next to the handle
These two colored men were brought before the
police court this morning, for examination, when
Messrs. Phillips. Norris, and others, Of the Vigil
lance committee, appeared for the defendants. The
examination had not been concluded at half past
two O'Clock when otIr mn nor IN nreea