New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-08


proceed strictly according the rules of evidence
and OF common law, that law and humanity pre-
sumiDg the party thus claimed to be afreemsn.
Mr.. w. then contended that neither the acts Of
the alleged owner or his declarations. or those OF
Long himself can be admitted as testimony from
one principal reason, that il was stated In evi.
dence that Henry had been the property Of Mr..
Anderson OF Virginia, that the estate had been
administered upon and an inventory recorded in
the County Court of the personal property. Of
which description Slaves are considered part.
AL the testimony presented has been but second
airy testimony, while the parties were bound to
produce first testimony, that is the records 10 show
that Henry had been held TO labor. Mr.. w. quot
ed auth critics to show that where secondary tes'
timony ia offered, and first or better can be pro-
duced it Ia not only invalid, bat the omission must
be held az adverse to the claim of the party.
Mr.. w contended that the testimony Of Has
kins Libby might have been presented, az he
was said to have been held to labor by them and
that various other parties Judging from the state
ments Of the claimants themselves. might have
been produced as first evidence, and which has
not been. He quoted testimony to show that
neither Of the witnesses testified 10 knowledge
OF his having actually been slave, or held to Ia
Dor within the meaning OF the Constitution and
act.
Mr.. w. then referred to the proof on the other
side TO show that Henry had been here three or
four years. and the Court will not discard proof as
a freeman into slavery merely because the wit
nesses were persons of color. They are the ones
to know him. and to have been in the habit Of
meeting with him, and they are the proper wit
nesses.
In his introduction Mr. w. stated that he had
been retained as counsel not by Henry, because
he had no money, but by those who from motives
of humanity and Justice wished to betriend HIM.
Mr.. W. alluded to the idea expressed by gentle
men on the other side of danger to the Union from
having causes fairly tried-he did not apprehend
any, nor would he, on the other hand, endeavor 20
prevent a person to whom service was legally due
obtaining possession of the party, but it must be
done according TO the rules OF evidence and OF law,
and he contended that in this case there was SUI
fcient evidence in ordinary case OF assumpst,
to establish the claim OF the party making it, but
that the proof and the assumption was the other
way, that nothing was shown that Henry was
held to service or labor in Virginia.
Mr. Wood, in behalf of the claimant then rose.
He read letter which he had received from
Georgia, from Union man, complaining at the
course taken at the North in regard TO the
subject of Slavery stating that there arc
100000 voters in Georgia, $4,000 OF whom are en-
rolled in behalf of the Union, but If they are de-
MED their rights under the Constitution thoy must
take other action. Mr.. Wood referred TO the fact
that at the time of the Constitution all the states
held slaves and had done so while Colonies Oh
Great Britain-not by any law, but by custom,
which became American common law, and so re-
sarded bv all the Union. Several Of the States
have since abolished Slavery, but they We're will
ing TO carry out the Constitution as regarded the
other States. 1t is only about fifteen years since
the Wilberforces and others in England, succeed
ed in abolishing Slavery in the British Colonies,
that many persons in this country found out that
it was a great sin to have slaves, and the effort
now, by the principle of higher law, is to break
down the system entirely. The feeling Is strong
est among the people OF New England at homo
and wherever else they may be located. They
celebrated Justly, the merits OF their pilgrim
fathers and the descendants of those pilgrims,
and yet those pilgrim fathers held slaves. Mr..
w. paid q compliment generally to the New Eng
land character. The Jealous friends of abolition
might look at the Scriptures to show THAI Slavery
has existed in all ages. The system, perhaps, 10
an evil, but so is an absolute monarchy, and yet
we are not going to fight windms to get the
world rid of them. Mr. w. made some severe
remarks as to over zeal, &c
In ausion to the remarks of Mr. Jay, at the
opening as to the stringent laws in relation to
free persons of color at the South MIR. w. said
those measures had become necessary from the
fact that books, papers and pictures calculated to
stir up the Slaves against their masters had been
sent by those free colored persons, and the regu.
lation was to prevent on the part Of the owners
the threats of their wives and children being cut,
that had caused it. He also referred to the fact
of the defense in Philadelphia being successful
and of the honor of the Southerner recently In
sending the man back. :,
On the merits he commended that sufficient had
been shown to prove Henry to be slave
witness knew that he was born siave-that his
mother was a slave-and it was shown that he
had been in possession of the claimant as a slave.
and view the case in that light, as ordinary pro-
perty, possession is good proof in law unless the
contrary is shown Mr.. W. contended that the
witnesses for defense were mistaken as to time,
but even if they were not, and the mistake as to
time is the side of the claimant, still the proof
is positive that he was held as a slave, and that
the claimant, therefore, is entitled 10 him
Mr. w. concluded by strong appeal of the ne
cessity of faithfully carrying out the law, and
thought if it is not carried out the Union will be
dissolved.
Mr. Wood, in his remark as to the testimony.
referred to Mr.. Tappan, and other gentlemen who
have taken an interest in the defense, but thought
them over.zeaous &c.
The Court adjourned to IL o'clock this tore-
noon.