The Yazoo Democrat., 1853-08-17
From The Pennsylvania Of July %.
FUGITIVE SLAVE CASE---CONFLICT
OF JURIsDICTIoN---AN INTERFERING
QUESTIOI

1
Pleas. As there seems to be diversity Of oPin-
ion on the subject, and as one portion Of the
community susains Col. Wynkoop, whilst the
other maintains that the Court is right, we have
taken some pains to learn the true state Of the
case, and beneath submit the facts, as we are as
sured they actually exist, to the consideration Of
our readers.
On Thursday last, the Marshal received war
rant for the arrest of fugitive from abor named
Bill Fisher. This warrant was received from
Commissioner E. D. Ingraham, and was imme-
diately executed. The claimant and three wit
nesses from Elkton, Maryland, appeared to iden-
tfy the negro. Three bearings were held before
the Commissioner, the last Of which took place
at o'clock on Saturday morning. The negro
was fully identified, and upon the owner swear
! ing that he had reason to fear rescue, The Mar
shal was ordered To take sufficient rosse to
carr him safely into the State ol MARY land.
The Act of Congress Of SAp,ember 1850 makes
it obligatory upon The M Irshall TO use every pos
sib'e means for he sale transmission of he fu-
! gitive To his owner and should. such fugitive
escape. whether ruth or ,csttout The assent #
such Marshal or his Deputy such Marsha sdaI
be tia6ie on his q6fcid 6oad to be prosecuted for
the benefit Of such claimant for the flH uaiue Of
tie seruice or o5or IF said fagitire IN the State
Terrttort Or District whence he escaUed The
closing paragraph of the 9Th section Of The same
act, reads thus: 'And the certificates an This and
the FIRST section mentioned, shall be conciusire of
the right 9f The person or persons in ,otose faror
granted TO remoUs such fugitiue to The State ar
Territory .from ,chicb he escaped, and shall pre-
cent all nrolestation Of such person or persons,
du any process ISSUED By any Court, .Judge,
Magistrate. or other person 'oAomsoeUer7
On Friday, about o'clock, Col. Wynkoop re-
ceiyed habeas corpus, issued from the Court Of
Common Pleas, directing him to bring the body
OF Bill Fisher before that tribunal. This writ
was made returnable on Saturday at II o'clock
The case adjudicated and the certificate
made out at 81 O'Clock, aud at 10 o'clock. Col
Wynkoop. accompanied by his counsel, Mr. Ash
mead, entered the Court. and asked for an hour
TO ma6e his return. The Court refused the in
diligence, aud asked for the body Col Wyn-
koop refused to deliver up the man. and an at
tachment was Immediately issued against him
lie returned from The court room to his Office,
aud completed his return. Upon entering the
Court, ia forced obedience TO the attachment
tie Ju = desired TO know why he had not obey
ed Tie writ OF habeas corpus. He replied that
the answer was contained in his return, which
| he now offered 10 the Court at the same time
stauns that he had been governed entirely by
sense Of duty, and from no desire to contemn
the Court. TIE Court then admitted the return,
which was read by the District Attorney, as fol-
lows:
To The Honorable Joseph Allison, one of the
JUICES cf the Court Of Common Pleas Of
Philadelphia county.
The undersigned in obedience to the command
OF the annexed wit OF Habeas Corpus respect
fully returns that he has in ms custody, as Mar
shal OF the United States Of America, George
Smith, otherwise called Bill Fisher under war
rdEt issued by Edward ID. Ingraham, Esq, a
| Commissioned under the Act of Congress of the
10Th of February, 1852, duly appon,el by the
Circuit Court of the United States for the Eas-
| tern District of Pennsylvania in the third Cir
cut, in which the siiti Bill Fisher is charged be-
fore The said Commissioner as being d person
held 10 serviee or labor IN the State of Mar land
AMI owing such service or labor 10 certain J.
| @. Howard, OF Ekton, Maryland; and who es-
caped thereirom into he Eastern District of
Pennsylvania, copy of which said warrant is
| appended hereto. marked a.
And the said Francis NJ Wynkoop Marshal
as atoresald. tufiher States that. having the said
Gaor8e Smith, otherwise called Bill Fisher i'm
his custods he brongat 1stor he c IN n s.
sl3ner 90 the Uunel t1rs 81, 10
O'Clock A. M tpra iu8fp, when le >ana was
adourne unl N y iA,f.. / O'Clock p 81.
Aboul len o,iock. Z Nj. an he sais 22i .n-
stant, Wrli OF hapeas cor, os " IS served ~ him
| requiring INN 90 produce rhe body of he sand
George Smith. otherwise caileI Bill Fisher -.
tore the Hon. Oswald Thompson. a. 10 o'clock
IN he morning of The 23rd inst. That having
sii5 party IN his custody, under the said war
rant, he took him on the afternoon of the %
nst, the hour TO which said hearing was ad-
ljourned,) before the said K. d. Ingraham. Esq.
Commissioned as aforesaid who adiourned the
further hearing of The case until The 231 inst, al
nine O'Clock, a. M. when he did adiudcate that
the said Bill Fisher, 50 In his custody as afore-
said by proof to his satisfaction owed service or
labor to the sad jacob C. Howard. of Cecil coun-
/ ~, In the State of Maryand under the laws
thereof as viii fully appear by the certificate Of
lsald Commissioner. true copy of which is here
unto annexed, marked (B,) and The said Howard
having made oath that he had reason to fear that
he said Bill Fisher would be rescued from the
said Howards possession before he could be ia
ken beyond the limits of the State of Pennsyl-
( wanna, where said arrest was made, he retains
| nun IN bis custody to remove HIM to the State
OF Maryland, whence he fled-which said order
he is bound legally to obey under the act of Con
eress OF the 18Th September, 1880, and therefore
he cannon have his bod, n said Court. as com
'nanded IN said writ. +. M, WYNKooP,
Marshal of the United States.
Sworn and subscribed before me this 23d day
Of July. A. D.. 1853.
o. P. CoRNMAN, Pro Clerk.
Immediately alter the reading of said return