The southern press., 1852-04-13
THE LATE SLAVE CASE.
From he.Ns,c York Tribune Wing, Horace Greeley
iphile man, editor, .4prtt 5.

iN WHHe man, edtt0fj .1prt D.
We have already commented on the extraordi
nary features attending the commencement q
the slave case decided in this city on Saturday
The circumstances attending its conclusion are
even more remarkable
The case was conducted before Hon. George
w. Morton, United States commissioner, and
we can truly say that more extraordinary ega
proceedings were never heard of in civilized
country. The duty of the commissioner, as he
himself stated it, was to satisfy himself whether
there was sufficient evidence to prove the mar
slave. The process consisted simply in hear
ing the testimony on one side only; in allowing
the witness on whose affidavit the arrest was
made, to refuse to answer on cross-examination
and to withhold all facts that may have been in
his knowledge bearing on the right of the pris.
oner to his freedom in declining to take any
measures to compel the attendance of an i'm
portant Witness for the defence in refusing to
hear tho evidence Of witnesses in attendance on
that side, although the respectable counsel de-
clared it TO be Of vital consequence; and in
finally deciding the case, and harrying the man
of into slavery with that evidence unheard and
-unconsidered.
This is plain and simple statement of the
matter, confirmed by the card of Messrs. Jay
and Culver, the counsel for the defence, which
we publish in another column.
Now, we ask, with all the calmness possible
in view of such facts, can a more outrageous
violation of every legal safeguard of Individual
liberty be conceived than this practiced by Mr..
Commissioner Morton? Does he regard the
right of man 10 his own soul and body as of
so little consequence that it may safely be an.
nulled in such manner as this? Does he expect
to be sustained by public opinion in deciding
cases where liberty is corcerned, without hear
ing the testimony in favor Of liberty Why, on
this principle, any obscure and friendless man in
the community may be sworn away into bond
age. 1t is the easiest thing in the world to
trump up testimony enough to accomplish such
speculation. An INSCRIPTIONS constable NAV
be found to seize the victim and immune him
10 some obscure lookup. A lawyer, equally
inscriptions, may be found to swear that he is
a slave. Thus he is handed over into the Gus
tody Of the United States marshal and his ar.
rest legalized. A witness is brought from Ala
bama or Tennessee to identify him. The case
is hurried through with all possible secrecy. If
benevolent men, hearing of the case by accident,
appear in behalf Of the defendent, il is in vain
They seek TO examine the party on whose AFT.
davit the arrest became legal. He refuses to
answer, and Mr. Commissioner Morton allows
the refusal. They introduce other witnesses TO
prove the defendant freeman, but they cannot
be sworn. The commissioner has heard enough.
lie is satisfied that the man Is a slave. His
mind is made up What need of further testi
mony to unsette-perbaps to change il And
so, in trembling eagerness, the case is closed,
the certificate Of ownership handed TO the attor
ney, the commissioner pockets his foe Of ten dol.
lars, and hurries from the room, and the un.
happy man is dragged of into slavery.
That the case of Horace Preston was one of
conspiracy, we do not pretend 10 aver; but for
all that Commissioner Morton did, il might have
been, with the same result as now. We ask,
then, what excuse is possible for conduct such
as his-for such disregard Of the responsibilities
attaching 10 the magistrate charged with powers
so tremendousl What right had Commissioner
Morton 10 continue such a trial, when princi.
pal witness for the prosecution refused TO an.
swer an important question on the cross-exami-
nation! What right had he 10 90 on when
another witness, who had played an important
part in the arrest refused TO appear and testify
These circumstances occurred in this case.
They alone were enough TO justify the suspi.
clon that the whole was conspiracy. What right
bad Commissioner Morton TO disregard them ?
The law makes The presumptions in favor Of
freedom. What right had he 10 turn them in
favor Of slavery And, above all, what right
had he 10 refuse IN hear the witnesses for the
defence, and 10 send that defendant into slavery
without listening TO a word Of testimony 10 his
behalf?
No excuse but inbecili.y is possible for con.
duct so unheard Of II Mr.. Morton secs fit to
urge that rs bis apology, we shall admit IT, Ills
haIa L..
for so doing. Bullied by the counsel from the
beginning TO the end, when at last Mr.. Busted
interrupted the legal by pugilistic proceedings,
this magistrate, entrusted with The power Of
slavery and liberty, but destitute Of the power
Of preserving order in his own court, had not
courage or dignity enough 10 rebukc the out.
rage, but hurries out of the room 70 invoke
another magistrate 10 come in and restore the
peace What a mockery upon the solemn min
istries Of the law, what satire upon the act OF
Congress which entrusts such persons with
authority so momentOusi
II anything were wanting TO confirm the aver.
sion of freemen TO that act il might be found
abundantly in these proceedings. Hereafter il
will be vain for Mr.. Webster, or any other
apologi-t for the act, to say that the maQistracy
il creates is most respectable and reliable, and
the investigation II provides as good as a trial
by jury All, If the Massachusetts, Senator had
only stood by his FIRST convictions, and secured
a fugitive slave bill--since one we must have
with such a trial as one Of its features, what
trouble and what Disgrace the country would
then have been spared
THE FACTS OF THE OUTRAGE.
We have commented above on The conduct OF
the commissioner by whom the recent slave
case was decided. IL is proper here To recall
the facts Of the entire proceedings
IL will be remembered, and so the evidence on
the trial shows, that Preston, the alleged fugi-
tive, was arrested late in the afternoon of Tues
day last, on the pretended charge Of stealing
that his master in Baltimore was Immediately
telegraphed that his man was caught; that, on
the same evening, he appointed Mr. Busteed Of
this city his agent to pursue and claim the fugi-
tive for him; that the claimants son came on the
next day. lie arrived here in tho evening, went
10 Busteed's about eleven o'clock, and had an
interview with him. Busted, next morning,