The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-04-17
THE BOSTON FUGITIVE SLAVE CASE.

the Administration will be as prompt in catch
ing them as fugitive slaves.
TIE BOSTON FUGITIVE SLAVE CASE.
Investigation before Judge Woodbury. Argument
of COunsel-writ of Habeas Corpus Granted &c.
BosToN, April IL, NJ.
The excitement growing out of the Sims fugi-
tive case has somewhat subsidized The officers Of
the law, however, are prepared for any emer-
gency.
Last evening, another attempt was made to take
the alleged fugitive Sims from the custody of the
United States Marshal by an application to Judge
Levi Woodbury., of the United States Supreme
Court. The application was made by Messrs
Charles Sumner, Richard H. Dana, jr, and Sam
uel E. Sewall A chamber court was held at s
O'Clock by Judge Woodbury., in the United States
Court room, and the parties applying were heard
in argument in support of the petition.
Mr.. Sumner introduced the following affidavit
Of Thomas Sims, and argued that his Honor was
authorized 10 this to issue to the Marshal the
writ Of habeds corpus TO bring the prisoner before
him The deposition Of Thomas Sims is as fol-
lows:
81, Thomas Sims, of Savannah, Ga, now In
confinement in Boston, on oath, do testify and
T"v ,hst ! helieye the warrant from CemHi~riaarS
Hallett, on which am how arrested was not is-
sued for the real purpose Of having me tried but
for the fraudulent purpose of assisting the Mar
shall in sending me to Georgia, as a fugitive from
service, and to prevent me from obtaining jury
trial in regard to the claim ! made for my free
dom.
al believe the said warrant to be trick against
my freedom. THOMAS SIMS"
Commonwealth Of Massachusetts, Suffolk, SIS.
Apra TO- lS5l.-Subscribed and sworn to before
me, (Sigued) J.E SEwELL,
Justice of the Peace.
His Honor Judge Woodbury. said he could not
90 into the question of what the real reason of the
delay was. Such delay rs had occurred might be
with perfect reason on different accouuts-but it
was competent to ascertain, now, whether the war
rant was valid or not He should issue a writ of
habeas corpus, and order release from the Mar
shall forthwith but whether or not he was to be
discharged fully was quite another thing-a ques-
ton of law and justice.
Accordingly, the prisoner Sims was brought be-
fore his Honor, when D. B. Curry, Esq, appeared
in behalf Of the Marshal and read the return and
also the orders of the Commissioners Court for
the remsnding of the prisoner from time to time
to the custody of the Marshal He was desired
by the Marshal to state that two parties held an
interest in this case, the United States and Mas
sachusetts.
The Marshal was advised by counsel that his
return was not transferable.
Mr.. Sumner wished for delay for the purpose
Of collecting evidence of the unreasonableness of
the delay by the Marshal in bringing Sims
before the Commissioner for the offence charged
Judge Woodbury. finally consented TO an ad-
journment until O'clock this afternoon and or
dered the Marshal to keep the prisouer in custody
and then to be brought before him,
The Mayor sent request to the commandant
at the Navy Yard to assist in the escort of Sims
to-day, with force of one hundred and fifty men
and he signifed his intention to comply with the
request.
SECOND DISPATCH.
Surrender Of Sims to the Claimant.
BosroN, Apra H..
The Court came in at o'clock, and proceeded to
give decision.
The Commissioner said he was here TO decide a
great question of law on his conscientious convic.
tions of the truth. The first argument was that
a Commissioner had no right to decide this case,
inasmuch as he was not clothed with judicial pow
ers He admitted fully that claim of this sort
came under the judicial power Of the United
States; and the question was whether or not Con-
gress had provided proper acts empowering Com
missioners to exercise any Of such powers
BY the act of 1912 there was an authorization
Of Commissioners to act judicially to a certain
extent and it was quite common thing for
them TO arrest examine, and imprison offending
seamen and others, holding them to prison until
finally tried This was degree Of Judicial
power.
The rendition of slaves escaped from one State
to another was Of the same nature as the rendi-
ton of fugitves from justice, only the one was TO
his owner and the other to State All that came
before the magistrate before whom the prisoner
was araigned was simply the question of removal
In n faina cd md had aox al , hat
the act Of Congress of 1850 authorized Commits
sioners to issue certificate for removal of fugi-
tive slaves, on finding evidence that the claim of
the owner is sustained
The liberty Of the party was not in final con-
sultation here therefore the ground assumed by
counsel for the prisoner, that, as question of prop
erty the prisoner was entitled to trial by jury
here it was untenable.
The Commissioner reviewed the law--cted au-
thorities-and then took careful review Of the
evidence, and said there was no doubt in his mind
that the claim Of the agent Of Mr., Potter was well
founded in fact, and said
81 deem it my duty to grant certificate for
his removal back to Georgia. therefore do grant
itD
The fugitive, Sims, was then taken from the
courtroom under the direction Of the Marshal
Much excitement exists at the courthouse
THIRD DESPATCH.
The Fugitive delivered up by Judge Woodbury.
Great Excilement-Cheers for Webster and the
Constitution.
BosroS, Apra il, 9 p. M.
Judge w oodbury this afternoon decided TO deiv- |
er up the fugitive Sims to the United States Mar
shall.
There was much applause In court on the an |
nouncement of the decision, and also when the
Judge, in reply to observation Of the prisoners
counsel, exclaimed empbatically, Il thank God
that Massachusetts, is still State Of the Union,
and so long as she is such ! shall administer the
laws Of the Union or perish in the attempt
crowd Of about one thousand persons followed
the Southern witnesses against Sims TO their hotel
tonight. They were accompanied by large
police force. They received cheers, groans, and
Kisses. A cry for three cheers for Daniel Web
ster and the Constitution was responded to in
glorious manner.
IL is stated that Sims has been bought for
81 500 by citizens ofthis city but this Is doubtless
not the case
FOURTH DISPATCH.
Proceedings Of the Legislature In the Fugitive Cnse
Bosros, Apra IL, 1851. -
The committee appointed by the Senate to in
vestigate the conduct Of the sheriff and other oh-
GERS, relative to serving the warrant upon Sims,
met this morning The sheriff testified that the
marshal refused 10 allow the warrants to be served
except by force. The mayor testified that the
city police were employed in maintaining order,