The republic., 1851-02-19
From the Boston Commonwealth th-E1tro.
SUMMARY PROCEEDINGS.
MASSACHUSETTS SAFE YET!
THE HIGHER LAW STILL REsPECTED'
THE KIDNAPPERS AT FAULT.
TRUE ACCOUNT OF THE PROCEEDINGS
IN THE CASE OF THE ALLEGED
FUGITIVE SLAVE, sHADRACK
SIMS, ARRESTED AT THE
CoRNHILL COFFEE
HOUSE, AND
HIS r. IS G. u T. y!
IN OBEDIENCE TO THE HIGHER LAW.
HIS RES Ell!
"Let the star -spanglcd banner continue to wave
Der one land OF the free and one home OF the
brave,'

hired kidnapper of Norfolk, Virginia. named.
John Cuphart, caine to this city last week, with
papers prepared in Virginia, claiming man called
Shadrack the slave of John Debrce. OF Noriolk,a
purser in the United States navy. he aPphed 10
Hon. GEORGE T. Curtis, esq, United States Com
missioner for q warrant to arrest the alleged fugl-
tive, under the late peace making and Union
ccmcnting Fugitive Slave law, and 1t was granted.
In the absence OF Marshal Dcvcns. VINO mas not ye'
returned from Washington, whittier he went to
answer q complaint against him for his delinquency
in regard to the aforesaid law, the warrant was
placed in the hands of Deputy Marshal Patrick
Riley for execution.
This Riley is bail for Hughes and Knight, in the
cases now pending against them on behalf Of Craft
and his wife. and il is supposed that, In hope OF
recommending himself to notice at asnlngtoh IN
case Mr. Devcns should be turned out, he yolun-
teercd on this service At all events, the glow OF
Joy on his face and the infinite pomposity oi his
manner during the time that Shadrack remained
in his power would serve to show that nc had some
special personal interest in the matter.
The warrant served yesterday morning at
the Cornhill coffec-hous late Iafts, Marshai
Riley and an ex- constable known oy she name ol
"Auger hole Byrnes'' going there on Prctencc OF
getting breakfast and, while the alleged Shadrack
unsuspectingly waiting on them, he was seized
as the property of U. s. Purscr Debree, and hur
ricd to the court room, without even time to put oil
his walters apron. Like man, he declared that,
whatever might be the decree Of the court, he
would not be carried to Virginia with breath in his
body.
the Crafts case, appeared as counse for the claim
ant. S. +. Scwall, esq., Ellis Gray Loring, esq
Charles G. Davis, esq Charles List, esq.,, Richard
II. Dana, csq, and Robert H. Morris, esq, Voiun-
teered for the defendant.
The counsel for the defence, after conerring with
the prisoner stated that they needed time To pre-
pare for the defence.
Thomas declared that he was ready, and, as the
proceedings were to be summary, he urged that
the hearing should proceed at once. Mr.. Sewaii
replied that the very circumstance that the ciam-
ant was ready, and had been preparing ior days,
perhaps for weeks, while the defendant had been
snatched up but few minutes before from about
his daily business, without any notice at all, was in
itself ample reason for delay; Mr. Commssloner
Curtis, with all the gravity Of judge OF the Sd
preme Court, expressed his opinion that summary
proceedings could not mean proceedings without
giving the defendant any chance to defend himself;
and he decided to allow time for that purpose till
Tuesday morning next.
The counsel for tho defendant then requested TO
see the papers, which were read accordingly for
their information, and afterwards delivered into
their hands.
These documents consisted Of petition of Cup
hart to Hon. George Il. Curtis, esq, setting forth
that he the agent of Dcbrec the owner of Shad-
rack, who escaped from him in Norfolk, Va, May
3, 1850; letter of attorney, signed by Debrec on
the ist Of February, 1851, with the seal OF Richard
H. Baker, judge OF the circuit court OF the city OF
Norfolk. certified by the clerk OF the court,
John Williams; a paper in which Judge Baker
certified that John Debrec appears bsiorc him and
states the escape of his slave Shadrack, and gives
his title; deposition, in which Wiiiam Robertson
testified that he knew Sha airaclc foriherly be-
longing to Mrs. Hutchins, that he was afterwards
sold at shcrifrs sale to John Higgins and that Hig
gins sold him to Debrec. lie had heard Shadract
speak OF Debrec his master. He was thirty years
old Another deposition OF John II. Higgins pre-
tends to establish his selling to Debrec.
In another deposition William Marcus tcstihes
that he saw Shadrack in Boston, who said he had
run away from MIR. Debrce, and asked him TO car
ry a letter for him TO Virginia
Thereupon r. ii. Baker, judge, as a!oI esaid, adj
Judges that Shadrack held TO service as slave OF
Debree, and gives grsuai description oil him
applicable to a hundred mon in Boston, as we'll as
to the one arrested. There certificate Of the
clerk to Bakers being judge, receipt from ilig
gins, SC. The papers were prepared with great
brmality and care, but the counsel for the defend
ant were by no means prepared to admit their le-
gality or validity.
After the reading of the documents The commits