The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-07

left by him many years ago. with Morris Porter of sa
vannah who probably has them; that these free pa
pcrs were obtained in St Augustine by Eas father,
Spaniard lie further says that he knew hear,
Of such person James Potter, who know ciHis hin
us his slave, till this morning his
| COMMONWEALTH OF MASSACHUSETTS,
SUFFOLK, ss-Subscribed and sworn to by said Sir&
before me S. H. SEWALL,
Aprn 4, 1851. Justice Of Peace.
Mr. Rantou then stated the points Of defence to be n
The denial Of the right of the claimant to delivery
the prisoner under the will rely upon the follow
That the power which the commissioner called upon
In this procedure to exercise il judicial power
thst eonld be otherwise lawfully exercised only by
judge Of the United States Court duly appointed and
that NE commissioner Is not such judge.
That the procedure II suit between the claimant and
the captive involving alleged right property on one
hand and the right Of personal liberty the other
that either party, therefore, L. entitled to trial by
jury ard that the law which purpcrts authoriz,
the delivery of the captive TO the clumnt denying
him the privilege Of sueh trial and which he here
void.
That the transcript Of testimony taken before the ma
gitratcs Of State court in Georgia, and of the ui-
ment thercupon by such magistrates Is incompetent ev-
dcncei Congress having power to confer upon state
courts haeisraes Jadeial authority to determine,
eoncusively or otherwise upon the eScct Of evidence
be used IN suit pending Go W tried in another state
before another tribunal
That such evidence Il aIse incompetent, the eaptye
was not Represented at the taking thereof no
opportunity for nomination
That the statute under which this process instituted
Is unconstitutional and void H. not within the powers
given Ia Congress by the constitution and because is
opposed To- the express provision thereof
Mr.. Thomas thought the only question now for the
Commissioners TO decide whether Thomas Simrns
did owe service and labor alleged in IN. complaint
and whether the prisoner that person The poits
stated by the counsel the opposite side all related
rs he viewed them to the consttutionaty OF the law
and not to the question at issue before the Commits
The Commissioners stated that he felt that it his
duty II the counsel for the d fence desired aud Insisted
upon u TO hear them upon the points by them stated
Dir. Eaptoul 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
til Thur day next would be granted
MIR Thomas obi, cted TO long delay the grounds
Of its being a longer time than was s.ary aud the
great expense to the parties well rs 10 governmr ut
in IMPLYING large number of officers to maintain the
public peace.
stances of the taking into consideration the fact
that the defence had testimony To put in to the
facts. and that by the testimony already adduced
fma taie had been made 10y the governmen ut,
Ee should poetpone further hearing only until Monday
next at II o'clock NJ, which delay he thought. would
afford sufficient time to the counsel TO prepare their
gumsn
The Court then adjourned until Monday next at Il
O'Clock, NJ.
INCIDENTS.
After the crowd which gathered in Court square last
evening bad dispersed four or Ave who had been
lettering about the square throughout the day aud
ing continued to remain In the vicinity and about two
O'Clock this morning demanded admission Into the
where that corps quartered for the night. They
were told that there nothing for them to and
they had 70 business there at that late hour they had
letter retire. Ths the negroes refused to do and
tnucd to annoy the company. aud caused much ds-
turtancc that Capt Bradlee and Lieut. Col Boyd called
upon the watchmen who arrested and committed Of
the number, named Charles :. and Isaac H. Snowden,
upon whose persons found pitos with powder and
ball. and Large carving knife ground sharp both
edges with art.h, ial HIT around the blade
the hare These two coorcd men were brought before
the police court this morning for examination, when
and pf lam.
mtec appeared for the defendants.
Az early as O'Clock this morning few persons began
to gather round the Court House, and upon the side
walls opposite The numbers increased to two
three hundred by 10 o'clock but everything quiet
and orderly Coiyer, Parker Phillips, and others of the
abciitioni-ts who ooun-eiied ,lseting In tina
vicinity this morning for the purpose OF obructg the
execution of the laws in aud about the Court
House, but the masses who TO be there absent
The crowd composed mainly of the osier class with
here and there stranger from the country attracted TO
the spot by curiosity to know what going
Cutie number u colored persons present In the
crowd the most Of whom demeancd themselves in n quie
and orderly manner Two three let their feelings &c
the mastery their coed Judgment and INDUCED in
language the policemen duty which rendered il
ceseary To take them into custody, which quietly
done
IN o'clock everything around the Court Itouse
manned quiet. hundred or two persons were hanging
about the Court House on the side walks Te appeals
q the leading fanatics 20 the mob spirit have evidently
passSd unht cdCd.
Several idsposcd persons watched thi' morning FOR
the appearance in the street II the three gentlemen from
Georgia who witnesses Ia this and upon tn r
aching the vicinity uf the Court House, a nab
gathered aud surrounded them, evidently with the n;en
ton Of tauntng and annoying them for no worse pur
porr.
Officers nerercd nd the three strangers entered the
Court iouse without further moestation.
In srdingto this dcmonstraton OF gang Of row lice
81 the gentlemen rkcd that he did not believe
the mob composed Of citizens OF Boston, for they
didn I look Ike residents 0f this city.