The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-29


peace without infringing upon the rights OF citizens,
a delicate and difficult one. Repeatedly were the
marines called upon to clear the passage way, ana
some hot words passed. but no blows were given,
though rather rebelled at coming IN close con-
tact with the muskets Of the military.
Mayor Smith during the forenoon addressed the
large crowd assembled in the square, from the Court
House steps, urging them to dispense, and stating
that the peace OF the city would be maintained al al
hazards. He also announced that all disorderly per
SONS would be forthwith arrested. -,
During the forenoon, five persons charged with a
disturbance of the peace, were arrested. I1eir
names are Charles II. Nichols, George Smith, ia.
ward +. Thayer, James holland, John Jewell, ana
VIM. jackson. They were placed in the Centre
wachhouse.
THE COURT ROOM.
The prisoner was brought in at 0 O'Clock, hand
cued, in the charge ola few stout looking indydl-
ais. He appeared quite downcast and anxious.
Immediately behind the prisoner several seats were
filled with special officers
Edward G. Parker and Seth J. Thomas appeared
for the claimant, and Charles M. Ellis and Richard
ii. Dana, Jr for defence.
The proceedings were commenced at 10 o'clock,
before Mr.. Commissioner L. G. Loring.
Mr.. Parker was about to open, when Mr. Ellis
asked the Court for delay for the purpose Of prepar-
the purpose Of electing whether he would make de-
fence or not. He appeared as amic.s cure for the
prisoner, that the prisoner should not be tried on
day succeeding his arrest nor in q haste incompati-
WIFI ElQCe tueu uO peIbOu mas Dtcll
mitted to the prisoner till yesterday afternoon except
the counsel and my colleague felt that delicacy re-
quired they should permit the prisoner to make up
his mind. Yesterday afternoon, then, the defence
could have proper access to the prisoner for the rst
time, and trial to-day would be equivalent to a
iia therefore on the day succeeding the arrest. On
such q day as this, too nobody can be expected to
act as in ordinary circumstances with due regard to
justice and calmness. He had not believed that
such thing as this arrest and trial could again take
place. for there were due safeguards in State laws to
secure fair trial. Four years ago public sentiment
was for compliance with law for peace sake but it
is not SO now, for the man stands here to-day as II
freeman OF Massachusetts entitled to the protection
Of our laws and believe your honor will SO consi-
der 1t.
Your Honor stands here in the place Of Judge and
Jury for fear that none Of these old processes
which have been the protection of men of our race
for centuries will be ecient SO that there is
reason that your Honor should give the fullest and
farest chance for preparation, the chance to let US
know that you have looked at 1t calmly through the
hours Of the morning away from the exciting lnnu-
ences of this day and the past night There is more
need of it than ever before, for there is pecu
liar position of things in our community In effect,
it is only since last night that we have really been
in the true position of counsel Mr.. Ellis concluded
with dsowning any connection with the meeting Of
last evening, that he might have no bias in the OFF,
cial capacity in which he was now called to act.
Mr.. Parker, for the claimant, objected to the de-
ferring of the case over to Monday. He had not
pIesSeu Tile Care IOT udy pclUIc WHCu
he knew the objection to then trying it to be merely
relating to the disturbed mind of the prisoner.
1t is not pretended to-day that such Is the case but
the ground to-day is different. There is need Of
to decide whether the defendant shall be transferred
to court in the district formerly inhabited by him,
for more full examination, and this is all that Ia
contemplated by the statute and supported by the
decisions of several Judges This is not perma-
nent trial but one to decide whether the party shall
be transferred to the trial of laws elsewhere, such
laws being presumed to exist. The state Of feeling
in the community, too, is but another reason why
this whole subject should be disposed Of as soon as
possible.
Seth j. Thomas, for the claimant, went over part
Of the same ground, and said that there was no
ground for continuance on the plea of preparing de-
fence because there was no proof that there really
was defence to be made. II, under a law, man
claims property, and shows his claim to be a good
one, and wellfounded, there is nothing to be done
but to make out certificate to have him returned
to the laws of the State to which he belongs If the
proof is made ont to your honors satisfaction, the
law settles the rest.
I, myself, have not seen him since the opening Of
this till to-day, and we know that the Marshal
would freely have admitted Mr.. Dana and the other
counsel to the prisoner. There is prospect, if
defer five days, that the fact be changed; it is
not shown that witnesses can be brought from vir-
ginia to testify the prisoners being freeman, that
any to be found here to prove him an old resi-
dent. Therefore there seems nothing new in points
The result of the delay for two days has been seen,
and if certain men who were instrumental in exct-
ing riot last evening, can lay their heads upon
their pillows and feel themselves gultless of the
claimant comes here with letters, papers, and GER
tifcates, in way to secure confidence in his being
the party he represents himself; the constitution de-
cded in favor Of the right of the claimant to take his
slave and the act Of 1850 merely to give facili-
ties for the performance Of the duty.
How, in point of fact, can this law, which is bind
ing az the law Of the State, having prior hold, be
resisted, any than the United States laws re-
speeding credit or trade taking possession of pro-
perty? The de facfo defence is objection to COM
pance with the law; but that does not alter or
change the law, and cannot make it anything else
than law.
The defence is not that the slave is not the man
he is claimed to be- but that the law Is not binding
or constitutional already has it been approved
by all the Judges of the Supreme Court who have
adjudicated upon it. We can see no argument for
delay in this case which does not so against the
law rather than to the true point in issue.
Richard H. Dana, Jr., for the defence, replied,
saying the objections were drawn from almost
everything in law, politics and humanity, except
the point placed before your honor. We do not
know that the Fugitive Slave law is under discus
sion, or the laws of Virginia. The simple question
is whether shall be forced into this trial at once
without time to prepare our defence. The statute
under which we acting the counsel for the claim
ant says is summary but the Court Of Admiralty has
summary pIOCeeulHgs, Which AZ the same Time nave
many days delay.
In the case Of Sims, where there was more excite
ment, where the question had not been settled on
the execution Of the law, or eight days time
was granted. To-day is Saturday. On Wednesday
night this man, employed in shop in Bratte steeet
was seized under false pretence Of robbery by six
or eight volunteers hired for pieces of silver moi
regularly employed, hurried here, this Court House
converted into slave .pen-and the next day he
was brought into court having seen no one but the
men (not oficers) who arrested him.
Passing by, then, and learning the facts, came in
to volunteer. The man was entirely supplied, and
evidently did not know how to act, under the in
fluence Of terror He had understood that if he put
the man who claimed him to trouble, he would be
punished hereafter. This is the position we hold
we hope the counsel on the other side is satisfied
with his position.
The conduct of the man at the time, and your ho-
nors sense of justice and propriety, on my motion
ordered an adjournment, leaving me as before, moi
his counsel Therefore / could not go forward Their
as his counsel But he was willing to recognise me
but 1t would have been said by all, had visited hin
Thursday, that his mind was not made up and I had
persuaded him to set up defence. Propriety
therefore, kept me away.
Then the colcred clerg, man.. Mr.. Grimes, Deacon