Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-01-07
From the n. York Journal OF Commerce J
THE FUGITIVE SLAVE CASE.

on oaluuay 81 tho civ prison. where the I. States
Marshal had placed Long for sae Keeping i an;,
bring Henry Long before the "ule"e S'"' ~
~hen was gd slave was in court for nearly two hours
waiting for the case 10 DO heard Nj jay, "lo ~, tho
Ti, moved The to dismiss H. on ihe ou , ~, 49,,
WIN hd Ircadv ssued writ in the case icurnaoe on Inc
| 9th OF January next. 49,, ;, ., Ina Dismissed
Tho teoner of the city prison applied 10 mo c0u' " M
. 80 ms,ody The man is, or in "ha relation diu me-
the keeper the prison. stand ID 'e ,; j.; which the
Inc 'uueI ~ ,h,t Of assistant the l. ). Marshal
But all the court had TO say was, 'i i W" ;a ~ ~
the same custody before inc WIZ h States Norsbos
The man was then brought back 10 '''e - 'e'
once II $. COMMISSIONERS OFFICE
The Commissioned was about 10 p'o'. o,; n d,s
-; han Mr. Western served him win noiice OF u.s.
nallol Mae ~ ,ocesd;nrs on the part of the claimant
Counsel for the alleged slave then demanded as le
missioner should grant tho cerinc,'e -. '''' man
an T ', ssioner said am ready 10 proceed IN me
hearing of this case and TO give or DENY, ms
ahaii he SATISFACTORY or otherwise mo certnc"'e
s'i' VI mn If This proceeding before me Is discon-
tnued by the claimant of course nave no an coa
over it, and that ends the hearing u II % '"' 90
'e'Isu s CIRCUIT CouRTJsdgs Jud'On presiding;
Mr. Western informed the Court that he had an apPllca
ton 10 make in relation 10 the iugi'vc snVe aiea i
Iong who owed labor 10 John T. smith oil virginia anu
os M he him "a his slave Mr. Western then rend an
affidavit us TO the ownership OF the save ana 'a Nc ~
escaped into New York He also read an nlanv INA.
'' IN ,6cse naiJovs Mr. Western moved for warrant TO
milo tho ALLEGED into custody and bring him before inc
Court. -, , and rho al
legged slave brought before Judge 'aason. ". Hall -
The Court directed the District Attorney Mr fiaii' ~
e,amne The affidavit the power of attorney and warrant,
and see If they in perfect compliance WIN c ','
The Dis,ric Attorney examined the documents ana m
formed the Court they were IN strict conformity VIII"
The Court on the request of Mr. Jay DELAYED proceeding
ul,.,. n ff.r
had elapscd Mr. Jaw returned and saidfour honor ma
mpossbIc to attend here Immediately rs the case IS no"
before Commissioner Hall on motion to DISMISS 'e pro-
ceedngs We deny his right 10 do So without our peIhis
sion. Mr. Smith produced testimony 10 snow hat Lons
was his slave and that testimony has been repudia'eu p
several other witnesses. The case was ADJOURNED uht
o'clock this day and We then told the Marshal had
no, brought the before the Commissioner a motion
was then made dismiss the proceedings ~ch oPposu'
and was addressing the Commissioner on 'la nooh "he
tho cose was brought before This Court trust that your
Honor will nsk stay here while the case IS before
the Commissioner. The claimant chose ms comssione''
and after nearly week spent IN pNanlnihs 'e care,
and when they found that against theH then hey
a,emp, 10 dismiss the proceedings and commence 'he'
anew. IT. however the motion below sha prevail '"c" W.
