New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-03-25
Jpaee, - ]4he report Of ths sherir and al,i-

$~Hlng c2utc sos "osioa's We s,~"s~,'
whicIh vas accordingly issued against one Hartwell
0cstlen, belonging to defendants party, on the
move for Texas, for contempt in attempting TO IN
duce two Of the minors 10 leave the Sheriff 9 Gus
tody, upon which charge Cottrell was brougn' Dc
fore the Judge, and required to answer intef'os''
tories.
As there appeared to be some perseSs who SYM
pathized with Smith-probsbly Mormons, OF whom
there Ia a considerable number in that part OF
Californis-the Judge, In pronouncing his final de-
cisien. went into review Of the case TO explain
the grounds of his original judgment.
After observing that Smith did not pretend to
CLAIM or hold the petitioners as slaves, he pro-
cee,1ed a. follows:
1--WE are. therefore, relieved from the distressing
eypbai rasnents Of former cases. arising out OF the
struggles OF the Legislature and the Courts to recon-
vile the letter Of the Constitution ana OF the system
Of municipal law which II superseded, with the comfy
supposedt be due TO our brethren OF the slave States
We have carried comity-aud, it may have been, q
sefse Of duty-to the full length toward the sister
States Of the South. Whatever may be said OF other
Free States there reasonable cause OF complaint
against California. Having done 60 much for CON-
promise and harmony, the Courts may nor tdH bacs
upon the Constitution, and MAINTAIN " an J"H V'g0T,
10 he oIteat of tier jurisdiction.
The claim Of guardianship set up BY the defendant
is thus disposed Of:
"Tbere Is no reason 10 dispute the kindness Of the
defendant in his former treatment OF these people, as
their master nor does appear that they have not
since lived agreeaby enough together. The two par
ties have doubtless been Of mutual advantage here,
and sheir labor which be has enjoyed, probably remu-
nernted him for their support; at any rate, as ne
must have had everything hls own way ne ingnt nave
been well remunerated looking at the urgent wants Of
this country for domestic servants. On this score their
accounts may be de emed fairly balanced. =.
at may be admitted that be has the ordinary quail
fcotions and, under other circumstances than the
esent might be the guardian of those under q years
of age ME weYe gong to continue his residence IN
California, be might retain the care OF them, ana,
perhaps receive unmoested the fruits Of their labor,
as Others are doing with Indians and occasionally with
persons of color For in the absence of good law OF
appreptceshp the law Of guardianship has been
literally construed in this section Of the State. Still,
legitimate guardianship, duly restricted he could not
ing round this anomalous claim, that, in passing, the
law governing this subject may be referred to more
distinctly The mothers of these minors would be
entitled to their guardianship, competent to manage
'their own business and not otherwise unsuitable.
laws D. 1855, sec. 81 No guardianship In itself IL so
sacred this There must be strong reasons TO dis
regard the claim 81 nature, even with persons OF the
class TO which the petitioners belong"
With respect to the pretended consent on the part
of Han nah, the Judge observes:
n NEUTRALITY-SUSPICIOUS.
To return TO Savery-ought to be established with the
highest degree of certainty II is not consistent with
our knowledge of human nature. Remember, 1t is not
the qualification of feeling that is involved, bat
the dearest interests for life, and for unborn genera
tions, of fourteen persons all of them minors save
two and these last possessing very Imperfect capacity,
and till now little aid to comprehend their interests or
their rights. Their condition must invoke the tender
est consdt ration of those who have to administer the
laws, and in TRUTH invites the sympathy of all gener
ous men,"
Hannah herself had not been present at the
original hearing, not having yet recovered from
her last confinement, but from careful examina-
ton and review of the answers given by those who
were present, the judge justified the conclusion
that if Hannah had ever consented to 60, it could
only have been on the assurances of Smith that in
Texas she should still be free woman, and that
she and her children should not be treated as
slaves but as members Of Smiths family; and, in
deed, from answers subsequently put in by Han
nah, it would seem that she mad acted not only I'M
der the influence Of this promise, but also under
threat of actual duress
OF the promise of Smith, Judge Hayes, whose
Southern experience is not without use to him, dis
poses in style that may tend little to open the
eyes of those unsophistcated individuals, on or of
the bench, who may imagine that every word
spoken by such claimants as this Smith is to be re-
ceved as gospel truth.
"No man of any experience in life will believe that
il was ever true or ever intended to be reahzedthis
pleasant prospect Of freedom in Texas Whether the
hattering illusion was produced by the defendant, or
other person makes no difference. The man Cottre
has been one Of the clever advisers in the matter as
bis answer to the attachment shews-and one OF the
most unscrupulous.
"Hannahw was not present at the trial. as to speak
for herse. From the evidence OF the Sheriff, with the
additional light afforded by Henderson, Barnes aud
Carpenter It is papable that the petition had her
knowledge and assent from the beginning. The cod
replies when sickness at length permitted her TO appear
are accounted for and If abe tell the truth, hunl-
ating spectacle is exhibited; and, whether she be cred
tied or not to the immediate Of her hestancy
mot her silence, for her very hesitation spoke vol
ume she is entitled TO be listened to when, breathing
eT she declares that she never wished 10 leave, ana
prdys for protection.
The Judge had already cited the California stat
ute against kidnapping, sukjectng that crime to be
punished by confinement In the State Prison from
one to ten years, of which statute of the sec
lions is in the following terms:
every person who shall bire, persuade, entice, de-
coy, seduce By false promises interpretations,
and the Ike any negro mulatt0, coiored person. TO
90 cut of tbs State or to be taken removed there
from for the purpose, and r the intent to sell such
negro, ETC., into Slavery involuntary servtude, or
otherwise employ him or her TO his omH use, or 10 the
use of another without tie free scW and consent Of
such negro, etc shall be deemed to have committed
the crime of kidnapping and be punished" etc.
And upon the statements now before him he gives
Smith, Cottren and their accomplices TO under
stand that if they persist in their efforts they may
make themselves liable under that statute. After
this iutimatiOn he proceeds as follows:
IL ;uta oft ha