Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-04-14
LATEST NEWS
BY LAST EVENINGS MAILS.
THE BOSTON FUGITIVE SLAVE CASE
THE SLAVE REMANDED.
Boston, April II

marshal by an application to Judge Levi Woodbury.,
OF the U. S; Supreme Court.
The application made by Messrs Charles sum-
ner, Richard Fl. Dana, Jr., and Samuel r. Sewal!.
A Chamber Court was held at o'clock. by Judge
Woodbury. in the L.. S. Court Room, and the parties
applying were heard in argument in support OF the Pc
tihon
His honor Judge Woodbury. said he should issue a
writ of habeas corpus and order release from the
marshal forthwith but whether or not he was to be dis
charged fully, quite another thng-it was ques-
ton of law and justice.
Accordingly, the prisoner ,Sims) was brought be-
fore his honor. when B. r. Curtiss Esq, appeared in
behalf of the Marshal and read the return, and also
the orders from the Commissioners Court, for the re-
manding OF the prisoner from time TO time from the
custody OF the marshal.
Mr. Sumner wished for delay for the purpose of COL
ectug evidence of the unreasonabeness of the delay
by the marshal in bringing Sims before the commission
er for the offence charged.
Judge Woodbury. suggested t'at he had consented
to come into chamber this evening the urgent solicit
taton OF he counsel Of Sims with the express stpula
ton that the matter would there be finally disposed of
He had told them that he would much prefer to have
them before him in Court, but they insisted.
His Honor observed that during the Crafts affair
application made to him in chamber for the issue
of process and he declined doing it, but advised
party to apply to him in Court.
The party did apply, and his Honor got the coun-
sci in in hearing to give way, and issued the
warrant g.
Mr.. Sumner still prayed for delay until Friday, P.
M. or Saturday morning
Judge Woodbury. finally consented to an adjourn
lnent until 3 o'clock this afternoon and ordered the
marshal to keep the prisoner in custody there to be
brought to him.
The adjournment took place at quarter past H.
THE FUGITIVE REMANDED.
The United States Commissioner, came in at
nine O'Clock to give his decision. He said the
hearing had been continued from day to day since
Friday last, and his decision was now to be made;
and as no Court had interposed to relieve him
from the responsibility, he should not shrink from
it. He was here to decide great question of
law on his Conscientious convictions of the truth
He should state his own convictions of the vari-
GUS questions which had been discussed.
The first was, that Commissioner had no right 10
decide this case, nasmuch as he not clothed with
Jud c ! rower lie admitted fully, that claim of this
sort under the judicial power OF the United States
at the question is whether or not Congress had pro-
vided proper act empowering the Commissioners to
exercise such powers. BY the act OF 1912. there
was authorizations OF Commissioners to ascertain the
extent, and it quite common thing tor them to
arrest, examine and imprison offending seamen and
Others, holding them in prison until finally tried. This
degree OF judicial power.
The counsel for the fugitive had contended that an
act OF restoration by the Commissioner here would in
evaby consgn the prisoner to perpetual slavery He
did not agree with The counsel fully this point. The
rendition of slaves from State to another OF the
nature the rendition of iugtves from justice;
Only the was to the owner and the other State.
All that before the magistrate before either prso
ners were arranged, was simply the question OF reno
val.
twas ascertained or passed upon whether the act
OF Congress OF 1850 authorised Commissioners to give
certificate Tor the removal on fiodne evidence that the
claim of the owner is sustained. The liberty Of the
party not in final consultation therefore. The
ground assumed by the counsel for the prisoner that as
question OF property the prisoner was entitled to q
trial by Jury here untenabe.
The Commissioner reviewed the law, cited authori-
ty, and then took careful review of the evidence and
said that there doubt 10 his mind that the claim
ofhe agent oil Mr.. Potter was we'll founded in fact and
sa ID, 81 deem my duty 10 grant certificate for his
removal back to Georgia, and therefore do grant it."
Mr.. Sewall arose and suggested to the Commission
er that the prisoner had question pending before
Judge Woodbury., which he desired now to pursue.
The Commissioner said, | have consulted with Judge
Woo bury this morning. ard he assured me the matter
had no relation 10 this The certificate have al
ready granted.
The fugitive Sims was then taken from the court
room under the direction OF the M arshal. -
JUDGE WOODBURY'S DECISION.
The court met at o'clock. Mr. Thomas claimed
that was his right to appear solely counsel for
Sims, holding as he did the Ger hca fr m the N
ssioner remanding Sims to his master, Sims now
stood as regarde his master in the situation kf ward.
M. Sewal replied that that might be law in slave
State but not in Massachu etts.
Judge Woodbury. asked sewall if Massachusetts
not State OF the Union which recognised the in
shtutio OF slavery. his part he thanked God that
Massachusetts was still State of the Union-and so
long she is UGH he should administer the laws of the
Union or perish in the attempt. Great applause in the
court room-Marshal called loudly to order)
Mr. Sumner then argued the case at length and Mr..
Curtis re0ined.
Judge Woodbury. then proceeded to give his opinion
he decided that the warrant was legal and that the
Marshal acted properly, and taking the circumstances
that surrounded him into consideration, he was justified
in the course he had pursued. The offence charged
certainly serious, striking at the root of all
cety aludnga to the resistance offered by Sims to the
oficer) 1t is resistance to law, and should the Off
Ger fail to prosecute it he would b. highly pabe, es
pecialy this lime, when resistance law and assaults
quarters. He concluded by remandng Sims to the
custody fthe 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, &C., to carry Sims
out OF the State as will render attempt at m-
possible.
After the decision of Judge Woodbury. that there
ground to interfere with the certificate of Mr.
Curtis remandlng Sims, preparations beg N to be made
+ convey him back.
The brig Acorn ID been hauled to the end of Long
Wharf, having been previously fitted up for extra
number of passengers. During the night Court House
Square was filled with a crowd, who collected in
knots discussing tire matter, and occasionally looking
at the officer there were number offemaes amongst
them.
The proceedings in and about the Court House were
closely watched by the Aboitioniss. At about three
o'clock detachnlents OF the City Watch to the number
of $50, armed with clubs and hooks brought into
the neighborhood of Court Square The police force
under Marshal Turkey, armed with short swords, as
sersbed in the Square, went through some evoutions,
and finally formed IN hollow square in front of the
side entrance to the Court House. When all was rea-
dy word was given TO the U. S. Marshal, and Sims
was brought down and placed in the centre of the
square. He appeared to ben good spirits, his limbs be-
ing free from irons handcas of any description The
procession was lead by the u S. Marshal aud his De-
putieS, followed by the armed police.
They proceeded through Cout and State streets, and
down Long Wharf, followed by about 100 Abolition
lists, among whom was the Rev. Mr. Cover. No at
tempt at violence was made. Mr.. Colyer, and other
persons in the crowd however, occasionally denounced
the proceedings aud called for the thunderbot Of hea
ven 70 he poured down upon them.
The procession reached the wharf the brig
found - be all ready with the steamer Hornet along
side, with her steam up Sims was taken Immediately
10 ihe cabin. The Aeon had tive cannon on board to
protect her from any assault on the passage The word
was given let go the lastenings and she was soon
under way
About thirty police officers accompanied the vessel
for thaG eta a1n 6 n 6