The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-12-09
The SLAYER Echo Case.
ARGUMENTS ON THE WRIT OF HABEAs CORPUS.

The Court met at ten O'Clock precisely The prisoners
in the SLAYER Echo case sixteen number brought
into Court in custody Of the Marshal and his assistants
i The Court-Have you any return to make, Mr.. Mar
shalS
Mr. Hamton-If the Court pleases, have the following
return TO make to the writ Of habeas directed to
me Thursday last
The United States Of America Sirh Circuit District Of
Erpa,te-R Bates, Alexander Rogers, Archibald Scott,
William Henrys, Dominica Dellepiane George Paken John
y. Cope Antonio de Ameyda Jose de Costo, John Bar
her, Thomas Jose, John Pasco, Vital de Miranda, Jose
Gonzales Lima, Antonio Milanovch and Jose Francisco
United Staies for he District Of South carol,na:-
D. H Hamilton, United States Marshal in and for the
district or South Carolina, upon whom writ OF haoeas
corpus has been served motion of the parties herein
before named for return thereto and obedience to the
mandate of the said writ brings here Court the DO
dies OF the aforesaid prisoners and ceres TO TINS honor
able court that the said persons arrested by hun
the 2Sh day of August in the year Of Lord 1855
issued under the hand and seal Of Robert G. Glchrist Esq
Commissioner Of this Court for the district Of South Gu
charge of having violated the Attn and 9Th sections OF the
act Of Congress- approved 18th May 1920 and bring them
before him. the said Robert c. Gchrst TO be dealt with
| and disposed OF according to law.
That the persons aforesaid were brought before Robert
C. Glchrst, and an examination being had, were by war
rants Of commitment bearing date the 9th day OF Scpem
Der, A. d. 1885, committed TO the jail OF Charleston dis
trict, which said warrants OF commitments are as fol
The Un,ted States Of america South Carolina District
BY G. Giichrst, isq United States Commissioner IN
and for the district aforesaid.
To D. II Hamilton, ESQ., Marshal for said district, or
his lawful deputy, and to the keeper OF the common jail in
sai,l district
These require you forthwith to convey and deliver
into the custody OF the keeper OF the said JAIL the bodies OF
Thomas Joseph and Dominica Deepiane charged before
me- on the oath Of Joseph H. Bradford Lieutenant N
the United States Navy and others with being Of the
of brig called the Echo, owned by citizen or citizens of
the said United States and receiving board such yes
sci, owned aforesaid certain negroes not held to
vice by the laws of either Of the States Territories Of
the United States wish intent to make such negroes slaves
in violation of the fourth fifth sections Of the Of
Congress Of the said United States approved May l5
| 1920 declaring tie said offence piracy.
And you, the said keeper, hereby required TO re-
ceve the said Joseph and Deeane into your custody in
| the said jail, and them there safely to keep
Given under my hand and seal Charleston this 9th
day OF September 1855 and in the eighty third year of
| r. C. GILCHRIsr H. 81,
United States Commissioner South Carolina dsrict.
That warrants OF ike tenor and date were issued for the
other persons named in the said writ That this respon
dent under and by virtue of said warrants brought the
said persons, as committed TO Columbia al the present
term Of the Circuit Court of the United States ana that
they are now detained in the jail Of Rchand district IN
United States Marshal, South Carolina district.
Mr. Conner-I would submit TO the Court, If your honors
please, addition the return the dispositions which
the commitments based, and put them in evidence in
order that your honors may whether they offer sui
cen ground for the continued custody Of the prisoners
MIR. Spratt for the prisoners-f the Court pelses,
must oppose the introduction OF the testimony
which the commitments were made, improper at this
question TO be submitted to the Court is whether those
commitments are sufficient and valid II the proposition
to commit the prisoners again, then the intro
duction Of the testimony would be proper The only pro-
cess under which the prisoners held is the
mitmens. II the counsel desire to produce other facts
hereafter, will them thereon the right time
but submit that this stage of the proceedings the
dity Of the commitment itself is alone before the Court
Mr.. Conner-If the Court please, when a prisoner Is
brought before the Court writ Of habeas corpus, the
validity Of the commitment legal document Is not
alone to be tested submit that two points Of inquiry
before the Court Is the commitment legal and
the facts upon which is based sufficient TO warrant the
commtmepu Up TO this time your Honors know nothing
the merits this regards the evidence, and
learn them by other mode than by an examination Of
| the testimony which the commitments were made.
