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

Maryland, had escaped tbererom, about the 10Th OF
service or labor due 10 the said Reese and that
the same has ever since been due to him, and that
the said Reese has never parted with, and is s en-
titled to- such service or labor, and that he is The
owner Of and entitled to the control Of the said
Preston''-was made, appeared from the tes.-
mony Of Mr.. Busteed, on his crosse Examination,
without any personal knowledge Of the facts sworn
to-and that the other testimony for the claimant
was utterly insufficient to prove his title II was
said, further, that if upon this motion, the Court
should decide that the evidence was sufficient TO
support the claim unless rebutted by proof for the
defence, we had a number Of witnesses in attend
ance, besides others whom we had not yet found.
but for whom subpGnas had been issued at our appi
cation by the Commissioner, and placed for service
in the hands Of the Marshal but that as our motion
to dismiss the proceedings if granted, would render
their examination unnecessary, proposed to argue
that motion first
This course was not objected to. The motion to
dismiss the proceedings, in the nature of motion
TO quash for nonsuit, was argued at length with
the distinct understanding, thus assented to by the
Commissioner, that if that motion was denied we
we were to enter upon the defence this morning.
Our arrangements were made accordingly. and our
witnesses directed to be in attendance.
This morning, at the opening of the Court. The
Commissioner delivered his decision, denying the
motion, and granting the certificate Of removal,
taking us altogether by surprise, and refusing 70
hear protests against conduct which we regard
absolutely yiolatve of the liberties of the dcien
dant, and Of our rights as his counsel.
An affidavit was then made by Mr.. Busteed,
which, presume, was an affidavit of danger, for
the purpose of procuring for the claimant the escort
of the Marshal from New York to Baltimore and the
payment Of the expenses from the United States
treasury bat this we do not know positively, the
Commissioner refused our request to be allowed TO
see it.
Preston was Immediately removed from the Court
room, and soon afterward placed in hack and
driven off.
Application for the writ Of haltas corpus was
made to Judge JHdson, who refused 20 hear the
ton, the ground that he was engaged in another
ease.
We are under the impression that the motion
would have been denied, upon the ground stated by
Mr.. Attorney General Crittenden, in his letter to
Mr. Fillmore. after the passage of the Fugitive law
Of 1850, that the certificate Of a Commissioner is
to be regarded as the act of judgment, after fair
andmparta trial before judicial tribunal, having
competent jurisdiction
How far the conduct Of the Commissioner in this
case, in admitting all evidence offered for the claim
ant, of whatever character, including an affidavit
me de without knowledge, and confessions of the de-
PENDANT while in duress-hs refusal to compel an
interested witness to answer on crossexamnaton.
and his cutting oil all opportunity of rebutting evil
dence by snap Judgment, made in violation ofgood
faith, COMFORTS with that strict impartialty and
fairness which ought to be preserved in trials in
yolving the right to liberty, is question which the
undersigned submit to the judgment of the com
munity. +. ID. CULVER,
NEW YORK, April 3, 1852. john JAY,
THE NEW YORK STATE ANrI-sLAvERY SOCIETY.
From Frederick Douglass paper rederick Douglass,
black man, EDITOR. April III
A meeting Of the friends Of freedom was held at
COrnthan Hall, Rochester, March Is, 1852, for the
purpose of consultation in relation to the formation
Of an anti-slavery society.
James SperTy, of Henrietta. was called to the
chair, and George w. Clark, Of Rochester, was up
pointed Secretary
Addresses were then made on the present state
and prospects Of the anti slavery cause the import
ance Of organization for the purpose Of concentrating
and directing the efforts of the antslavery men and
women Of this State, by +. Douglass, VIM. Goodel,
Benjamin Fish, Gerrit Smith, George w. Clark j.
r. johnson, S. II. Addington, ID. Pickard, Ii. Bush
Rev. Mr. Cook, and others; after which, it was
unanimously
Resolved, That we do organize New York State
Anti. Slavery Society.
The following persons were then appointed a COM
mttee to prepare constitution. and report the next
morning at 10 o'clock :--Wm. Goodell, Jas. Sperry
Geo. w. Clark, j II. johnson, +. Douglass, stephen
Cook, S. II. Arlington, Benjamin Fish, Abigail
Bush, Amy Post. Adjourned till 10 o'clock next
O'clock. wnlam H. omiS. u Ma cara FAILS. was
ppointed chairman, and George W. CLARK, score
The committee, through their chairman, William
oedell, reported the following
This society shall be called the New York State
Anti-Slavsry Society.
Its object shall be the abolition of slavery by the
promulgation and practice of the following truths
l. Slayeholding is, in its own nature, sinful, and
ought to be Immediately and Internationally aban-
doned. Ii is crime to be treated like other crimes.
2 1t is morally wrong to apologize for slavehold-
ing to vote for shareholders their apol0gists,
or for those who will not use their powers for the
abolition Of slavery.
3D. 1t is morally wrong to support religious
teachers who apologize for slayeholding, or who
neglect to bear testimony against 1t.
4th. 1t is impossible that slaveholding can be
either sanctioned by the Divine law, or be made
legal by any human governments, constitutions,
statutes, or judicial decisions, agreeable to that
ell-known and fundamental maxim Of common
law, recognized by the Supreme Court Of the
United States, and the Court Of Kings Bench in
England, that " enactments contrary to fundamen-
tai morality, are void.''
| 5th Prejudice against color is wicked. The
colored is entitled to all the rights, privileges,
and eligibiites of the white man, and all proposals
for removing the former out of the country as
absurd and impairment as would be similar propo-
| sails for removing the latter
9th. Distinctions account of color in religious
! assemblies, are preposterous and wicked.
| 18th. All persons. without distinction OF sex or
color, who assent to these truths, and act under
their guidance, shall be entitled to membership in
this society, by enrolling their names, and eontr-
buting annually to its funds.
Sth The officers Of this Society shall be O Presi-
dent, Vice President, Recording and Corresponding
Secretaries. Treasurer, and an Executive Commit
tee to discharge the customary duties OF such OIL
GERS. and TO be elected annually
9th. The Executive Committee shall consist OF
thirteen Of I'm the President, Secretaries, and
Treasurer shall be members ex-ofiicio, FIVE Of whom
shall constitute a quorum for the transaction Of
| business.
10TH The Society invites and recommends the
formation Of county, town, city, and village soce-
ties in all parts Of the State the principles OF this
society and auxiliary to it,
The report Of the committee was accepted, and a
motion made to adopt the constitution, article by
nj wi w q To-
ton, was then taken up. whereupon Stephen S.
Foster moved, secondedby II. Bush, TINT the words,
"Auxiiary to the American Anti-Slavery Society,
be added.
This amendment was discussed at great length by
Foster Gcodell, Cook, Porter, Douglass, johnson,
Pickard, Avery. Addington, Stebbins, and Others,
but was lost on final acton-reeeiving but one vote
in its favor.
The 4;h Article also elected thorough discus
sion. but was finally adopted unanimously.
All the other articles were adopted without de-
bate, and the following persons were elected officers
OF the Society -
y.nf Gem Nxsrr