Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1854-06-08

age by the evidence of words wrung from him
under duress God save the commonwealth of
Massachusetts,
COMMISSIONER 8 COURT.
The Court came in punctually at 9 o'clock, the
room being crowded.
Commissioner Loring Immediately proceeded
to deliver his decision, saying the issue between
the parties arises under the statute of 1850. 1t
was urged that that is unconstitutional, on the
ground of want of jury trial; but the rendition
of the fugitive being ministerial act, there is
no provision in the Constitution for a jury trial
in cases of such ministerial nature. He did not
regard the objection to the record of the Virgin
ia court as being of character not to be receiv-
ed in this court, sustained by the language of
the Constitution in reference to the courts. He
thought the act OF so was constitutional, being
pronounced so by numerous authorities, the Ian
guage of the Chief Justice of Massachusetts, in
the Sims case being quoted as peculiarly appro-
pirate to the occasion. Whether the act is
harsh a cruel one is not to be considered here,
and if good men should not enforce it, into
whose hands then, should its execution fall!
The facts to be proved by the claimant are
that Anthony Burns owed service and labor,
and that he escaped from such labor and service.
This hSd been dqne by record and testimo-
nv. The next fact was as to the inbentity of
the prisoner, it being testified that he was in
Virginia on certain date, when it had been
shown that he was here prior to the time alleg-
cd he was missing. This testimony being IT.
reconcilable, we must look to other evidence
corroborative of the claim; and this was found
in thee onversation which ensued on the night
of the arrest between the claimant and the pris-
oner, which was testified to by several witnesses
Under these circumstances, he deemed that
The claimant ,uas entitled TO a certificate from
him for his return of the fugitive!
When the Commissioner was narrating the
conversation between claimant and prisoner, to
the effect that the latter willing to 60 back,
Burns several times shook his head negatively,
and ,oith mnch ,feehng'
The room was then cleared, and the prisoner
taken in custody by the officers.
After the rendition of the decision, Mr.. Da-
ma, the counsel for the accused, and Rev. Mr..
Grimes, the colorcd preacher, made "a request,
to Marshal Freeman, to be allowad to accompa-
ny Burns to the cutter. After soma delay, word
was communicated to them from the Marshal
that this privilege could not be granted.
The same gentlemen the made request that
they might be allowed to have u few parting
words with the prisoner in his room. The Mar.
shall took time to consider this request also
, but, after long delay, it was virtually denied
being granted upon the sole condition that thu
officers should remain in the room, and ouerhea,
The conversation. The gentlemen of course re-
fused to avail themselves Of the opportunity un
der these conditions.
, We learn that another proposition was made
during the forenoon to purchase Burns, by par
ties DESTROYS to set him free, he to be delivered
up on board the cutter. We understand Mr.
!, Hamilton w Ills with others, was interested il
? this transaction--but through the advice of Mr.
! District Attorney Hallett, the arrangements fol
the transfer were not contaminated.
Just before the miserable cortege left tn
J, Court House, Messrs. Dana and Grimes mad
n another request to say few words to Burns il
the entry-way, but, by message borne by tn
younger Mr.. IIallett, this also was refused.
: THE PROCESSION.
: At quarter before 2 clock, Gen. Edmunds
of the city military, announced to Marsha
Freeman that all the arrangements had been cor
= summarized fcr preserving efder in the streets
T. clearing the thoroughiares, &c.
! The United States force, soldiers and volur
I teers was then mustered for duty, and forme
line of march, as follows:
Companies one and four of United States Al
=, . tillery; next company of United States Ma
II rines next hollow square, formed of volur
}. teers and special deputies, dressed in citizens
4 dress, with United States sabres in their hand
and pistols in their belts; next loaded 81,
FOUNDER cannon, served by United States troops
, and then another company Of United States Nj
ic rines. The whole was preceded by detachmen
# of the Boston LanceIs and Light dragons, ft
security in the streets.
= The procession being formed, the hollow squal
i. was conducted before the eastern end of ii
n Court House, when one of its sections entere'
!. and soon returned with the prisoner, the Ma
:, shall, and numerous deputies. The prison,
y looked bewildered, and was dressed in an enti
new suit, hat, frock coat silk vest, pants, wit
a blue-checked silk neckerchief. He was at ON
It conducted to the centre Of the hollow square, ar
:, the procession moved.
= BY this time the streets were again filled wi
70 an excited populace, the windows were thron
(; ed with women and men, and the house-tor
70 even, at every available standpoint, were cove
;, ed. The sensation was UNIVERSAL and profoun
~ But one note of execration came from their Ii
y that of Shame! % "-Shame ~ mingled wi
l. prolonged Kisses.
a. Passing down Court street, the processi
crossed the locality of the Boston Massacre
~ ITS, and the hoofs of Horses, and the feet
o. hired ruf6ans, as we'll as those of the Wet
Burns, trod upon the spot where died Chrisp