New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-09-02

wv NAKED id't VI 'psifit'"'N-
tea ' notning more than coAiihucd ON "5i
when s~s,her insufficient and inadequate piOOi.
Wa =. ,rther seems TO ue 10 De pfOPosI'Io.t
Ap, "a ~ the case referred 20, that no lehse" "
'eossson IS sufficient % es'a2sh ~. 20 1sc, ~
possesl sIoon ! cannot see how the nake1 lact VI
neg'o - anv geater evteure iha d ii4i -
losgPoo man Il IS that be i. an Engiishm@ o'
Frsnchn;di.. Adele q. Beaurard. Martin, 1871
10. r. defenlsut's counsel SIMPLY prove. 'ua' Pr
cIleo y IL, are presumed 10 be free, ana IN ofleI
sohs ,bsb clam to them . must appear thd' 'le.
hseI held a slaves proposition WIN" - i''
sODiTevei.s,, lad down the principles % laws which
he'se auplicahle 20 tle case, snail proceed -
leOnS..6era,on Of The eylaence on the pan Oh me
scoaants before they can enu.ie themselves 20 -h'
e .,as.,sl a,e " ich taey seek. go
e. "a.ons,der Il incumbent upon the claimant, -
ii.S SD Inc three following propositions
es,~S1s5S, ~, Jotn Boiling mas African blood III MS
J. IA a therefore c capable 81 being slave.
ven , TIA, he was oOIl Of slave mother, dn1 'hefe-
Gore u save ,. ,.-..-.,.- ~ ,b, cI,,n,-
y. and escaped rom thCT service.
AThe egIdeuce % Johns negro orlytn on the pa.
he claimants consists Of The tes mOny OF eieN
.en witnesses who have passed years, Or perhaps
@s,r@c lo Tie -n-st 90 S'ave-. Who profess 10 re
Sai AZ with the peculiar cnaTac'cfsAcs OF ga, ia,
10 .p5 win al the various don.Gifes 81 NJ Ooo-,
m Of whom testify. without nes.- -oh' ,"a' ~
.ee m the defendant the distinct trace % AIfsa
bIgAl
80 and .oo % them testify, mat "heh the}
T,c,, bfIo IA Columbia, When no toDh rs cAiS
of his taIr than he does now, .iit' IT. C''l'e ~,
more after ihc negro fashion tAan AZ t'v Ple>YSl'
,in,e that nom the ume hc was eleven or t"tHe
rears of age which IS d. far J.ck IS he has Oech
10 the trade, down 20 tn time oi ms e'ldPci a p,
nod OF about t~enty years ne mas DIe. ~ 'h
"a reported Of African descent, recOynI%t' a. ~.
a. I'D thought up with negroes. and hnally hVej
- ~ ,,iaifO girl as his VIE ana no pretenSe "
tnsslf or others, thai be aas ree rom ne AhiDdh
~, mas been heard OF down 10 ana uiiih the uhI
leI - arrest 10 rcDui ms evidence several
" .asse. axe called on the par, 81 The Defendant
nneor Pos tc-tiles that he believes MN 10 pe
tstbood lnCian, but does not UNDERTAKE 70 give IL
- his opnIOu that he bAS no African olOOl. M
az do the clergyman from POug1HsepSie, then tes-
maj knowing where ne came from, ne thought
~, he had African blood, Dui that aiier"ar1, upon
se,ing hIm the thOQgGt occurred 70 nm, that ne
nd have Indian bOOi pa hlm. Dr. smith expresses
49, ms opinion, founded upon scientific pTnclples
Mn,he * an Indian and white. without any admlX-
.,s q, The African. mr.. Fowler, a distinguished
.h,epologIst, lniers from ms physio2nomy ana de-
documents upon ms Uranium, that ne mas strong
s,Fs of he Indian. and that he has not more tnan
nao DO ,I,yen,lc'hs OF the African II any at all AR
crinneL a clergyman, Who proie So 10 Judge rom
-, sogpOny pronounce hlm iuu-Doo1el lhulhh
- alse doe. Air Bailey Mr.. Wells, another phre-
sooglst OF Distinction, cOncurs IN me testimony o
Ne haze then, three witnesses who give vt IS
,bsr oplnon. that me defendant mas no African
hood m ms veins--Dr smith, whose opinion IS
bsed upop scientific principles, md Mr. Grinnell
"a N, Bollev whose opinions are based upon on
ssratlens of the Indian race Out, so lar as dP-
,sars have 10 parI ocular experience IN the aoInlX-
f,ure Of race. either Indian or Negro.
Thai there Il a marked distinction ~ the phySlcd
contamination of the various races oil men, Is wei
ssshlsh.d by science, and dtcS;cd by every ones
observation BIT where the races are mixed ana
tsnded together. the marked characteristics OF each
become 80 shaded away or so many exceptions 10
~ q l.
