Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1851-04-18
The Boston Fue,t,ve C....

eiuec ! ne omccrs OF the law, however are prepa
fed TOT any emergency should rescue be attempted
Last evening" another attempt was made to take
the alleged fugitive, Sims, from the CUSTODY of the
United States Marshal by an application to Jpdce
Levi Woodbury., of the U. S. Supreme Court T5o
application was made by Messrs Charles Summer
Richard FL Dana, Jr, and Samuel Z. SewalI ~
chamber court was held at o'clock by JUDGE Wood
bury in the United States Court Room and the no
ties applying were heard in argument in support Of
the petition. -
Mr.. Dana addressed some preliminary remarks To
his Honor, IN relation to the grounds of the petition
and was followed by an argument by Mr. Sumner
in support of the captive Sims He alleged that be
had been for some DAYS held in custody: that the
commissioner had caused to be issued process A.
galnst HIM tor resisting and assaultng officer Bate.
man, while IN the service of legal process by which
ne complained was contrary to his rights.
The United States Marshal though requested bv,
the petitioners counsel had failed to bring him (the
petltioner) before the Commissioner, Halett named
in the warrant
The prisoner had desired hearing in the case
and suggested that the said warrant was null and
void Mr. Sumner held that the proof of the Mar
shal showed no jurisdiction, and was therefore in,
valid and void. The commissioner was an inferior
magistrate of this court and could take no iursdic
ton of the offence
1t did not appear from the process that Asa O..
Bateman was an officer of the United States duly au-
thorlsed to serve process; therefore the warrant
was nugatory and void. The warrant was issued on.
oath, and it was equally necessary that the mapis
trate should have jurisdiction of the offence.
The warrant required the prisoner to be brought
before the magistrate forthwith, but he had not Vet
tody. 80
MIR. Sumner introduced the following affidavit of
Thomas Sims, and argued that his Honor was an
thorlsed IN this to issue to the Marshal the writ
OF habeas corpus to bring the prisoner before HIM
he deposition OF Thomas Sims is as follows
Of
IN Boston on OATH do testify and that believe war
but for the fraudulent purpose assisting the Marshal in
sending me to Georgia. fugitive from service and to
me from obtaining jury trial in regard to the claim
dom believe the said warrant to be trick against my
Co",nonTealth of Massachusetts, Suffolk S. AprT 10,
lS5l-Subseribed and sworn to before me-
olgned, j. E. SEwELL, Justice of the Peace.
His Honor, Judge Woodbury. said he could not 90
into the question of what the real reason of the de-
lay was. Such delay as had occurred might be with
perfect reason on different accounts-but it was
competent to ascertain, now, whether the warrant
was valid or not. He should issue writ of babeas
corpus, and order release from the Marshal forth
with but whether or not he to be discharged
fully was quite another thing-a question of law and
justice.
Accordingly, the prisoner Sims was brought be-
fore his Honor, when D. B. Curry ESD appeared in
behalf of the Marshal and read the return and also
of the prisoner from time to time to the
custody OF the Marshal. He desired by the Mar
shall to state that two parties held interest in this
case, the United States and Massachusetts,
The Marshal was advised by counsel that his re-
turn was not transferable
Mr. Sumner wished for delay for the purpose of
collecting evidence of the unreasonableness of the
delay by the Marshal in bringing Sims before the
Commissioner for the offence charged.
Judge Woodbury. finally consented to an adjourn
nntII n olo
Marshal to keep the prisoner in custody, and then
to be brought before him
The Mayor sent a request to the commandment at
the Navy Yard to assist in the escort of Sims to-day
with force Of one hundred and fifty men, and he
signifed his intention to comply with the request
SECOND DISPATCH.
Surrender of Sims to the Claimant
BosToN April 1l.--The court came in at o'clock
and proceeded to give decision.
The Commissioner said he was here to decide
great question of law his conscientious convictions
Of the truth. The first argument was that Com
missioner had right to decide this case inasmuch
Is he was not clothed with judicial powers He ad-
nitted fully that claim of this sort came under the
Judicial power of the United States and the ques-
ION was whether or not Congress had provided
proper acts empowering Commissioners to exercise
my of such powers By act of 1912 there was an
authorization of Commissioners to act judcially to
certain extent. and it was quite Il common thing
or them to arrest examine, and imprison offending
eamen ana others, holding them in prison until
inally tried. This was degree of judicial power
The rendition of slaves escaped from one State to
mother was of the same nature the rendition of
ugitives from justice only the was to his owner
md the other to a State. All that came before the
magistrate before whom the prisoner was arragned,
vas simply the question of removal 1t was ascer-
aimed, and had been passed upon, that the act Of
congress, of 1850 authorized Commissioners to issue
certificate for removal of fugitive slaves on finding
violence that the claim of the owner is sustained
The liberty of the party was not in final consulta-
ion here, therefore the ground assumed by counsel
or the prisoner, that, question of property the
prisoner was entitled to trial by jury-here it was
The Commissioner reviewed the law--citcd au-
horitiesand then took careful review of the evil
enee, and said there no doubt in his mind that
he claim of the agent of Mr. Potter was we'll found
d in fact, and said,
I" | deem it my duty to grant certificate for his
emoval back to Georgia therefore do grant it."
The fugitive, Sims then taken from the court
Dom under the direction of the Marshal. Much ex-
itement exists at the courthouse
THIRD DISPATCH.
The Fugitive delivered up by Judge Woodbury.
Great Ercitemeat-C Cheers for Webster and the
Constitution.
BosroN, April II, 9 P Nudge Woodbury. this
fternoon decided to deliver up the fugitive Sims to
he U. S. Marshal.
There was much applause in court ON the an
ouncement of the decision, and also when the Judge,
reply to an observation of prisoners counsel ex-
laimed, emphatically, . thank God that Massa-
husetts is still State of the Union, and so long as
he is such, shall administer the laws Of the Union
r perish in the attempt"
A crowd Of about one thousand persons followed
ne Southern witnesses against Sims to their hotel