The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-13

ne honoi wnen l. B. Gurus esq appeared in behalf OF
the marshall and read the return and also the orders from
the commissioners court Tor the remandng of the prs-
oner from time 10 time TO the custody OF the marshal
ne was desired BY the marshal to state that two parties
held an interest IN this Cause.-The United States and Mas
sachusetls
The marshal was advised by counsel that his return
was not transferable.
Mr.. Sumner wished for delay for the purpose of col
Letting evidence Of the unreasonabeness OF the delay by
the marshal IN bringing Simms before the commissioner
Judge Woodbury. finally consented to an adjournment
until o'clock this afternoon, aud ordered the marshal to
the prisoner IN custody, and then TO be broug be-
fore him.
The mayor sent request to the commandant at the
vyyard 10 assist in the escort OF Simns day with
force OF one hundred and fifty men, and he signihed
MS intention to comply with the request.
DESPATCH.
Surrender of Snms 10 the Claimant
BosToN April 1.-THE court came ia al 8 o'clock, and
proceeded to give decision
The commissioner said he here to decide great
question OF law his conscientious convictions of the
truth. The first argument was that commissioner had
no right to decide this case, inasmuch he was not
clothed with judicial powers. He admitted fully that
claim OF this sort came under the judicial power OF the
United States; and the question was whether or not Con-
gress had provided proper acts empowering commissioners
10 exercise any such powers By act OF 1912 there
an authorization OF commissioners 10 act udiciay to a
certain extent and II was quite thing for them
70 arrest examine, and imprson offending seamen and
others, holding them in prison until finally tried THIS
was degree OF judicial power.
| The rendition OF slaves escaped from State to
another was OF the same natuIcas the rendition OF fug
tves from usticeony the to his owner and the
other to State All that came before the magistrate be-
fore whom the prisoner arragned simply the
question OF removal. II ascerained, and had been
upon that the act OF Congress OF 1850 authorized
commissioners 10 issue certificate for removal of fugi.
tive slaves, on finding evidence that the claim OF the
| owner is sustained.
The liberty of the party was not in final consultation
here therefore. the ground assumed by counsel for the
prisoner that question OF property, the prisoner
entitled to trial BY jlry here, was untenable
Tha
and then took careful review OF the evidence, and said
there was doubt in his mind that the claim of the
agent OF MIR. Potter was well founded in fact, and
said
~ deem Tiny duty to giant certificate for his removal
back 10 Gaofga. there fore do grant it,
Thefuguve Sinims was then taken from the court.
room, under the direction of the marshal Much excite
ment exists al the courthouse.
THIRD DESPATCH.
The Fugitive Del,Dered up By Judge Woodbury-Great
| EI.uement- Cheers for Webster and the Constitution
BosTok. April 1l-o, p. nudge Woodbury. this at.
ternoon decided to deliver up the fugitive Smms TO the
There was much applause in cour. the announce
ment OF the decision and also when the Judge, reply
empba,icay, " thank God that Massachusetts is still
State OF the Union and long she such, shall adj
minister the laws OF the Union, perish in the attempt,
crowd OF about one thousand persons followed the
souihern witnesses against Simms 10 their hotel night
They were accompanied by large police force They
received cheers. g1oan.. and Kisses cry for three
4
sponded 10 in a glorious manner.
few negroes seemed the only dsturben of the peace
II is stated that Simms has been bought for 81 800
by citizens OF this city, but this is doubtless not the
case.
FOURTH DESPATCH
Proceedings Of the Legislature in the Fugitive Case.
BosTos, April IL The committee appointed by the
senate 10 inv esgae the conduct OF the sheriff and other
officers relative TO serving The upon Simms met
this morning The sheriff testified that the marshal re.
fused TO allow the warrant TO be served except by force
GoI
maintaining order and not IN guarding Snms, and that
the military had been called upon TO assis in preserving
peace He refused TO answer when asked II the latter
were to Escort Simms TO the
In ihehouse this morning, Mr. Curtis OF Boston, moved
that the judiciary committee inquire whether the
ate 10 appointing the n Investigating committee had not
Mr. Gushing sustained the motion, and il is still under
discussion when this despatch is closed,
TITrH DESPATCH.
Further Account of he Proceedings before Judge Wood
twy-M~shai 1uk>y' Sfaismeniio me Ssnse-7as
| Excitement, &c.
BosroS, April l1-l2. p m.-The habes, corpus case
came up before Judge Woodbury. this afternoon. The
same discussion as heretofore arose. Mr.. Thomas
claimed that il his right 10 appear solely counsel
for Smms, holding, he did the certificate from the
commissioner demanding Smms to his master. as Simms
Stood regards his master in the situation Of ward
4 Mr.. Sewa replied that that might be law in slave
States, but not in Massachusetts.
Judge Woodbury. asked Mr.. Sewall IL Massachusetts
was no, State OF the Union which recognised the ns
4
sachusetts still State OF the Union lGreat APP
pause the The marshal called loudly for
order.1
Mr. Sumner then argued the at length, and Mr.
Curtis rejoined
Judge Woodbury. then proceeded to give his opinion.
He decided that the legal and that the mar
sha acted properly in refusing 10 give up the fugitive on
writ for sabbing the officer; and, taking the ccnm-
stances that surrounded him into alton, he was
justified in the course he had pursued. The offence
charged certainly serious one. striking At the root
Of all society. II is resistance TO law and should the
officer fail TO prosecute IL, he would be highly culpabe.
especially at this time, when resistance to law and
saus upon its officers freely counseled in certain
quarters He concluded by remandng Simms to the Gus
tody OF The marshal
The usual affidavit. that he fears rescue has been
made by the agent Of the claimant and probably such
force will be detailed, OF police military, &c, TO carry
Smms out OF the State, will render attempt at
rescue impossible.
Marshal Turkey, in his examination before the invest
eating committee OF the senate this afternoon, said
sway excepting in the general order to preserve peace
think IL my duty thereby prisoner conveyed be-
yond the line OF the State think our presence VIII pre-
vent man from being killed My men have weapons
such as hrearms or knives Last night wo put away all
weapons In a sale place. ..r ###I
my men, however, have drilled with arms loaned then
by the United States marshal don't think VI III
be needed 500 1000 persons have volunteered
three hundred tuckmen, company OF fremen, besides
hants, bank directors tradesnen, mechanics, and
many wealthy and gentlemen have offered their
services understood that number OF counuyrnen, OK
cited by namna appeals, coming TO town this
morning armed with pitchforks NC, and bad my men
postsd ready to arrest them wherever found"
There have been q number OF nfiammatory speeches
od. ~ d.v The nneenr of the abolltouista nj the