The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-05-31
IMPORTANT FUGITIVE SLAVE CASE.

|
We find in the San Jose Telegraph the fol-
lowing report of an attempt at San Jose to force
back into slavery a negro brought into Calsfor-
MIA by his master. Considerable importance
is attached to the decision, because a lirge
| number of colored men were brought into the
| State under circumstances similar to those OF
| the defendant:
1.-TWO weeks ago, we alluded to the casa of
| George Mitchell, a colored boy who was arrest
ed and brought before Justice Allen, charged
with owing service and labor to one Jesse Coop
er, of Tennessee.
Mitchell was brought into California, in
lS49, before the adoption of the State Const1tu-
ton, by one Cooney, and has remained here taer
since. The attempt to carry him away 'aas
made under the unconstitutional acts of Our
Legislature and the bogus decisions of our
PrO-Slavery Supreme Court.
"Before Justice Allen, on the 18th April, the
counsel for the negro made application for
continuance fer ten days, to enable them to pro-
cure testimony. The further hearing was &C
cordingy postponed until the 10th instant, at
which time the parties appeared, and motion
was made to dismiss this case. Pending the
discussion of this motion, the case was mo7ed
from Justice Allen by habeas corpus, and Mitch
ell was brought up before the Hon. G. T. Hes
ter, Judge of the District Court. In the argu-
ment before Judge Hester, the negro's coupf1el
made the following points:
"lst. No State had the right to legislate ufsn
the subject of fugitive slaves, and cited the se
of Pennsylvania against Prigg, l6 Peters's I ii
ted States Reports; ii Illinois Reports, Tho ne
toms case; IL Wendell, Jack against MartiI &
all holding that State legislation on the subj ct
was void
"2d. They insisted that the Fugitive Sl We
| Law of California expired on the 18th Of APP Ii;
| and that the inchoate proceedings common. ed
| under it before that time could not be hnisl I'D
on the 10Th April. That the proceedings w re
coram non JUDGE, and the detention illegal I'd
void. Numerous authorities were cited on t is
point: one from Illinois Reports, and anot er
! from Blackfords Indiana Reports, were es e.
| caly relied upon.
"The learned Judge conceded with this vi W
of the case, and declared the proceedings, s! b.
seouently to the statute, absolutely void, 8 Id
that consequently Mitchell was illegally deta u
ed. He was accordingly discharged.
"The large auditory received the announ e.
ment with evident satisfaction.
"The case was ably argued and present ID
by Alfred Cowles, Mr.. Clement, and Mr.. Fost IT,
for the negro, aud by Mr.. Hall and Mr.. Static I'd
| for the claimant
These proceedings occurred on the 18th. TN
the lst, another attempt made to reduce
| George to slavery in San Francisco In the
report of the proceedings before the United
States District Court, Judge Hoffman presi-
ding, we find the following:
"An affidavit was made in this Court for the
reclamation, under the act of Congress, Of Sn
alleged fugitive slave of the name of GeorG e,
belonging to Jesse c. Cooper, of Tennessee.
The fugitive is claimed under the United Stat %
law, Judge Hester, of San Jose, having decid d
that the proceedings to reclaim him, under Il e
State statute, which had expired, were voit.
The fugitive was brought here when Californ a
was Territory and the question of law appe
rently is, whether the act of Congress applies p
such cases. No process has been issued as " |,
but warrant OF arrest will be probably take 4
| out to-day" y