The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-09-05

To TIE EDIToRs or THE ALBANy ARGUS
Many exaggerated aud false reports of the pro-
ceedngs which took place before the u. >. Go a.
missioner ut Buffalo, the examin Ition Of Daniel.
claimed TO be fugitive from service, having been
published, deem II due to the public aud 10 my
self to state what actually occurred, the points
raised by the counsel and the decisions made by me.
Daniel was arrested on warrant issued by me,
and carried TO my Office, ON the 18th OF August.
lie was arrested in the rning, but was not ap-
priscd Of the fact Until nearly two sleek in the at
ternoon, when imm ediatey went to the Office. and
found Daniel In the custody OF the U. :. Marshal
and his ass stants. DANIEL had been wounded by
blow the head at the time Of his arrest, ap
peared; but his wound had been dressed, and his
head was bsuDd ABOUND With n bandage. At the
suggestion Of the Mayor OF the city, of the Marshal
and Of the sheriff, ] adjourned the hearing Of the
case to the Court House There was dease and
somewhat excited crowd about the building they
surrounded and followed the carriage in W 1ich
Daniel was placed, and. on arriving ut the Court
House, they immediately filled the court room, the
halls and the street in front. Daniel having been
seated within the bar, told him t. stand up, ex-
planned to him on what process aud charge he had
been arrested, and inquired whether he had any
counfel
Mr.. John L. Taleott, who sat by Daniel, rose and
stated that he appeared as counsel for him. Mr..
). G.. Hawley was associated with Mr.. Talcott.
MIR. II. A. Foster and MIR. Bowen appeared for
the claimant.
At this stage Of the proceedings, the counsel for
Daniel made 90 motion for postpone ment, either
physical condition Of their client. IL postpone
ment had been necessary, this the time to
for IT, before the claimant had ntr ,duccd the proofs
on which he intended 10 rely
The Gaze proceeded. The claimants counsel
offered in evidence transcript Of u record of the
county court Of Jefferson county, In the State Of
Kentucky, made up under, and IN pursuance Of the
tenth section Of the act VI Congress, passed Septem-
Der ID, 1850, in reference to fugi,ves from justice
and pcrsons cscsvng from the service Of their mas
ters-provng the fact that Daniel owed service Ia
Kentucky, and had escaped thence.
The counsel for Daniel objected o the introduc-
ton Of this transcript of the record in evidence, on
the ground that the seal Of the ATTACHED to the
record was not impressed ON wax or any other ad.
htsire substance, bst was stamped on the paper IT.
self That IL was not q seal ut common law, and
could not be recognized Ia this state; aud they re-
lied TO support this petition, on the case of Colt
and others vs.. Milliken. DEMO, 1916
The commissioner overruled the objection, do
Gliding that he was acting under law OF Congress,
which declared that the transcript Of the record
should be authenticated "by the attestation Of the
clek and Of the seal Of the said court" That this
did not require a seal ne defined ut common law;
that the states had right to regulate Tor them
selves what the seals Of their should be- this
State had done 50, and provided that impression
on the paper should be as valid aud efiectual seal
as one ON wax; and that IL was matter OF history
that in most of the states the reals OF the courts
were impressed directly on paper, and not on wax
That the transcript offered ~ss properly authent-
Gated, and might I've read 10 evidence.
On this point the COMMISSIONER refers the pre-