AZ mon of science become too ShdioWy ana uhcrf-
,,in 70 be the foundation OF judicial action ANA
when two men OF mixed races are contfdsleu 10
sehcr II seems too much Tor Inan 70 say tndt one
ss none OF TOE blood of the other, because ms hedd
"A aiuae bigger or larger or DrOaier or because
the bump OF pmlOpTOgeniVoncs' Is smaller ana
Ina, of desIucuycncss larger. II would puZlIe lhe
most eminent phrcnoOglst 10 tell, with precise accu-
racy how much Undergraduates Is necessary
IN consl,uie "A negro, on how large must be the
bump Of destrucuvenoSs duly 10 qualify ana SET out
ali Indian. .
Hseep,s to me- therefore, that the testimony ot
men of mdgment VINO have spent Their lives III ddlly
contact with The various shades and mixtures OF ne
groeS and who say that m" defendant mas African
blood, because he resembles many whom they kho"
10 be OF the African race, is 10 be prclerrelto any
fancul opinions founded upOU dlHeTenceS In night
or breadth, ot length or depth, hardly perceptiOe 10
ordinary eyes. especially when the OPINION OF the
former Is couobOrated by the reputation ana actoh
OF more than twenty years and II the mdter j. 10 De
Cff'dtd DF PERSONAL inspection idtiiNi i'NlNA Wv
convection mat the talnt Ot the African cOnlannateS
he blood Of the defendant
hold, therefore, that the FIRST proposition on the
part of the claimant Is established ana mat the Ne
eAdent has African blood m his VEINS ana - conSe-
Qenlly susceptible OF being slave. The next
questOh--waS he born OF a slave mother, ndlhtie-
fore IL, IN fact. slave The evidence OF TINS Is
mai No has been held AS a slave. and dealt with aS
Save and transferred slave Tor period of more
than % years from the time he was II OF ~ years
together with the tact that ne has African blood IN
hs VEINS, aud Is. therefore, capable O beng slave
II # had not been first proved that he had African
blood IN his VEINS no matter how long ne ha1 been
held IN BONDAGE, or upon how many re- ordS he may
have been written down slave. or hv how many bulls
Of sale he mas have been transferred II would not
have advanced the claimants a single step toward
eslahlishug his >crYtude II further appears that he
came from Virginia where a vast proportion oi ms
race were slaves, and II he had been kidnapped, or
ioIcbly OF iraudulenty conveyed rom that state,
knowing himself TO be iTce, aS ne must nave known,
II such hal been the fact, is II 10 be supposed that he
would not at some time during the period OF twenty
years have made his wrongs known, Al leaS IN muir
mus ant complaints Bu, the fact being cStab-
hshed that he Is ~ a race capable OF oelng
slaves, must hold, n accordance with well es-
iabsShed rules Of law. thd, evidence of WdlSputed
claim and possession for more than twenty years Is
proof OF lawful TILE IN other woods, That he was
Dom OF dtact 81 slaves, and l. tdt nca hSr, IN the
maternal life, oi The unhappy idc Of his ancestors.
The Two hIst propositions On tnc part OF tle c9dn-
ants beng established, the lhiri not the subject Of
controversy for II Is conceded on al hands, that #
hNthe slave or property of ANY body, ne belongs 10
IRE claimants, and escaped from theu service.
happening 10 my mlnd, therefore. hat " satlSilc-
'or proof has been made that The sad John Bold
ing does IN fact owe service or labor" 10 The clam
ants IN tins case, IN the Sta,e OF south Carolina,
"heAce be escaped liee bound 10 grant 10 the claim
Se me certificate provided by iae act. thereby
nhof1Ig them 10 " Take ana remove" hum back 10
NE State of South Carolina
bW Lex no man suppose That his Judgment IS final
Neeee OF the defendant mtO STAKE ~ slavery for 10
ny hai the certificate granted ConSlgu> hm 10
stGase OF any KIND or duration whatever, Il ms
wYseNhdton or mise instruction OF the law.
"raet the defendant a freeman ar slave, IS TO
sSNldlcaied by ADLER, and wiser. ami older heads
~sa nSe and the language oi TIE act Is carefully
svsed 10 iseclade such Idea, tor X expressly de-
aN mat the certificate shah be conclusive. not
sA he defendant Is slave on, ~ use rs very IAN
s-Ne SHAH be conclusive q! the right 81 tue per
, sasm whose favor granted, - remove such fugitive
M" u State or Territory from which he escaped
"hen meieIoTe the claimants, ~ virtue ~ the GER
s'AW granted, shall have removed TINS defend
s.' me State OF SOUih Clrolna 70 viii have per
aneN Us functions. The moment ihc defendant Is
,.'uo'ea" 10 the state % souta Carolina. the Ger
5.ae oecomeS an empty scroll IN the hands OF the
A@a'htN lmlErtnC no authority 10 hold The defend