New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-08-13

The IsDIASA BLACK LAw.-The working of this
daboIical statute is well set forth in the following
case, which we find recorded in the Fort Wayne
Times Of the 9th inst:
Ten DAYS nco James p. Brown, a citizen of Ohio
travelling westward, stopped in this city and de-
timed here on business few days. This person be-
longs TO that prescribed and hated race on whose skin
Code sun has imprinted darker hue than on ours.
On the 3Oth day of July, Brown arrested on a
warrant from j. Il. Dubois, issued on information aud
complaint Of John HardeDdOrf. On Browns own
stateme NJ that he q citizen of Ohio, he con-
victed ard fined ten dollars and cost of suit. In
default OF payment he was committed to jail. A
writ of habeas corpus sued out aud this mat
ter came on for hearing before his Honor james
W. Borden at chambers on writ Of haoeas cor
pua, on Thursday, and finally determined on
Friday last. Messrs l.. NJ. Ninde and G.. Case ap-
reared for the prisoner, and w. w. Carson for the
State. The sheriff made return 10 the writ Of habeas
corpus that he held the prisoner by virtue OF the
miitimus Of j. B. Dubois, Esq. The mitmus set out
that james u. Brown, muatto and person of
"color was found in the county of Allen and State of
"Indana in violation of aw-whereupOn said Brown
was arrested and tried for said OiFense aud found
guilty TO this return Messrs. Ninde & use filed
exceptions alleging that it ehowed conviction for
any Offense known 10 the laws of Indiana did il
appear that any such final judgment had been rem
dered would authorize the issuing OF mittmus.
These exceptions were argued by counsel and sus-
tanned by the Court, his Honor holding that said mtn
mus did not authorize the holding of the prisoner in
custody Mr.. Case then moved that the prisoner be
discharged. Mr.. Carson interpOsed motion that the
Court proceed to hear evidence TO sustain the charge
against the prisoner and that he be held 10 bail for his
appearance al the next Common Pleas Court to which
counsel for defendant objected Both motions Were
ARMED at considerable length by counsel, aud the
Court taking the same under advisement, adjourned
10 FRIDAY morning at o clock. Money was deposited
az security for the appearance of the prisoner at the
time appointed, and he was permitted to 20 at large
FRIDAY morning prisoner appeared IN person aud by
his counsel, MIR Carson also appeared for the State
His Honor oveTruled the motion made by Mr. Case for
the discharge Of the prisoner and sutaned the mo-
non of Mr. Carson, deciding that he would hear the
evidence against The accused with view TO recognz
ing him 20 appear at the next Common Pleas 10
these rulings of the Court counsel Tor the prisoner eA
oepted Mr.. Carson then asked ana oDtlnei icuVe
10 file an affidavit of John Hardendori dated aug Z
1855 charging said Brown with being mnt0ffo ana
with having come into tue County and state on or
about July 90 1885, contrary TO Section lst OF the act
10 enforce the 18th Article of the Constitution, &c,
and proposed TO offer evidence sustain said charge
To the fling of this affidavit, and 20 the introduction
of the proposed evidence the prisoner by his attorney,
hitcted but his objections were overrned. There
uuon John Hardendoytf and DIR. Broker were sworn
and examined on behalf of the prisoner
Mr.. Case then addressed the Court, assuming,
among Others these positions:
l. That the Court had noPowerto investigate IN TINS
manner any charge save that on which Brown was
originally committed, set forth in the mitimus,
and that as had already been decided amounted to no
charge AT all. -
= That the ming OF an dinndNH CONTINUING nov
charge on the hearing of a habeas corpus, ana the
introduction Of testimony TO sustain 1t, was pro-
ceeding without precedent and altogether unwarrahed
in law. ~,
affidavit. and introduce The proof she had entirely
failed 10 make q case. "Ihe statute" said he " des-
gnates two classes Of persons and only two who are
rrohibited from coming into the State, VIZ Negroes
" III Malattoe', and beng highly P,AM S.a'u.e'
"eyery word and sentence of it must be strictly con,
strned Ii il contains words susceptible OF limited
cas- well as a more general meaning the hm'el l9,er-
pretation in favor of the accused, must prevail ms
nile OF construction was as old as the common "a"
and IA well established any of its venerae safe
"guanis." Adopting this rule, only full-hlooded
African. or his descendant snd halt-biood-hSn
white and half black blooded-are excluded oy me
tatnte and when prosecution is instituted under H.
the State must prove what she alleges, VIZ 10 TINS
case that the accused is a DlVldt0. She mas uuefy
failed to make such proof. Mr.. Case here cited eo
ster 10 show the strict meaning OF the WORDS negro anu
,o,,Loffo and read numerous decisions, Massachusetts
and Ohio Reports, wherein the definition oil WEBSTER
had been adopted by the courts in cases analogous
The Argument Of Mr.. Case was full, logical ana
conclusive and worthy OF TINS aoe, eaihes, anu ~"
EFT LAWYER and friend of humanity and hoeTty.
Mr. Carson on behalf of the State insisted at length
tia, tbe ,nteafiOu of the makers OF the Constitution
and the LEGISLATURE was 70 exclude all persons OF more
thar e5ltb negro blood and that this was eVideh'
on the statutes prohibiting such persons fro giving
tesiimouv and from intermauiage win whites
To his position of Mr.. Carson It was wen replied
by Mr. Ninde that from the very words useu oy tue
gisstnre In these last named statutes 1t was evl'
dently the Judgment of that body that the words
nsgre and ssulatto would not answer the purpose III
view; else why did they not use them
Mr.. Ninde replied eoquentiy and couciusSeiy 10 .,
every position assumed by Mr. Carson CLOSING a'
2P.M. ,,.., ~. ,o;,
His Honor Judge Borden, then delivered his opin;,
e. holding the construction of the statute conienqea
81 nv lie prisoners counsel 10 be correct and tha'
AS,ate HAVING tailed TO prove Brown TO be a mu-
hto or negro, he must be discharged. ordered ac'