Washington telegraph., 1854-07-12

the constitutional phrase .'held to labor or
service" as definition Of slave, who. not
owing to himself, could not. Of course, ore
anything. In proof of which. he referred
70 his own great work on the "Unconstitu-
tionality Of Slavery" from which be was
proceeding to read when an objection was
made and admitted to its authority in that
tribunal Mellcn, however, succeeded final
~ in reading long passage, By introduc-
ing itas part Of bis argument, and aot as
legal authority But at last the hcs+crr
could stand it no longer he had exhaust
ed their patience before he had exhausted
the subject and was obliged to sit down.
In the cousse Of Mr.. Mellen's speech an
attempt was made BY the alleged slave To es-
cape by rushing from the cabin, and it was
reported that he had jumped overheard
He was, however re-captured and ordered
restored. The excitement continued in-
tense. Two rumors, in particular, had pos
session of the minds of the spectators both Of
those who were friendly and adverse to the fn-
gitive, which led them, nevertheless, to pro-
pose the same course one story was. that a
body Of rescuers was stationed at Stoniur-
ton and another that the United States
troops were stationed there Cor the reception
Of the prisoner. Both parties among the
passengers consulted accordingly, and to
avoid the danger tha. threatened, each pro
posed to run the boat ashore before reach
ing Stonington. The only individual whose
dissent was fatal to the project was the cap
tain.
The counsel for the claimant introduced
his reply by series Of good humored, but
insulting witicisms on Mr. Mellen and Ros-
ton abolitionism lie then urged, that the
charge that the negro was in improper cor
tinemcnt should be dismissed, because
L. No proof, except the unsupported as
sertion Of the witness, (who having lived in
Stoningtun, might be suspected of being
State prison refugee.) that the negro was
man and not a woman
,. Allowing the negro to be a man, it
was asserted that he was in confnemcnt. q
condition not to be predicated Of that sex.
Abdominal eases had been instanced Of men
Of enormous lacteal capacity. but nothing
Of a nature like this had ever been record
ed. But,
3. Admitting that the negro was male.
which was uncertain, and that he was in
confinement which was impossible, yet the
charge Of improper confinement was wholly
without foundation. How could man i'm
prisoned IN q nice bor be regarded, in any
sense, improperly confined
After stating these points with tie air Of
a man who had completed bis q. H. d.. Mr..
Digg=, the counsel. closed with variety of
witicisms, similar to those with which he
began. principally at the expense Of Mr.
Mellen.
The commissioner arose and briefly de-
livcred his opinion, which was in substance
that Mr. Mcllcn had failed to prove black to
be white. and as black complexion was
the mark Of an inferior condition, to which,
it was evident, from merely ocular in spec
ton, that the prisoner belonged aud fur
ther, as slavery was condition of inferior
ity, there seemed no course but to DENY
the application for release, and to remand
the fugitive 70 the custody Of bis master, or
III other words, to the ice-box. In conclu
sion the commissioner. who was n stont.
short necked, blunt featured man. with an
imperturbabe visage, proceed to pass around
hat for the benefit Of the fugitive AT
most every one Of the bystanders contribu-
ted his three cent piece, 50 that fund was
raised at which the waiter rolled I'D the
whites, in a most rerternatural fashion, so
as to alarm even his sable coadiutors. who
were giggliny and grinning with their en-
joyment of the transaction.
The trial had lasted three hours, when
the court adjourned, most Of the officers re-
pairing from the bar Of justice to bar Of
different nature below stairs, leaving Mr..
Mellen apparently unconscious Of the joke
of which he had been the subject