Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-04-15


I'asst'" upon which he may grant warrant ?0ra rec
e oo lar ,s the law gues the ilant can do iosin
ahf under The certificate which he cannot do without
Mc lie Is not oasrucct and resisted Tie certificate
' "ohoh 10 ilrd ana interfering parties mat he Claim
Z nnt iS sh 10 take away fugitive; aud is like wal
J. court.
Incidentally Col Thomas referred 10 the of the Com
Il !'mw,a,H @ va Giii'h in supreme Judicial couI
g ~ 9S' healing upon tho cnnstituonality of the act
~ III giving The opinion Of the court, Chief Jnsc
Parker aai I'VE do perceive thai The statute
sutnonhi and We think THAI the defence Is well made OUT
% Amu %luhe The chle Justice remarked in reply to sng
s'Son oy one OF the associate udges the construction
no" given by Tho this statute had been adopted
eve, sinee ne n Federal Constitution into opsuton b.
Lowell and Davis justices OF the district court of the Unite
). States Pick. ~ vol. 2 PIP. 49, co.
Eoi hos opened on several other points such as lh
OF hacons power OF attorney, &C., which
mad been SO eaeoraey discussed by the other sde hut th
commissioner relieved him from arguing them at eng t
no vas clear IN relation 10 the matters conuyerted
- Jol d., Innas tnen reiterated his main points, follows
ond the Commissioner held with him that hcy covered th
whole case, 50 far MS he Ind Jurisdiction in 1t
mat the Constitution Of the United States wac In
10 enable the Shareholders to reclaim their fugitive
The act Of Congress of 1893 introduced 10 facI
tate snch reclamation and there Is essential difference
between that act and the Of 1850.
B. Tint the act Of rrcana ion Is simply extrnditlon. and
the proceedings here look further.
H. Congress has rightly conferred this power upon com
missoners.
Col Thomas In conclusion read severn authorities some
ol which had also been introduced by the other sde
on the application for writ OF habeao corpus fully
frmng his argument, no announced that ho had closed.
Mr.. Sewall now, with the view Of moving for pos pone
ment proposed TO put In the affidavit made by Sims and
read on Saturday.
Col Thomas expressed himself as much shocked that The
gentleman should have allowed Sims have ha
statement, ns he have known thu it wes nlse.
The Commissioner reminded Mr.. Sewa that Sims was
excluded by the stunterom tesying in the case and be-
yond That he felt it his duty frankly mr Sewal
hAt he could give The least particle of credit the ulo
v The statements in it utterly rreconcilabe with
the facts testified by the Witnesses nnd left entirely
controrertcd by the counsel for the defence.
Mr. Sewa proposed 10 put in ground TO-! post
ponenen tsleerupc despatch JUS, received by a DANA
ono OF the advising COUNSEL
The Commissioner said the defence had had ampa time 10
prepare and the prisoner had had full md fair hearing by
able and most eminent counsel and hs could listen
motion for p0slponeIneni.
| Mr. Sewa informed the Commissioner that he had
just been told by Sims thar the United States marshal had
hm Tor ros an as1u hn Iron omG @
about any snc process Iudiciay as complaint OF the
sort had been preferred before him.
The Commissioner said that he should have been pre-
pared give his decision forthwith 1t for the great
constitutional question which had been argued To prepare
with the proper commensurate with the importance of
the question: would require Time and II could not well
he done by Wednesday, and as the next day was Fast Day
would necessary adjourn till Friday morning
O'Clock; and he adjourned the court accordingly. ;,
BosT0N, APRtL IL.
Al 10 o'clock last night Judge Woodbury. In his chambers
heard application from Charles Sumner and other Free
Sples in favor Of writ Of habeas corpus In thu case of
Sims the ground that the issued by tho Commits
sioner hold him on the charge of assaulting the officer
with intent 10 kill, illegal Hc read an affidavit from
Sims declaring that the warrant by which no held was
a trick Judge Woodbury. granted the writ Marshal De-
brought Sims into Court this morning and made return
that he held HIN on the warran, as fugitive slave and upon
The warrant for assault but sufficient involving his
ocn! duty he had not brought him into Court for trial
the latter charge. The Counsel for the fugitive then asked
for further delay and the Court granted till O'clock ths al
t"gnonn. Sims then rclnanlei into custody OF th,
Marshal There is great crowd about the Courthouse, but
all il quiet.
atrI In
opinion sustaining the Fugitive Slave Law and granting
Sims master certificate OF ownership. The Marshal took
charge of Sins await the decision of the Court this after
| noon.
e committee appointed by the Senate investigate the
conduct of the Sheriff. and other officers relative TO serving
the warrant upon Sims met this morning The Sheriff
frd That the Marshal refused TO allow the warrants to be
served except bv force Tho Mayor testified that the City
Police employed in maintaining order und not guard
n9 Sims aud that the military had been called upon 10 aa
ist in preserving peace He refused to unswcr when nsked
il the la!Ier to escort Sims to the cars.
