New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-09

drove so long; whose was the hotel in which ho
waited and who was the Captain OF the Wander
bilt in ls4s for whom he served; they would al
have been here.
This omission goes far to show that there may
have been a mistake as to the precise time when
Henry was first seen in New. York, and an honest
mistake too.
Thee is another remarkable omission which
chsracterizes the defense.
Are there two Henry Longs have heard OF
no such pretense and if there be but one Henry
Long, the question naturally presents Itself here.
Is this man now present the Henry Long OF Vr.
ginia or is he Henry Long OF New.Iork. And
If this latter why are not his parents his brothers,
his sisters, bis neighbors, his boyhood acquaint-
ances here TO identify him, instead OF John But.
Ter They would all rush 10 the Court room and
tell US that this man is the Henry Long Of New
York, and free This aspect OF the case
is one of singular Importance.
These considerations lead the Court TO the In
evitsbe conclusion that there is no real contra
diction arising out of the evidence of the case.
and that the two great questions Of fact involved
in the controversy, are maintained upon salts
factory proofs competent in law.
The consequence is that certificate IN con-
formity of the act of Congress be now issued BY
the Clerk of this Court for the surrender of Henry
Long as fugitive from service and labor.
During the reading OF bis written opinion, the
Judge offered various remarks. He said at the
adoption of the Constitution OF the U. 5. all the
then IL States held Slayes-it was not COM
promise between Free and Slave states. but
mutual contract by the whole. New.fork, with
some other States, has since seen tit 20 abolish
the system, which event occurred In this State, or
the limited time for its extinction, so late as lSs7
at which time there were great rejolcings on the
subject Had Slave, during that time escaped
into Virginia, he would have been delivered up to
the claimant in New.York. Virginia has seen ht
to continue the system, and is still entitled 70 tue
privileges of the Constitution. Shall New-fork
now say she will not carry out that compact and
refuse 10 give up tugitiyes from labor III she
does so decide, it is she that breaks the Consttu-
ton, and dissolves the compact, and not Virglnis
The latter has right to come in and claim iugi'
tives from labor, and ii Will be the duty of other
States to give them up, unless the Constitution
should to the contrary, be amended.
| came into existence, the Judge SAID, prior 10
the adoption of the Constitutioh-witnessed tne
assault upon it in lS0l-also In PhiladelPhls-
also under the embargo laws OF Massachusetts-
saw the assaults on the Constitution in lsl2-the
attack on it In 1905 by the traitor Burr-also that
of 1882, under what was called Southern Nullih-
cation and am happy to say, as all must thar
amid all these attacks the Constitution has car
red US gloriously through. By the aid OF the I'M
mortal Jackson the Country was saved in 1882
by the aid of the people trust the Country VIII
be saved from breach of the Constitution In tho
present emergency.
After the rendering of the opinion and the deci-
sion that Long be given up to the claimant, Dr.
P TO be carried back TO Virginia, and the certifi-
cate delivered, Mr.. Western, on behalf OF Dr.
p and sworn TO by latter, made an affidavit set
ting forth that great excitement exists, and be-
has reason TO apprehend that Long will be res
cued by force from his possession before he can
be taken beyond the limits of the State the mode
pointed out by the act and claiming the assist
ance of the U. s. Marshal.
Mr.. Jay stated to the Court that he did not see
the necessity Of the affidavit, or that there was
any cause to apprehend violence
The Judge said he concuued in the views Of
Mr.. Jay, as there has not been the slightest
manifestation Of any thing Of the kind throughout
the whole of the proceedings.
After the case had been disposed Of Judge Jud-
son remarked that his official duties in this district
would now cease. He turned to Judge Belts,
congratulated him his restor alton to health, and
handed him the papers. Judge Belts then re-
sumed the bench, paid a handsome tribute to
Judge J. whom he stated had been here three
months and dispatched great deal OF business.
After the retirement of Judge Judson, Mr.. j.
Prescott Hall, the U. 8. Dist. Attorney rose. and
addressed the Court expressing the high sense OF
respect entertained by the bar for the manner In
which Judge ]. has performed his official duties,
and also congratulating Judge b. on his resto-
ration to health
Resignation and appointment Of Clerk Judge
Belts then announced that J. w Metcalf, Clerk
of the District Court, having resigned the duties
of his office, George w. Morton. Esq who has
so long and ably performed the duties Of Deputy
Clerk be appointed in his stead and Mr.. N.
was accordingly sworn in. Mr.. Joseph Brigham
long and favorably known as Asst. Clerk, was
Afterwards appointedby Mr.. Morton Deputy Clerk
OF the Court.
Departure Of Long.-At o'clock yesterday sf.
ternoon, (he having been kept in the Msrshals Of.
fee till them Long was conveyed by the Marshal
and his officers to the New.Jersey Railroad and
placed on board, to be conveyed to Virginia. An
offer was made by gentlemen here to buy his
freedom of Dr. p. bat the latter stated that be was
not authorized to sell him.
SUIT against Mr. Hall, IT, s. Commissioner.--
1t lie said preparatory measures were taken to bring
an action for false imprisonment, &c. with view.
probably to test the constitutionality of the part
Of the law as to COMMISSIONER, on behalf of Long.
to Mr. II. so that suit cannot be brought