The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-04-06

BEFORE GEORGE w. MORTON ESQ.

In the matter of Horace Preston, an Alledgsd
Fugitive from Labor--Morc Confusion IL,
Court.
April 3-At the sitting Of the court this
morning, the commissioner delivered the fol-
lowing decision, on the motion of counsel for
the fugitive:
Southern district of New York.-In the
matter Of the reclamation of Horace Preston,
a fugitive from service and labor, Baltimore,
Mary William Reese, claimant--Ilorace
Preston, fugitive from service or labor due and
owing to William Reese, of Baltimore, State
of Maryland, is brought before the commits
sioner, under warrant issued upon an affidavit
and power of attorney, which fully complied
with the requirements of the statute as to such
preliminary proceedings. The fugitive, of whom
service and labor is claimed, has been repre-
scented by three able and Jealous members OF
the bar, and the subject has been so thoroughly
discussed, AS, that counsel on both sides, can
not but be fully satisfied OF AN efficient per-
formance of their respective duties. The APP
plicalion of the claimant for certificate OF resto-
ration rests upon the latter provisions OF the
10th section of the act of Congress- OF the 18th
of September, 1850, and which presents the
simple question, whether satisfactory proof,
competent in law" has been produced before
on behalf of the party to whom the service and
labor is alleged to be owing.
William d. Reese, of Baltimore, has been eX-
amined for the claimant, and after having un-
dergone cross-examination Of some three or
four hours, leaves the following facts, as to the
truth of which the commissioner can entertain
no reasonable doubt, and the competency of
which, AS legal proof, in his judgment, stands
very clear For Il period of thirteen years, the
witness had lived in the same dwelling with
Preston who during all that time was publicly
and nOtoriously known and regarded as the
property of William Reese, the claimant, and
the father of the witness; and Preston himself
during that time, always acknowledged and act
ed consistently with the relation in question
that, with some others, Preston had become
the property Of the claimant on second mar
rage that witness had labOred daily side by
side with Preston at the business OF brick
making for about two years-went out with
him in the morning and returned with him in
the evening; that Preston had sufficient time
at his own disposal to enable him to earn for
himself about three dollars week, and that
while 80 situated, he suddenly disappeared from
Baltimore about the Goth of March, lS47. The
main point commended for on the argument by
counsel for the fugitive is, that no right to the
services of Preston could be proved on this
proceeding, by any other evidence than that Of
deed or other document, showing the right
in question to have acquired Hereunder by
the claimant, William Reese. This argument
has not been sustained by the citation Of any
judicial authority. 1t is not shown to be indis-
pensible under the laws of Maryland, nor is
any such proof made essential by any provision
Of the acts of Congress bearing upon this branch
of the subject Under the proof in this case
the commissioner feels bound to be satisfied
that Preston is identified as owing service and
labor to William Reese, of Baltimore, Mary
land, and is fugitive therefrom, and that the
claimant has the right, by virtue of the act of
Congress above mentioned, to certificate OF
an appropriate import which is accordingly
now delivered in obedience to the law.
The commissioner accordingly handed the
proper instrument of reclamation to Mr.. Bus
teed, and the fugitive slave was instantly taken
from the court-tbe district court room-which
was thus temporarily occupied before Judge
Judson's arrival Then scene of disorder en-
sued-Preston's wife screamed, lawyers bawled,
and in the babel of disorder and confusion, our
reporter caught the following sentiments.
Mr.. Jay-Mr. Commissioner, it was under
stood that if you decided this point against us,
we should have the right to call witness for the
defence.
The Commssioner-No, sir; | sat long
enough, and gave you every opportunity to do
so, and will not remain here to be abused.
Mr.. Busteed-lt was distinctly understood
otherwise. 80
Mr.. Culver-It is mockery of justice.
Mr.. Jay-A more wanton violation of justice
have never heard Of
Mr. Busteed-Good for the fugitive slave
good for the supremacy of law in a free country
over mock philanthropy.
voice in the crowd-That's the talk ; let
the laws be obeyed.
Mr.. Emmett, Jr.-Do you call this free
country, where such justice is administered :?
IT'S not freedom.
Mr. Culver-Frends of the slave, don't raise
one dollar for the purchase of this man. That
is all they want.
Mr.. Busteed--No, don't; for you won't get
him. You don't know how to treat him, and
you couldn't buy him if you would.
Great confusion prevailed for several minutes
There were large body of colored men pre-
sent but they bore the doom of their brother
black with 1uietness, and all left the court with
downcast looks.
The counsel of the fugitive having failed in
an application TO the district judge for writ of
habens corpus, Horace was Immediately trans
mitted by the marshal to N. Jersey, en- route to
Baltimore, in the custody of Mr.. Benjamin H.
Tamadge, deputy marshall and two assistants,
officers D'Angelis and Rakielewiez. All ex-
element seems to have passed away, and not
one man of color fingers about the park.