must get the discharge OF Henry Long. -, ,.;
Mr. George Wood of counsel for the claimant sad ms
is indeed very strange proceeding week mas afenut
been consumed In the trial which the act says
mus, be summary But every Of objection has been
raised and every preence csord To- IN order 10 cause ueay
and prevent the being heard upon lis merits aoeus
Corpus after Haboas Corpus has been procured mo Io'
has been adjourned and every possible impeachment raised TO
get rid of the merits of the Among other grounds Ia
Ken was that the Commissioner had jurisdiction in the
because he was not regularly appointed By tho Court:
that he only appointed deputy clerk md therefore IL
appointment OF him BY the Court ont only py
the Clerk Of the Court After week has been wasted
without touching the merits OF the CAPE We conciuded 10
get rid of the Habeas Copuses and the inererenccs OIL me
State tribunals In case which exclusively belongs 10 ,he
IT, States tribunals under The Act Of congress anu 10 give
the man and his counsel every opportunity 10 BRING on he
case on it's nerits We therefore, brought 1t before this
Court and BY doing so though, get rid OF any further
Hicuif RIM m
DELAY and that the gentleman at the other sdc IS 3aseu
there will be decision in his favor How he has discover
ed that eeaand, therefore, want the case not 10
20 on Wa went before tho Commissioner Win me nios
desire have the fully heard before him. and
then they procured another writ and commenced new pro-
ceedngs Ii is the first time have ever heard at party
can't discontinue n suit that they do discontinue
it, II final end Of the proceeding When he makes mis-
take rrocures wrong process or W'shss 20 os ms aoe
before Court where il will encounter dicliles, he
most assupdy can discontinue the proceeding he bepan and
others Do theec wish TO have the case tried
on its merits Why testimony on their side Is
preponderane and the rase SO very clear ha must enc
in their favor But, no. they want 10 stop L. and hold II
over with Habeas Corpus until the nth OF January ana
thus hang Up TING proceedings a. oss % me- ossDy ca'
This surely il denial OF lGs,ee,ioI decay - denial oil
Justice In this 1hr claimant coTeh hundreds u mics
IN This civ aH instead 81 his being fairly heard and
summariy determined the act o. Honeess pfoVoes nc
meets every mpedmen and every DELI: whch can DC eau
sed him and he uds s supported ami hei I'D ~ a'
men, who back this fugitive not on the sTi's 81 me
but by throwing every difficulty they devise IN 'e way OF
claimant with their hghcr law" authority, IN nrdef una
they may down both The Constitution and Inc INV o
the land Their proceedings sPeak too plainly MOI 10 ne
seen through by every Let Them come Zero WIN he
testimony and shall meet H. and ii tho man IS really Tree
and he is fugitive from labor wo shall gvo every op
poriunity 10 prove II, But do nope mat efe VIII oe NJ
| further delay in the matter
Mr.. western then read cnr,licas ;To;a tho commission
that the proceedings were discontinue before MN
and again contended that the party had no rght 10 dscon
tnue the proceedings Much had been said about The num-
Der Of abeas corpuses aorD ased than at first
intended but wished 10 bring the Case before another
court in order the consuionay OF The act and the
validity of Mr.. Halls appointment.
Mr. Western eaid that in no stage Of the case had ne
shown any disposition hafshy unnecessarily hurry IL
on and he would now the Court consented LEI II remain
nent as favor from the Court He anxious 10 give
them every opportunity 10 establish the mans eea"n and
wished it, But he hoped tina, tomorrow there would be no
habeas corpuses motions or any otef EXCUSES iof
postponing il any longer.
Nj. Wood-I mink it would be better have the ques-
tlon 10 rsh Of proceeding settled now
The Judge sad-So far tho ac.a have been stated TO
me- there be difficulty TO this court proceeding
with tho The statement OF the claimant and his hold
nr evidence that the had been Discontinued before the
afforded the court sufficient ground 10 pro-
coed on And will ~i,h1-t reference 10 newspaper or
other influence give ample time for the lriai nave also ia
ken the liberty writing brother Belts 10 slt with du
ring the trial But he will take no part In H. VIII take
all tho responsibility upon myself Will now adjourn the
case o'clock Tomorrow. Mr. Marshall take charge OF
| the man.
back Tombs into the custody Of tmid State officer
this court with the Marshal in the discharge OF his duty
| The Court then dlournei.
| u $. DISTRICT COURT.-TrEspAy DEC. 81.
JrpoE JupsoS PRESIDING.
Mr. White said felt constrained this stage Of the pro-
ceedings submit motion for the discharge Of this man,
on the ground Of an improper arrest.
The Court suggested that il would be boor 10 wait Tor
Mr. Wood
Mr. Jay read an affidavit which he intended 10 found
his notion The affidavit stated the circumstances of the
mans original arrest the proceedings before the Commits
,fa IhaD
was still pending before tho Commissioner.
Mr. W sstern said that this question brought before
the Court and decided yesterday and he supposed that such
decision was fna
The Court sad-the proceedings Of yesterday cant be
misunderstood Counsel before The Court, and said
that the proceedings before the Commissioner st pon
ding. That statement however, conadicted and eT
dencs given that before the Commissioner
and discontinued before tha made BY
this court then decided, will now, that the proceed
ings discontinued From being thirty years at the
Bar and fourteen years Tho Bench can say that
pending before tribunal may be discontinued and the
only question in this caseis whether discontinued
And being satisfied that point, will review IT,
| The affidavit will therefore not be received.
Mr.. jay wish your Honor point of fact
Court will receive IT, rofuss receive the atfda
Wit on the ground that quest has already been decid