The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-04-12

From the .Nsic York Tribune Whig Horace Greeley
iohite man, editor, .7pril 5.

FROM Ht .Nep f0fE Irt0uae Whtg, Horace Greeley,
iohite man, editor, .9pril S.
We have already commented on the extraordi-
nary features attending the commencement of
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 legal
proceedings were never heard Of in a civilized
country. The duty Of the commissioner, as he
himself stated it, was to satisfy himself whether
there was sufficient evidence to prove the man
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 the evidence of witnesses 10 attendance on
that side, although the respectable counsel de-
clared it to be of vital consequence; and in
finally deciding the case, and hurrying the man
off 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 n 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 a man to his own soul and body as of
so little consequence that it may safely be an
nuled in such manner az this Does he expect
to be sustained by public opinion in deciding
cases where liberty is concerned, 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
a speculation. An INSCRIPTIONS constable may
be found to seize the victim and immune him
in some obscure lookup. A lawyer, equally
INSCRIPTIONS, may be found to swear that he is
slave Thus he is handed over into the Gus.
tody of the United States marshal, and his ar
rest legalized. 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, it 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 a freeman, but they cannot
be sworn. The commissioner has heard enough.
lie is satisfied that the man is slave His
mind is made up. What need of further test
mony to neutrality-suspicious. to change it? 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.
lara and hurrao froDo fho nd fbo
happy man is dragged off into slavery.
That the case of Horace Preston was one of
conspiracy we do not pretend to aver; but for
all that Commissioner Morton did, it 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 to the magistrate, charged with powers
80 tremendous! What right had Commissioner
Morton to continue such trial, when a prnci-
pal witness for tho prosecution refused to an
swer an important question on the crossexami-
nation? What right had he to go 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
ciom that the whole was conspiracy. What right
had Commissioner Morton TO disregard them
The law makes the presumptons in favor of
freedom. What right had he to turn them in
favor of slavery? And, above all, what right
had he to refuse to hear the witnesses for the
defence, and to send that defendant into slavery
without listening to word of testimony in his
behalf?
No excuse but imbecili.y is possible for con
duct so unheard of. If Mr.. Morton sees fit to
urge that rs his apology, we shall admit it. His
behavior on the bench would give ample reason
for so doing. Bullied by the counsel from the
beginning to the end, when at last Mr.. Busteed
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 to rebuke the out
rage, but hurries out of the room to invoke
another magistrate to come in and restore the
peace What a mockery upon the solemn min
istries of the law, what a satire upon the act of
Congress which entrusts such persons with
authority so momentous!
If anything we're wanting to confirm the aver
sion of freemen to that act, it might be found
abundantly in these proceedings. Hereafter it
will be vain for Mr.. Webster, or any other
apologist for the act, to say that the magistracy
it creates is most respectable and reliable and
the investigation it provides as good rs a trial
by jury. All if the Massachusetts Senator had
| only stood by his first convictions, and secured
a fugitive slave bil-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 DO remembered, and so the evidence on
the trial shows, that Preston, the alleged fugi-
tive was arrested late in the afte noon 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.. Busted, of
this city his agent to pursue and claim the fugi-
tive for him; that the claimants son came on the
next day. He arrived here in tho evening, went
to Busteed's about eleven o'clock, and had nm
interview with him. Busted, next morning,