The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-04-07

"a - Semae roster' OF Cnntoam county, Usorgia,
sisgsd owner Of the said Sims.
Col. seth J. Thomas appeared - counsel for Mr.
beecon. and G. u. Loring, Robert Rantoul, jr.,
and g. =: scwall, as counsel for Sims.
Alter the complaint and warrant thereon had
been read, Col. Thomas proposed TO put in the au
thcnticated documentary evidence brought ON by
Mr. Beacon. according to the provisions Of the Flu
Tho counsel for Sims objected to proceeding with
the hearing the ground that they had had no OPP
portunity Of converting with Sims, and ascertain
loved, if time were allowed he should be able to
show that Sims free by the laws Of Georgia. az
he IL by the laws of Massachusetts,. The counsel
said. however, that they had no objection to the
reading of the Georgia papers, de bsns ssss.
Colonel Thomas insisted upon his right 70 pro-
seed with the case on the complainant's side by
putting in the proofs. alNSM
The commissioner said the law required the pro-
ceedngs to be summary, which he understood to
mean that they were to be conducted with a. much
expedition was compatible with regular judicial
proceedings. The object OF the requirement. pro-
baby was, that . claimant should not be unneces-
sarily detained in prosecuting his claim, and there
by be put to largo expense But whenever legal
and proper grounds for delay were shown, il would
be granted in this AZ in any other judicial pro-
ceeding. He saw ne reason why the claimants
proofs should not be put in forthwith and If the do
fence wero not prepared to go into the cros:.ex-
animation 1t could be deferred until all the written
and oral testimony had been put in by the other
| side.
Col. Thomas now proceeded to the power of at
| torney given to Mr. Beacon BY James Potter, and
the Authorization thereof Next the dispositions of
John Williamson, Adam Short, Edward Fender
CAST, and NJ Sheftall, jr., all Of Chatham county,
Georgia, describing Sims, and declaring that they
had long known him as tho property of James
Potter planter, of said county, and that be sscap-
| ed in February last.
Covering these affidavits was the prescribed GER
tihcate Of Henry R. Jackson, Judge of the superior
court Of the eastern district of the State of Geor-
| ga. He certfes that the said Potter, "having by
such witnesses thoroughly and satisfactorily made
out said ownership of said slave and said escape,
and having also proved by said witnesses the gene
raj description Of the said slave with such conve-
nient certainty might be-" he causes the neces-
sary papers for the reclamation of Sims to be made
out, authenticated and furnished to the said Pot
i ter, provided by the statute.
The counsel for tho defence gave notice that they
had weghty objections to offer at the proper time
to the legal efficiency Of the authorization of tho
power Of attorney, the dispositions, and other GER
| The oral testimony was commenced by calling
Edward Burnett, who testified that he belonged to
Savannah; that he knew Sims there; had known
him some ten months, and that his name
Thomas SIMS had worked the scaffold
with him at bricklaying some months; worked
with him last August and September; had, while
working with him, asked him whether he was a
slave or free. He said he was slave. and belong
| ed to James Potter ce-planter. Mr.. Potter lived
some ten or twelve miles out from Savannah. Wit
ness knew Sms's mother and sisters; they had told
| him they were slaves Of MIR. Potter Sims had said
he had to pay wages to his master; it was 80 q
month, or thsreabouts. Witness knows Mr. Pot
| ter personally.
agent and attorney of Potter, and he testified
| follows: know the prisoner the property of
James Potter. have known him ten years He
lived the larger part Of that time with his mother.
lived within sixty or seventy rods of them. His
mother received his wages, and paid them over to
Mr.. Potter. She did SO with the wages of all tho
children. The arrangement was made for her
benefit. have been present at his mothers when
Sims has accounted to Mr.. Potter for his wages
Have been present when Mr.. Potter has demanded
the payment Of SiIhs's wages of his mother. Sims
went off in wagon. After he had gone his mo-
Their told me that II found him, whether it was in
slave State free State. to bring him back, for
God 's sake
Colonel Thomas said he had another witness, but
for the present would rest the case for the COM
plainant here.
The commissioner inquired of the counsel for the
defence If they were prepared to go into the cross
examination.
Mr.. sewall replied in the negative, and asked for
postponement till Tuesday
Colonel Thomas strongly objected to such long
delay.
Mr.. Sewall said that, not having had an oppor-
tuniy to consult with the prisoner, they did not
know what his defence
Mr.. Rantoul said they had experience under
the law. Tho most important points rising under
it had not been discussed here elsewhere, to his
knowledge. 1t was novel in its general character,
and complicated in its provision, and could not be
thoroughly considered in less time than had been
suggested by his associate. Each link in the
chain of the naturalization Of the papers would
have to be infinitely examined and tested by the
established rules Of law applicable to such ques-
tons.
The commissioner said that he saw such great
difficulty in the way, there being three very emil
nent counsel engaged in the defence.
Mr. Rantoul replied that the number of counsel
was not favorable to despatch in consultation al
though it might impart greater degree of conf
dencc in the conclusion as to the law, which they
H.
the court.
Mr.. Loring said he had no learning expert
enco in such law rs the one under which the pro-
ceedings were being had.
The commissioner said he was disposed to give
the council sufficient time. He could only gather.
from what had been said by them, that they did not
yet know what tho prisoners defence was. That
was the only ground which he had heard suggest
ed that he could judicially act upon, and he
thought twenty four hours would be sufficient to
ascertain the nature Of the defence. Ne wished II
to be understood that he considered the inquiring
into the grounds Of defence by the counsel to be =
distinct matter from preparing to argue the de-
fence. When the hearing should have reached
that point, and time should be asked for such pre-
paration, he would then take the question Of fur
Their delay into consideration.
After some further conversation of an explana- |
tory nature, the commissioner postponed the fur |
Their hearing of the until ten O'Clock this FORE
noon.
Sims was now remanded to the room in the |
court house which he occupied on Thursday night |
under the direction oft the United States Marshal.
WRIr OF HApEAs CoRPus DEMONSTRATING |
the hearing before the commissioner, Mr.. Scwall |
went before the supreme judicial court, where |
Chief Justice Shaw, and Justices Metcalf, Fletcher
and Bigelow were hearing arguments, and pre-
sented petition for writ of habeas corpus in be- |
half of Sims. The petition set forth the facts, and
stated the process by which the United States Mar
shall held Sims in custody, and the law under |
which he protested to act.
After comforting with the other members of the |
tl,ah fha chi If IN h
stance:
eve have always made it rule not to grant
writ of habeas corpus when it 10 apparent, from
the petition presented, that If the prisoner were
brought before should have to remand him |
again into the hands Of those who hold him. Such |
is the with this petition 1t sets out the grounds
of the alleged holding in custody, and they are
sufficient. II is not in jurisdiction to try the
nueatou xhcther not he IL a f1Uitixa from Labor