The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-04-14

fNesstsgsetoa ksfors Judge Woodbwry-.aygwmsmt Of
Ceusssci-Wrl Of Habsas Corpus Gron{ed &C.

growing out Of the Sims fugitive case has some
what subsidized. The officers Of the law, however
are prepared for any emergency, should rescue
be attempted.
Last evening, another attempt was made to
take the alleged fugitive, Sims, from The CUSTODY
Of the United States marshal by an application to
Judge Lew Woodbury., Of the u. s. Supreme
Court The application made by Messrs.
Charles Sumner, Richard III. Dana, jr., and Sam
uel E. Sewall. A chamber court was held at !
o'clock by Judge Woodbury., IN the United States
court room, and the parties applying were heard
in argument in support of the petition
MIR. Dana addressed some preliminary remarks
TO his honor in relation TO the grounds of the pc
tition, and was followed by an argument by Mr.
Sumner, in support of the captive Sims. He al
legged th at he had been for some days held in GUS
lody; that the commissioner had caused TO be is
sued a process against him for resisting and as
sauIting officer Bateman, while in the service of a
legal process by which he complained was con-
trary 10 his rights
The United States marshal, though requested
by the petitioners counsel had failed to bring him
(the petitioner) before the commissioner, Haett,
named in the warrant.
The prisoner had desired hearing in the case,
and suggested that the said warrant was null and
void. Mr.. SumDer held that the proof Of the mar
shal showed no jurisdiction, and was therefore in
valid and void. The commissioner was an infe-
risdiction the offence.
1t did not appear from the process that Asa o.
Bateman was an officer of the United States duly
authorized to serve process; therefore, the war
rant nugatory and void. The warrant was
issued on oath, and it was equally necessary that
the magistrate should have jurisdiction of the Of
fence.
The warrant required the prisoner to be brought
before the magistrate forthwith; but he had not
yet been, though he had been held several days
in custody.
Mr. Sumner introduced the following affidavit
of Thomas Sims, and argued that his honor was
authorized in this to issue to the marshal the
writ of habeas corpus TO bring the prisoner before
him. The deposition of Thomas Sims is as fol-
lows:-
81, Thomas Sims, Of Savannah, Ga, now in
confinement in Boston, on oath, do testify and
say that l believe the warrant from Commissioner
Hallett on which am now arrested, was not is
sued for the real purpose of having me tried, but
for the fraudulent purpose of assisting the mar
shall in sending me to Georgia, fugitive from
service, and to prevent me from obtaining jury
trial in regard to the claim made for my free
dom.
al believe the said warrant to be trick against
my freedom. Thomas SIMS"
Commonwealth Of Massachusetts, Suffolk, IS.
April 10, lS5l.-Subscribed and sworn TO before
me, Signed, j. E. SewELL,
4
His honor, Judge Woodbury., said he could
not go into the question Of what the real reason
of the delay was. Such delay as had occurred
might be with perfect reason on different accounts
but it was competent TO ascertain, now whether
the warrant was valid not. He should issue
writ Of habeas corpus, and order release from the
marshal forthwith but whether or not he was to
be discharged fully was quite another thirg-a
question oflaw and justice.
Accordingly, the prisoner Sims was brought
before his honor, when d. b. Curry, esq, APP
peared in behalf Of the marshal and read the
turn, and also the orders from the commissioners
court for the demanding Of the prisoner from time
to time to the custody of the marshal. He was
desired by the marshal to state that two parties
held an interest in this case the United States and
Massachusetts.
The marshal was advised by counsel that his
return not transferable.
Mr.. Sumner wished for delay for the purpose
of collecting evidence of the unreasonableness of
the delay by the marshal in bringing Sims before
the commissions for the offence charged
Judge Woodbury. finally consented to an ad
journment until 3 o'clock this afternoon, and
ordered the marshal to keep the prisoner in Gus
tody and then to be brought before him.
The mayor sent a request to the commandnnt
at the Navy Yard to assist in the escort Of Sims
to-day, with force Of one hundred and fifty
men, and he signifed his intention TO comply with
the request.
SECOND DISPATCH.
Surrender of Sims TO the Claimant.
BosroN, April 1.-THE court came in at 3
o'clock and proceeded to give decision.
The commissioner said he was here to decide
great question Of law his Conscientious con-
yctons of the truth The first argument was
that Il commissioner had no right to decide this
case, inasmuch as he was not clothed with judi
dcial powers. He admitted fully that claim Of
this sort under the judicial power of the
United States, and the question was, whether or
not Congress had provided proper acts empower
ing commissioners to exercise any of such pow
ers BY the act of 1912 there was an authorize
ton Of commissioners to act iudicIaly to GER
tain extent, and it was quite common thing for
them to arrest, examine, and imprison offending
seamen and others, holding them IN prison until
finally tried. This degree Of judicial power.
The rendition of slaves escaped from one State
to another Of the same nature the rendi
ton of fugitves from justice, only the one to
his owner and the other 10 a State. All that came
before the magistrate before whom the prisoner
was arraigned, was simply the question Of remov
al. 1t was ascer'ained and had been passed upon,
that the act Of Congress, Of 1850, authorized COM
mssioners to issue certificate for removal Of fu-
gtive slaves finding evidence that the claim of
the owner is sustained.
The liberty Of the party was not in final consul
counsel for the prisoner, that, as question Of
property, the prisoner entitled to trial by
jurv-here IT was untenable.
The commissioner reviewed the law-cited
thorties-and then took careful review Of the
evidence and said there no doubt in his mind
that the claim Of the agent of Mr.. Potter was well
founded in fact, and said,
81 deem il my d, ty to grant certificate for his
removal back TO Georgia. ] therefore do grant
it,"
The fugitive, Sims, was then taken from the
courtroom under he..!directon OF the marshal.
Much excitement exists at the courthouse.
THIRD DISPATCH.
The Hugitire delivered up by Judge Woodbury.
Great Ercitcmenf- Cheers for Webster and the
Constitution.
BosroS, April l1--9 p. m.--Judge Woodbury.
this afternoon decided to deliver up the fugitive
Sims to the United States marshal.
There was much applause in court on tn an
nouncement of the decision, and eso when the
Judge, in reply to an observation Of prisoner s
counsel, exclaimed, emphaticaly, al thank Sod
that Massachusetts is still State Of the Union,
and so long rs she is such, shall administer the
laws OF the Union or perish in the attempt
A crowd of about one thousand persons follow
ed q Southern Witnesses against Sims to their