The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-07

RVCf
on this principle any obscure and frendlsss man in
the community may be sworn away into bondage.
IL the easiest thing in the world to trump up tes-
tmony enough to accomplish such speculation
unscrapuoue constable may be found TO seize the
victim and immune him in some obscure lookup.
lawyer, equally unscrupulous, may be found TO
swear that he is q slave. Thus he is handed over
into the custody of the u. 8. Marshal and his
arrest legalized. A witness is brought from Ala
bama or Tennessee to identify him. The case is
hurried through with all possible secrecy. lfbene-
VIOLENT men, hearing Of the by accident, appear
in behalf of the defendant, it is in vain They seek
TO examine the party on whose affidavit the arrest
became legal. He refuses to answer, and Mr.. Com
mississioner Morton allows the refusal. They in
troduce other witnesses to prove the defendant a
freeman, but they cannot be sworn. The Commits
sioner has heard enough. He is satisfied that the
man is a slave. His mind is made up. What need
of further testimony to unsettle-perhaps to change
IT !! And so. in trembling eagerness, tho case is
closed, the certificate of ownership handed to the
attorney, the Commissioner pockets his fee Of ten
dollars, and hurries from the room, and the uu-
happy man is dragged of into slavery.
That the case of Horace Preston was one Of conspi
racy We do notpretendt to aver but for all that Com
missioner Morton did, il might have been, with the
same result as now We ask, then, what excuse is
possible for conduct such as hisfor such disregard
OF the responsibilities attaching to the magistrate
charged with powers so tremendous What right
had Commissioner Morton to continne such trial,
when principal witness for the prosecution refused
nation +! What right had he TO 60 when another
witness, who had played an important part in the
arrest, refused to appear and testify These crcum
stances occurred in this case They alone
enough to Justify the suspicion that the whole
conspiracy. What right had Commissioner Morton
to disregard theml The laws make the presump-
tons in favor Of freedom. What right had he to
turn them in favor Of slavery! And, above all,
what right bad he TO refuse to hear the witnesses for
the defence, and to send that defendant into slavery
without listening 10 word Of testimony in his be-
half!
No excuse but imbecility is possible for conduct
so unheaId Of II MIR. Morton sees fit to urge that
as his apology, we shall admit IT, His behavior
on the bench would give ample reason for doing.
Bulhed by the counsel from the beginning to the
end, when at last Mr. Busted interrupted the legal
by pugiistic proceedings, this magistrate entrusted
with The power of slavery and liberty, but destitute
OF the power of preserving order in his court,
had not courage or dignity enough to rebuke the
outrage, but hurries out Of the room 20 invoke
another magistrate to in and restore the peace!
What mockery upon the solemn ministries of the
law, what n satire upon the act Of Congress which
entrusts such persons with authority so momentous!
II ything were wanting to confirm the aversion
Of teemen TO that act, it might be found abundantly
in these proceedings. Hereafter it will be vain tor
Mr. Webster, OF any other apologst for the act, to
say that the magistracy it creates is most respect
able and reliable and the investigation it provides
as good as trial by jury All, if the Massachusetts
Senator had only stood by his first convictions and
secured Fugitive Slave bill, since one we must
have-with such 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 1t is proper here to recall the facts Of the
entire proceedings.
1t will be remembered and so the evidence on the
trial shows. that Preston, the alleged fugitive, was
arrested late in the afternoon of Tuesday last, on
the pretended charge Of stealing; that his master in
Baltimore was immediately telegraphcd that his
man was caught; that, on the same evening, he APP
pointed Mr. Busteed of this city, his agent to pur-
and claim the fugitive for him; that the claim
ants son came on next day. He arrived here in the
evening. went to Busteed's about eleven o'clock
and had an interview with him. Busteed next
mornings made an affidavit, swearing positively and
unequivocally to the slavery, the title, and the
cape, making out the whole case.
:. Preston, the fugitive was taken by officer
Martin to the Tombs, and locked up in the Sixth
ward cells He could not, nor could Mr.. Culver, his
counsel, learn that any complaint had been pre-
ferred against him, or any warrant issued, any
examination had, or any commitment made out.
He was kept locked up in that place, he says, till
twelve or one o'clock at night, (mark the hour y
then taken out and conducted to the Second ward
station house. There he was held till the claimants
son arrived, when, it appears, he, together with
Busted and Martin. held consultation at the Sc
cond ward station house. Prestons wife. his coun-
sell and several of his friends had been untiring in
their pursuit of, and inquiry for him, but could
wife in the Park, that they had just taken her hus-
band into the U. $. Courtroom. Preston's counsel
and wife hurried with all speed to the Courtroom,
but on arriving found a witness sworn and giving
evidence. AT this stage our reporter has taken up
the case, and kept cur readers advised on the SUBJ
ject
When the case was adjourned on Friday after
noon to Saturday morning, it was with the avowed
understanding on the part of Prestons counsel and
assented to by the Commissioner, that if the latter
should deny the motion made and argued by Mr..
Jay to quash or dismiss the proceedings, then the
counsel should 60 into their defence on the merits.
To that end, several witnesses were in attendance;
others had process out for them to be served as soon
as found. Some Of these witnesses had known Pres
ton in Baltimore, and were prepared to prove the
declarations Of his former mistress TO his freedom
and the provisions in her. viii to that effect. By
others it was proposed to show the admission Of the
claimant, and others, to contradict Busteed's aai-
dayit and prove a conspiracy.
The Commissioner, instead of deciding the pre-
lminary motion of Mr. Jay, and then stopping, took
the counsel. the prisoner, and the audience by sur
prise He decided the whole ease-had his certifi-
cate in his hand--deliyered il over in the twinkng
of an eye-gathered up his papers, and retreated
toward the back door of the room. Busted hardly
had time 10 kiss the Bible held out to him by the
Commissioner. II was all in vain that Messrs. Jay.
.Emmet, and Culver jumped upon tho floor, asking
the Commissioner to hear them-urging their sur
prise, and the injustice done their client. Their
efforts were all frutless. The Commissioner refused
to hear anything further.
Mr.. Culver was drawing IN affidavit for Preston
to attach witness. His client, however, was taken
suddenly from him and removed to a back room in
the Ma1shais office. Mr. Culver at once applied to
the Marshal for permission to GO to the room and
see his client, TO have him sign an affidavit for a
hobedS corpus. His request was sernly denied
nor could he get sight Of Preston again till he was
brought ont to be started OF South
Preston's counsel then applied to Judge Judson
for hdbsos co'PsS, but he could not hear the ap-
plication.
Meantime the condemned man was got ready. His
wife went in and had her last sad interview with
him. Her cries and sobs were heard BY the multi
tude outside.
We doubt If more touching exhibition Of the
workings Of the Fugitive Slave law has ever been
witnessed This mans wife stood by her husband
for three DAYS, with devotion and tenderness. I'M
psraeled. Whenever permitted 10 sit near him, she
bad fast hold Of his hand in both OF hers, wringing
herself in the most intense, hafsurpressed agony.
Near the time Of the fnal separation. Busteed the
lawyer. to console her. gave her an orange, or
peeled one tor her,
About II O'Clock, the procession appeared from
the hack roam Gen Henry r. Tallmadpe United