The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-10

slave, ill this morning
THOMAS Z sIAaMs
mark
COMMONWEALTH OF MASSACHUSETTS,
SUsFoLK, Subscribed and sworn 10 by said Slmms,
| before me- s. Il SEWALl,
Arm a, 1851. Justice OF the Peace
Mr. Ranoul then stated that the counsel for the de.
fence denial OF the night OF the claimant 10 the deY-
cry Of the prisoner under this process would rely upon
the following points
That the power which the commissioner is called upon
IN this procedure TO exercise IS judicial power, and
one that could be lawfully exercised only by Judge OF
the United States court duly appointed, and that The
missioner is not such Judge.
That The procedure is suit between the claimant and
The captive involving an alleged right oil property one
hand and The right OF personal liberty the other, and
that either party therefore Is entitled 10 trial By juy
and that the law which purpors 10 authorize the delivery
OF the captive TO the claimant, denying hun the privilege
of such trial, and which he here claims under judicial
process, is unconstitutional aud void
That the transcript OF testimony taken before the
mag stra.e Of State court in Georgia, and OF the udg
ment theeupon by such magistrate, rs incompetent evil
denceCongress having power 10 confer upon State
courts magistrates judicial authority determine con
cusiyely or otherwise upon the effect OF evidence
used in suit pending or to be tried IN another State
before another tribunal
That such evidence is further incompetent, the cap
tive represented at the taking thereof, and had
no opportunity for crosse Examination
That the statute under which this process is Instituted
is unconstitutional and void is not within The powers
given Congress by the constitution, and opposed to
the express provision thereof.
commissioner to decide was, whether Thomas Smms
did service and labor alleged in the complaint.
and whether the prisoner that person. The points
stated by the counsel the other side all related, he
viewed them, the consuonality OF the law and not
TO the question at issue before the commissioner
The commissioner stated that he felt that 1t was his
Duty il the counsel for the defence desired and insisted
upon it, to hear them upon the points stated.
Mr. Rantou 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 until
Thursday next would be granted.
Mr. Thomas objected TO long adelay, as longer than
necessary and account Of the great expense to the
pates and said that the constituonaity Of the law
not TO be argued here that sufficient had been made
out to authorize the commissioner under the act to
mand the prisoner unless the defence prepared by
evidence TO change the state of the
The commissioner said he was informed that the city
had on duty at the present time hundred men-a
force which they considered necessary TO keep the peace
and decided that under all the circumstances of the
taking into consideration the fact that the defence had
testimony to put in to the facts, and that by The evil
dence already adduced prina face had been made
out by the climan-he should postpone further hear
ing only until Monday next, at IL o'clock, which de-
lay he thought would afford sufficient time to the counsel
10 prepare their Arguments.
The court then adjourned until Monday next, at IL
o'clock, m. ..