In the House ths morning, Mr.. Curtis Of Boston moved
the Judiciary Committee inquire whether the Senate had
violated the prvieges Of the House, in appointing the
Investigating Committee.
Mr. Gushing sustained the motion and It still under
discussion.
The habeas cor7us up before Judge Woodbury.
this afternoon The discussion heretofore arose.
Mr. Thomns claimed that il his rgh. 10 appear aoey az
counsel for Sims holding he did the certificate from The
Commissioned cmanding Sims to his master, as Sins n1"
stood ns regarded his 10 tho situa,iun Of ward Mr.
Scwal rcncd that that might be law in slave States but
in Massachusetts. Judge Woodbury. asked SewallN II Mas
sachusetts Slate OF the Union which recognised
the institution OF slavery For his part he thanked God
that aassachu.e. was still Stale Of The Union (Great
applause Court RoomNIarshal called loudly 10 nIe)-
Sumner then argued tho case at length and MI Curs re-
oue Judge Woodbury. then proceeded TO give MS opinion
lie decided thai the warrant was legal and that Inc Marsna
properly and taking the circumstances that surrounded
him into he was justified In the course he haf
pursed The offence charged certainly serious, one
striking nj the Of al society," ulludlng 10 the officer J.
II is resistance law, and should the officer fail to prose
cute it he would be highly cnpabc especially nt this time
when law and assaults upon its officers are 81
freely counseled in certain quarters. He concluded by re
io.::d;ng Sims to the custody OF the Marshal
The usual affidavit that he iears rescue has been mhdt
b the agent of the claimant md probably such force vii
he derard OF police military &c, 10 carry on. Out o, at
State will render attempt nj rescue inpossloe .lns
shal Ikey In his examination before the investigating COM
W ha Senate Ills afternoon sai "i have not been
ordered to nssis In nkng tho prisoner away e5cePt IN
the general order t" preserve peace rond hs linz my If hs
Sbl. think presence will prevent man from being
killed Nv men have weapons such as tro erins ~
\ knives Last night we put away nl weapons IN sale
! Iocs Nv men however have drilled with arms loaned
hem nv the United Sntes Marshal don't think weapon:
@ 10 needed rs some 1900 200O persons have volunteer
ed in preserving peace. One hundred and fifty cankes
hree hundred trcknien company Of remen besides me
chants Bank directors radesmen mechanics and many
wealthy and respeetabe gentlemen nave by
q oa,mmntorv appeals coming to town this morning
armed with ptchforks &c. and had my men posted euay
i 10 arrest them wherever found
-h. h,vc bcen number of innmmatory speeches mad.
d,v The meeting of the aboitionisls at the Tremon
Tnle To-day was rather tsme incendary speeches were
made The city tonight Is very much excited but not TN
", dsooston 10 resist the law is percepuble. In the Grove
II about the Court ousc scarcely negro can be seen IN
House to-day refused entertain the question OF privilege
red bv Mr. Curtis, their rights part OF the CRANE
nnucst Of State being nngcd by the appointment OF az
o Investigating committee by the Senate
Correspondence Of the Baltimore SUM-
( WAsAl&oroS, APRIL 9, 1851.
n Tie lIeruan Claim Commission Their Annrds Ettrn
: sion Of the Capitol, &c.
The board OF commissioners fnr the settlement OIL cihi
of American citizens against Mexico, under the treaty
uaaoupe tiidago will close their proceedings ny Eepo'
on the 18Th inst ,
learn from various that the amount OF hwatu
i will be within the Of three anda quarter Millions "G
by treaty. stipulated TO be paid in satisfaction vi VIZ
caims The awards have not been agreed upon IN al
but presume the board now form corfec'
: of the aggregate gum that will be awarded
The Commissioners have understood, ae l'nssltn
ously convinced that they have given full ana l
Grafton claims and have allowed all that was III ' 't
on justly due. ,,,, ,bsv a.,
Ii the hoard be correct, AMI il would setfh 'a, AZ ,
sustained in by the authority OF ~, n
III nnan. and the treaty making power of the Ghi'
3 would follow that owed Mexico much less sun W INV. INV
. ney than we went for. Some ol Inc gtie'o 60 m
: were urged against Mexico in the message OF =,