Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-04-14

which Is 80 important in system of government
had been customary for the state courts to wrts
OF haoeas corpus IN cases establishment in the u States
service, out IN 5uch cases the party not held in
custody under legal process but only by some officer
OF the army or navy who had no color OF power by
law to decide IN the premises But here the commits
soIet mao ne r'sht to decide under an express law
and the presumption was, that the law was constu-
tonai. ouchlng upon the objection that the law was
UNCONVENTIONAL, because 1t does not provide for trial
by jury ne remarked that in this respect the same
as the act OF 1873; and the court felt that the long
course OF judicial decisions that law were binding
upon them. Those decisions embraced the PRINCIPLES
upon which this case must be settled If the question
were indeed new one, the court might pause and
take more time for consideration 1t was true the act
was recent, and some of the proceedings prescribed
were novel, yet the determination of The questions
when arose under It depended upon the decisions of
nearly hlty years, and long of practice familiar
10 the minds OF the court. His honor concluded with
the remark-"We are bound to saw. as our unanimous
OPINION and with full sense ofhe weight of our opn
ION that the writ OF habeas corpus cannot be granted in
this case" s
INC Hearing before the Commissioner, Continued
AT Twelve O'Clock while the argument on the habeas
corpus was proceeding before the Supreme JudiciaI
Court, G. T. Curtis, ESQ.,, U. S. COMMISSIONS took
ms seat IN the u s. court room for the purpose of re-
sumng the examination, according to the adjournment
on SATURDAY, but note was handed to him from Chief
ustce shaw, requesting him to delay ding until
l O'CLOCK by which time Mr.: Rantoul would be re.
leased from the other The commissioner there
upon adjourned his court till o'clock.
AT that hour the court was opened AGAIN and both
Messrs Loring and Rantou asked tor further delav
TIL o'clock when the decision in the Supreme Court
was TO be gwen but the commissioner declined, and
o1o o Mr; Ranoul to proceed with his argument
W.T. kantou entered it'll great elaborateness into the
constitutional argument arising from the grant of what
ne maintained was judicial powers 10 the commission
ers. ne argument was the same in substance that
mace by him In the Supreme Judicial Court He said
mat under the commissioners certificate the owner or
ms agent might carry Sims any where and sell HIM
to South Carolina, Cuba, or Brazil.
ip+ar
nothing OF the kind could be done BY virtue of the GER
tlhcate The only authority given by the certificate
was TO take the party back 10 the from which he
n1l escaped 1t still lett the question OF the party's
right 10 MS freedom 10 Georgia open to trial before the
competent tribunals of that state
Mr Rantoul replied that the act did not provide any
penalty II the agent carried the party elsewhere or sold
hm nor did provide for the trial Of the partys right
IN the state to which he remanded
=, Inc commissioner asked him, if he meant to argue
!hat the law was unconstitutional, because congress
mad omitted to make provision for the protection of the
partys alleged right after the granting othe certificate
Mr. Rantoul said the practical effect OF returning
party was to reduce him to perpetual slavery for par
" presumed to be slave in Georgia could get no OPP
portuny tor trying his rights. He would neither be al
lowed liberty to go and consult lawyer, nor would
Ceedngs.
In the afternoon, Mr. Rantou discussed the proy
SION OF the constitution which gives the ria by Jury in
all cases at law where the amount in dispute exceeds
twenty dollars He also dwelt at length on the magua
charta provision Incorporated into the constitution that
no one shall be deprived of his lie liberty or property
except by the judgment OF his peers and with the night
OF confronting the witnesses Under the law the test
mony upon which party was adiudged slave was
exparte, and there was in fact no trial at all.
AT this stage, Mr.. Rantou on account of the ardu-
Gus and long continued abors of the day. asked for an
adjournment, and after some discussion in relation to
the part to be taken by Mr. Lorng The closing counsel
on that sde the commissioner adjourned the court un
til halt past eight this morning.
AS Col Thomas, counsel for the claimant, has the