New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-04-05

arrest legalized. A witness is brought from
Alabama 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 defendant, it is in vain. They seek to
examine the party on whose affidavit the
arrest became legal. He refuses to answer,
and Mr.. Commissioner Morten allows the
refusal. They introduce ether witnesses
to prove the defendant freeman, but they
cannot be sworn. The Commissioner has
heard enough. He is satisfied that the
man is a slave. His mind is made up
What need of further testimony to unsestle.
perhaps to change il! And so, in trembling
eagerness, the 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 unhappy
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 beer, 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 magis-
tate charged with powers so tremendous
What right had Commissioner Morton to
continue such trial when principal wit
ness for the prosecution refused to answer
IN important question ON the cross exam
nation, What hight had he to go on when
another witness, who had played an impor-
tant part in the arrest, refused to appear
and testify7 These circumstances occurred
in this case. They alone were enough to
Justify the suspicion that the whole was
a; conspiracy. What right had Commits
sioner Morton to disregard them? The laws
make the Prescriptions 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
defense, and to send that defendant into
slavery without listening to word Of testi-
mony in his behalf?
No excuse but imbecility is possible for
conduct so unheard of. If Mr.. Morton sees
fit to urge that as his apology, we shall ad-
nit 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.. 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
to rebuke the outrage, but hurries out of
tie room to invoke another magistrate to
Gene in and restore the peace What
mocke,y upon the solemn MINISTRIES of the
law, what a satire upon the Act Of Con-
eress which entrusts such persons with
authority so momentous
If any thing were wanting to confirm the
aversion Of freemen to that Act, it might be
found abundantly in these proceedings.
Hereafter, it will be in vain for Mr.. Web
ster or any other apologist for the Act, to
say that the magisuacy it creates is most
respectable and reliable. and the investiga-
ton it provides as good as trial by
Jury. All, if the Massachusetts, Senator
bad only stood by his first convictions, and
secured 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!