The usual mode of proceeding on return TO writ Of
habeas corpus to produce the testimony well as the
bodies Of the prisoners propose, IN addition 10 lay be
fore the Court affidavit watch shall move the
recommitmen Of these prisoners 10 jail
Mr.. Sprat-we shall present the objection TO the
introduction OF the affidavit that do the introduction
OF the evidence The commitment Ii judicial act done and
accomplished IL s the only act before the Court the
counsel desire TO behind that act and to bring before
the Court evidence adduced prior TO the commitment
Charleston when ourselves desired TO look behind the
proceedings anterior TO commitment. Objections were
made by the prosecuting COUNSEL and we were not per-
mitcd 10 do must still insist, therefore, IL your
honors please, that the only question presented TO
these sufficient 10 hold the prisoners The
proceedings proposed by the District Attorney not
order until that question decided nor until the prosecu
ton prepared 10 discharge the prisoners from their pre-
sent custody and attempt TO procure another commit
ment.
Justice wayuc-In regard to the introduction at this
time OF the evidence upon which the commitments
under consideration based far from the District
Attorney being wrong in the position he has taken
competent In all such FOR the Court TO call for aud
require the production OF the proceedings prior 10 the
mtments, in order TO see whether the commitments be
rghfuy made But the Court understands the objection
Of the counsel 20 extend also 10 the affidavit OF facts pro-
posed to be handed in by the prosecution. Surely Is
competent for the Marshal IN return 10 writ OF habeas
corpus 10 show by aidavts or otherwise that grounds
for the commitment exist doubt whether any possible
CIRCUMSTANCES can DC conceived which womb render IL
proper to deny the right claimed py the District Aor
Mr. Conner then read the following afhdavit-
Un,ed States Of Amertod-Sirt Circuit Disrir Of South
Curond James Conner United states District Attorney
the district of South Carolina personally appearing he
fore and duty sworn, dcpo.cth that, from the test
testify the behalf q the United states, the following
That on the 2is day q August 1859 on the high seas
the coast OF Cuba, the Dolphin, commissioned
sci Of the navy Of the United states captured brig sail
ING under the American flag That the hold Of said
brig fornd three hundred Africans: that the
following persons, now ~ custody were ~ the ships
company at the time Of capture. namely -i. T. Bates
Alexander Rogers, vata d. Miranda, Jose Gonzacz Lima
Archibald scott, Jose De Costo John r. Copell John Pas
| 60, Geo. J.. AIKEN William Hauryo Antonio Meanowch
Antonio de Almcyia John Barber, Thomas jose, Domln
Dcllcpiane, and Jose Francisco. That OF them
admitted themselves 10 he the master the mate Of the
That ships rapcrs, national flags found
On board. That the woras Putnam, New Orleans. 4
the stern Of The said brig, partially erased
| That the brig wa registered IN New Orleans
| as the American brig Putnam that she
| owned by y. G. Townsend. that r. c. Town.
send a American elite and board al the
time u the capture. that the said brig had sailed from
New orleans Tor the coast Of Africa the 6h day ~
March, 1865; that that the said Africans
received board that from the coast ~ Africa the said
brig, with the Africans and ships company board, had
sailed a. tho POINT whore she capturcd that her sig
nal for landing bad been made TO- and answered from
the Of Cuba that after the capture. the brig with
the parties named above, brought into the port OF
Charleston, M the district u South Carolina
Prom the evidence thus briefly rccted, aiant believes
above named 10 ~ charge of violating the fourth
and NH sections Of the act q Congress approved May Is,
| 1870
Aant further states that bills framed under said act
sent 10 the Grand Jury at the present OF this
court and the Witnesses above referred and
sent 70 the Grand Jury but that the said jury ignored the
1 bills
Aani has reason 10 believe and does believe that the
acton Of the said Grand jury not induced by the In
sufhcency Of the testimony but based the sup
posed invaldty Of the law under which the parties
| Indicted