The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-09-02

opinions founded upon differences height breadth
orengh or depth hardly perceptibs to ordinary eyes,
especially whsn the opinions Of the former are corro-
borated By the reputation and action of than weny
Year,; and the matter to be decided by personal in
specuon cannot resist the conviction that the faint
Of the African contaminstes the blood the def niant
held therefore that the first propo tiop ths part
has African blood in his veins and is sus
ceptble Of being n slave. The next qus.ton, he
born Of slave mother, and therefore is, in fact,
slave The evidence Of this that he has been held
as slave and dealt with slave. aud transferred as
slave for period Of than twenty years. from the
time he eleven twelve years old together with
fact that he has African blood in his veas and is there
fore, capable Of being slave.
lift had not been FIRST proved tina. he had African
blood In his Veins matter how long he had bsen held
in bondage or upon how many records he may have
been written down slave by how many bills Of sale he
may have been transferred 1t would not have advanced
the claimants single step towards establishing his
vtude; it further appears that he from Virginia
where vast proportion Of his slaves aud
had been kidnapped forciby frsuduently convey
ed from that State knowing himself to be free, he
must have known, such has been the fact is t. to be
supposed that he would not at time during the Pc
Rod of twenty years. have made his wrongs known, at
least in murmur and complaints! But the fact being
must hold In accordance with well established rules of
law that evidence of undsputed claim and possession
for more than twenty years proof OF lawful Title
in other words that be born Of race OF slaves and
the lineal heir in the material line OF the unhappy
fate CT his ancestors.
The two first propositions on the part of the claimants
being established the third not the subject of contro
versy; for 1t Is conceded all hands that il he Is the
slave orproperty OF any body he belongs to the claim
ants, and escaped from their service.
1t appearing to my mind therefore, that satisfactory
proof has been made that the said John Bodng does
in fact service labor to the claimants in this
escaped feel bound to grant to the claimants the cer
fcate provided by the act thereby auth sng them to
take and remove him back to the State of South Caro-
lBa.
But let no man suppose that this judgment is final
decree Of the defendant into state of slavery for
that the certificate granted consgus him to bondage
of any kind duration whatever Ia nisrepresent alton
or misconstruction Of the law Whether the defendaut
Is freeman slave, Is to be adjudicAtsi by ADLER
and wiser and older heads than mine and the language
Of the act carefully worded to preclude such idea
II expressly declares that the certii,ate shalt be
clusiye not that the defendant is slave but It's
very language, hal be conclusive Of the right of the
persons n whose granted to remove such fugitive
to the State or Territory from which he ESCAPED -
When therefore the claimants by virtue of the cert-
cate granted shall have removed this defendant TO
the state OF South Carolina, 1t will have performed
functions The moment the defendant is removed
TO the State OF South Carolina the certificate
an empty scroll In the hands Of the claimants inpart
ing authority to hold the defendant in their Gus
tody or possession and if they continue hold him,
they 90 II upon their personal responsibility when the
defendant lis removed to the State of South Ca-on a
he should desire to return to the State of New York
ard Is, in fact, freeman, he do co. and this
tifcste nterpose barrier to his progress or IL
be thinks proper he may challenge the right Of the
claimants, summon them into court of justice aud
call upon them to prove that he Is slave aud no
count in South Carolina will impose upon him the
Of proving that be is free; TIE eases cited by
tie counsel for the defendant shog concluSyev that
justice and humanity not the exclusive property Of
the states OF the North; and If those virtues
exist where slavery prevails 1t follows that they of
but vtTy recent origin In the State Of New York.
kr Culver and said that this rnornn received
ateegTdphic despatch from Buf io informing him that
Judge Conkn had decided ia favor of Dtniel claimed
IS fugitive slave, AID which decided Satur
day The decion In favor Of the claimed ia yitive, NJ
c. aid was owing to the insuicency OF ths evidences
and he asked the Commissioner in the present case 10
withhold the certificate until they could tr case be-
fle Of the United states Judges he ar c. did
em the evidence oucsd the par, of the ella
at all sufficient 10 establish thei. claim
hf. Commissioner Nslsoa said he would like to have
his decision revised by ablsr aud older person than
himself but as the defendant his counsel could
show good Cor Withholding the papers fon toe
plaintiffs, whose claims had been tally established he felt
himself bound TO grant the certificate t
demanded. lie said that il they could effect an ar
rangemtrt with the plaintiffs their counsel to delay
the carrying IN Of the until the opinion o. one "
be judges could BE- obtained he quite satisfied; bat
as the the stood he should carry out bis decision
Counsel for the plaintiff So cd that the cerc aye
demanded Immediately. IL was acc JrdBg.y granted,
and John Box ing taken OF to South Caroina at
o'clock yesterday afternoon the bon e properly Of
Barnett Anderson Ills abolition friends have failed
to raise the 81 20
After the Hdournmen. Of the court the crowd sspa-
rated pesceaby and there disposition eyinced 10
the prisoner