New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-09-01

| Mr Wool sad he wished to show there MS god
ceal of uncertainty abou. All this matter
IT. Snnk recalled The strata IN which people
| I've for Il long Tine Will change their skeletons
e" so that We are getting Ike Indians" said Mr.
Wood
WINES 50 that W. are getting hike Indians
NJ Ho.s. ~ 4 doubtful tone That " n~w fact.
Rgi J. Grrnrcn sworn Reside IN Washington
have had general observation OF the races did not
see John tall this morning passed several days IN
Milwaukee with Indians also saw other Indians.
and >tndled Others &c. would suppose John To b.
Indian saw Mr. Fooie. coachman AZ Washington,
Mo Is said 10 Re hslfbro.her OF tAe Senator were
John BY the side Of the member eject from Madison
an lnCianl would suppose nm to ne ms oroihe'
II any person fully asserted there was African blood
| IN HIM | would credit Il.
Nr. Wood called attention OF witness 10 very
oack man IN 'he gallery. apparently OF pure African
blood. Witness supposed there might De Indian IN
him rom his high cheek bone
The witness Was called down. Mr.. Wood said ne
wished To >hew how uncertain were the EXAMINATIONS,
anc called the attention Of the Commissioner 10 the
high cheek hone. The witness afterward said he
would readily believe there Indian blood HIM.
Mr.. Upton then recalled the black man. whom he
had previously called N contrast
Ny Wells. sworn.-From examination should pro
nource HIM an Indian. There may be an sdmIXiure,
but the Indian preC0mlnatet.
L,trs Bur'Ish-Scen 4 good deal Of the Indians.
Would suppose John 10 be an Indian.
Several questions were asked of the Witnesses and
answered as to appearance, Sc, when the defense
rested.
Belong to Columbia, :. {. Know John. Attended,
n Columbia. his wife III was said ne had wife m
Columbia or her mother Believe hrs wife there Is
stIll living He does no, differ IN appearance from
many others there Think he Is part Indian and part
African. He appears 10 have more Of ,he African IN
his lace than Otherwise
Cross-eraminsd-Do not know ANYTHING TO the
law OF the South IN regard to marriages OF slaves
know white ministers marry them believe they
generally Go not marry them unless they haye per
mt from their masters John lived with this woman
arN nm 4ar AShN QS IA | A.
tended at the house John was there have known
HIM ever since he and | were boys have no doubt
there is some white blood IN John. also African
blood DO not profess 20 know the distinctions OF
races a. 10 appearance.
MI Wood then read an affidavit Of James G.. Bar
nett, that he authorizes Mr.. Anderson IN making the
clam. and what Mr. Anderson said was tue
Nj Upton objected 10 It ~ not having been made
previous TO examination. The Commissioner SAID
under The law Il was not necessary ios affidavit or
warrant at all.
Nr linton demurred 70 the idea, but Mr. Wood,
and agreed to by the Court, thought the matter ought
10 be reserved 10 the argument.
Mr. Wood said they would here rest.
Dr. B0afurrghf. re- allied by Mr.. CuVer-Do not
know of John having been married only know she
llyed IN the house with her mother. As John dld
they had 10 children there MAS a White man also
lived IN the house.
The witness was asked If 1t not common for
slaves 10 live together tor time and then form new
connections. The witness answered, that frequent
ly they were very constant TO each other particular
IN
church TO which they belong to separate No minis
ter viii marry them again after that.
The testimony rested on both sides. Nh. Wood
then commended that sufficient has been shown 70
prove the claim OF MesSrS. Barnett and Anderson.
under the Fugitive Slave law. to the possession OF
Boiling, which was denied 10y Mr. Upton, and arsn'
ment proceeded IN
shown 10 require proof rs 10 whether or not the
mother Of Boding Was slave He quoted among
other cases, Hltchlns act Nash, IN Wheeers iiea-
tise of the law of slavery. Also, a case from Mar
TINS Louisiana Reports &c lie addressed the
Court for some time and contended that a case had
not been made out, by which Bolding could be sent
INTO bondage.
Mr. Wood. IN reply. coniended that the proof was
sufficient Bolding has been shown TO have been
held for twenty years The slave of the gentleman
who sold HIM To the claimant 1t was also SHOWN
that he brought hun from Virginia, a slave state.
The law Of Congress uhe Fugitive Slave Law,) OF
1880 only requires that the party claimed shall have
been hedto service and escaped INTO another state
&c If Boldng l. entitled to ms freedom he can
claim 1t IN South Carolina, when he goes BACK the
laws OF the South giving opportunity ~ that eneet.
II 1t had been shown, without doubt. that there IL
no African blood IN Boldng, but that he Is white OF
Indian then the proof to his mother being slave,
would be necessary, but the weight OF testimony Is
different IN the present case. Mr. alluded IN
somewhat severe terms, as Ia AbohllonistS, AMI
rather uolcued the ideas as 10 phfenolOgy ana
physiology. &c He contended that the Commis-
sloner Is bound to desyer Bodlng to the claimant
Mr.. Culver, IN few words IN explanation SAID
mat the fngNNt SliNt law, NUts, uc >dlu' -
mass of absurditIes, changed the language OF the
Constitutions making II TO read "a person held ~
labor" While bhe Constitution says " person ot"ing
labor under he laws Of the state from when ne
comes, &c
mir. C.. IN opening. an the early part OF the pro-
ceedngs SAID II doubtful, after claimant gets
"A certificate here as to ownership, whether the laws
al the South Will not consider that hnal ana even
hey DO not what chance is there Al the South Tor
colored man 10 assert his freedom what means has
he and who would dare 10 90 there and assist nm,
let tim be ever so much entitled 10 II, IN obtaining
ms freedom In regard 10 the term IN the Constltu-
ton, owing service" We nave the authority OF MI
Madison himself that It not intended 10 refer 10
slaves the term Slavery beng FIRST put IN and struck
out Mr. {. made other remarks)
Mr. Wood sad a few words III reply to MI Cut
yer's closing remarks, and the case WAS concluded
Decision on Monday