Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1855-06-14
IMPORTANT SuGITIvE SLAVE CASE.

We find IN the San Jose Telegraph the
following report Of an attempt at San Jose to
force back into slavery negro broug int into
California by his master. Considerable i'm
portance is attached to the decision, because
large number Of colored men were brought
into the State nnder circumstances similar to
those of the defendant:
1.-TWO weeks ago, we alluded to the case of
George Mitchell, colored boy, who was ar
rested and brought before Justice Allen, charged
with owing service and labor to one Jesse
Cooper, "a tennessee.
- Mits4N was brought INTO California in
tzS49s bsi II. tho adoption Of the State Con-
ssitutiSA tsnEs Cooney, and has remained
here ever sinee Fhe attempt to- carry him
away was made under the unconstitutional
acts of our Legislature, and the bogus deci-
sions of our Pro-Slavery Supreme Court.
Before Justice Allen, on the 18th April,
the counsel for the negro made application
for continuance for ten days, to enable them
to procure testimony. The further hearing
was accordingly postponed until the 10Th inst,
at which time the parties appeared, and a
motion was made to dismiss this case. Pend.
ing the discussion of this motion, the case
was moved from Justice Allen by habeas
corpus, and Michael was brought up before
the Hon. O.. P. Hester, Judge of the District
Court. In the argument before Judge Hes
ter, the negro's counsel made the following
points -
"1st. No State had the right to legislatt
upon the subject of fugitive slaves, and citec
the case of Pennsylvania against Prigg, lf
Peters United States Reports IL Illinois
Reports, Thornton's case; II Wendell. Jack
against Martin-all holding that State legis
lation on the subject was void.
I'D. They insisted that the Fugitive Slave
Law OF California expired on the l4th o
April and that the inchoate proceeding
commenced under it before that time coulc
not be finished on the 10Th April. That tn,
proceedings were roram non JUDGE, and thu
detention illegal and void. Numerous author
hities were cited on the point; one from Hi
nois Reports, and another from Blackboard
Indiana Reports, were especially relied upon
The learned Judge conceded with thi
view of the case, and declared the proceedings
subsequently to the statute, absolutely void
and that consequently Mitchell was Illegal,
detained. He was accordingly discharged.
1.-THE law auditory received the announce
ment with evident satisfaction.
"The case was ably argued and presente
by Alfred Cowles, Mr.. Clement and MI
Foster, for the negro, and by Mr.. Hall an
Mr.. Stafford for the claimant"
These proceedings occurred on the Nth
On the 2lstl snsthar- attampt was nate, ,
reduce Geolgs 10 slavery at San Francisco
In the report Of the proceedings befofe tn
United Statas District Court, Judge .Hofma
presiding, we find the following -
; IAN affidavit was made in this Court 70
the reclamation, under the act of Congress, O
an alleged fugitive slave of the name q
George, belonging to Jesse G. Cooper, q
Tennessee. The fugitive is claimed under til
, United States law, Judge Hester, of San Jose
having decided that the proceedings to reclaim
him, under the State statute, which had OK
pired. were void. The fugitive was brougb
here when California was Territory; an
!. the question Of law apparently is, whether tn
at of Congress applies to such cases. N
process has b@n issued as yet, but warrar
of arrest wilIbo probably taken out to-day.