The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1853-07-30


here for at least 1000 persons, probably for
1900. There are now about 600 here, although
people have scarcely begun to come, and there
are not more than FIVE or six in all from Rich
mond. The month Of August is the principal
month for them, and there is every reason to
anticipate the largest crowd during that month,
that has ever been here.
When the Central Railroad shall have been
completed TO Covington, and the Covington ana
Ohio shall have united it with Memphis, what
property the White Sulphur.Springs will be-
But my paper is out, so must stop.
THE PHILADELPHIA FUGITIVE SLAVE CASE
In this case, which we have before mentioned in
our columns, a question of jurisdiction has arisen
between the United States Commissioner aud the
State Court which hes given rise to much discuc-
SION We therefore present brief statement of
facts, and of the action and decision thereupon.
On Thursday, Marshall Wynkoop received war
rant from the U. S. Commissioner Insraham TO ar
rest one Bill Fisher, fugitive slave from Elkton,
Cecil county, Maryland The claimants and three
other witnesses fully identified the negro On Fri
day, the Marshall was served with writ of habeas
corpus from the Court of Common Pleas, return
able on Saturday at 10 A. NJ, and commanding him
to produce the body of said negro in Court Mean
while the case of the fugitive had been adjudicated
and all the papers made out by hafpast nine Of the
same morning. At 10 o'clock Mr. Wynkoop enter.
ed the Court of Common Pleas without producing
the slave, and showed for cause, that the said Billy
was in his lawful custody as Marshall of the United
Mate q l.
er, and that he had been lawfully adjudged to be
| the osve of Jacob c Howard, of Maryland, and he
therefore refused to produce the said Billy After
| arguments on both sides the judge committed the
Marshall to Jail for contempt of Court. The Mar
| shall afterwards applied to Judge Kane. of the U
8. Court, for habeas corpus, compelling the She
| riff to show cause why he Yves he'd In custody
| which was granted; but on examination the Judge
concluded that it had been issued unsdvisedy and
the custody of the Marshall was continued with the
Sheriff. with his previous orders to commit to pri-
| son. Matters were 10 this position, when on Mon
day afternoon the 25th, Marshall Wynkoop made
aproper return to the hsbeas corpus issued by the
Criminal Court by producing the body CT the fu,
| gitive. The Marshall was then released, and the
fugitive committed to prison to answer the charge
|
| claim of the Marshall.
For better understanding of this important
case we add the following facts. 1t seems that
Fisher the negro, had, the 22d of May, been ar.
rested on charge of assault aud battery and in
| citing TO riot, ane Mr. Litteton Hubert became
bail for his appearance at the next Quarter SEES
| sions On his production in Court, Dir Hubert
claimed the right to the custody of Fisher his
bail After very able argument by counsel, the
following remarks and decision were made by
Judge Thompson:
| Judge Thompson said, that the question was made
to depend entirely the the bail has to the
custody OF his principal Let us see how the q1es-
ton arises THE Judge then cited the return of the
| United States Marshall.
The return shows that the claim of the Marshal to
the prisoner is properly founded Thus far the case
presents difficulties. The argument has been to
show that the Court should remand the prisoner to
| questions-first what does the prisoner ask! This
has not been discussed. The prisoner is here, and
does net ask to be remanded to his bail The second
| is-who is to have him-the bail or the Marshal p
The right of the bail demand the custody, and
Court to grant il, is then the only question.
That the bail has the right to the custody when the
prisoner is taken from prison by him. is OF denied
| He can take him wherever and whenever found, and
no one has the right to interfere with him in that
right Though the bail has this right, if he suffers the
prisoner go large he becomes subjected to other
rights This is settled by authority. The only Diff
This Court, while ready sustain the rights of the
Commonwealth, or any other rights-yet where the
aw points cut way for bail to proceed it is neces
sary for the rights of all that the proper forms of law
shall be complied with. This has been neglected by
the bail.
The Court nor any body els. than the bail can
pei the principal TO appear in Court The bail alone
can enforce it. He control him on all occasions
and on ell days. He has more power than the Court
over him. Hubert, by the power OF bail piece,
could have grasped at any time and any where. This
he failed to debut comes into Court and represents
state OF facts which are rather by eoun-
By these it appears that he has not enforced his rights
by taking out baipiece. This custody Of the prs-
oner not active custody This being the state
of the case present action be surrender
him to his bail The prisoner don't ask it. He has
not attempted to exercise the right which the law has
conhded to him. We cannot take it for granted that
the Marshall would not let the bail have the prisoner
on baitpiece. As the bail has taken the risk, we
will not interfere that he shall appear to answer.
1t the prisoner should be conveyed to another State
the bail must take the to bring him back 1t is
the consequence of the risk he assumed If the pris-
oner had been in actual custody this Court would not
hesitate to enforce compliance with the petition
1t did in issuing and enforcing the writ of habeas
frat.
There is embarrassment in the case and no col
llsion of jurisdiction. The fugitive law never in
tended to suspend the writ of habeas corpus. The
Constitution of the United States declares that this
writ cannot be suspended bat in the contingencies
therein named Whoever should attempt it, would
conflict with that instrument and he would be happy
In restraining the attempt in the present instance
As there Is conflict of jurisdiction, but is simp
OF the prisoner, upon his coming in to ask it, de-
clare that the prisoner is not in any way under the
control of this Court, and therefore discharge him
from the custody of the Sheriff, where we placed
him.
The prisoner was thereupon taken into custody by
the Marshal, and immediately conveyed to car
rage, and taken on the route to Maryland.
Dir Pierce, counsel for Hubert asked the Court for
ball-plece and was informed that it was a writ OF
right
ball-piece was made out, we stated Yesterday,
on the record being filed and handed to Lytteton HUI
Dsr who, with several Others started in pursuit OF
the Marshall and his prisoner.
e Marshal Wynkoop arrived in Baltimore
On "Wednesday night, having in charge the fu
gitive slave Fisher, whom he surrendered TO the
order of Mr.. Howard, of Cecil county, the
slaves owner.
HE PICToRIALs.-We are informed by one
OF the proprietors of the New York illustrated
News, that the picture of Richmond was
copied from daguerreotype recently taken.
whether 1t be accurate or not, he considers
that the publishers cannot be regarded as not
using their efforts to obtain faithful sketch. -
| We are satis6sd IF the corvactpasa IF tho