New-York daily tribune., 1858-09-15

A second move is now in progress at Charleston
in relation to the SLAYER Echo, the object being now
not to seize upon the negroes but 10 release the
crew. For this purpose, writ of habeas corpus
Ia the Marshal of the District TO produce the crew
of the vessel in confinement in the Charleston Jail
before the Judge of the United States District
Court, was applied for. The petition for this writ
alleged that the prisoners were confined BY virtue,
as il was said of warrant of arrest some other
mandate issued by United States Commissioner,
charging them with some offense against the United
States. the particulars of which had not been COM
muncated To them; that they were committed on
the 2sth of August and hsd been held till the 9th
of September, the date of their petition, without
any examination before any magistrate or any evil
dence against them taken in their presence, and
they prayed for the writ in order that the Marshal
might show the pretended causes of their custody.
The District-Attorney, in objectins 10 the issue
of this writ, stated that the prisoners were now in
JAIL under commitment for further examination;
that the magistrate was entitled 10 reasonable
time within which to complete his examination,
and that when that examination should have been
concluded and final commitment made, il would
be time enough for the prisoners to have their writ
if they wanted it. II was denied, on the other
hsnd, that the prisoners We're held under = COM
mitment for further examination. There had not
yet been any examination. The petitioners had
been committed under sn order TO arrest them and
bring them before the Commissioner, but had been
carried to Jail. and had never been before the
Commissioner at all. If they had been brought up
before the magistrate and il had been found
ssry 10 defer the examination for short time he
would have been suthorzed To do So, and TO CON-
nit them from day TO day til the examination was
concluded. But that was not TIL. case. They
could not be- committed for further examination.
because there had been 70 examination at NIL
The District-Atiomey insisted in reply tbs. the
prisoners were arrested. were brought before the
magistrate, We're committed for further exsmns-
ton, aud were in jail under that commitment.
The wri, having been i-sued, snd the prisoners
being brought into Court, before the return
read they put in petition reciting the statement
made by the Dstrict-At;orney. that the prisoners
had been brought before the Commissioner deny
ing thst fact. resffrming the statement OF their
petition, and praying for writ Of certioran 10 be
directed 10 the Commissioner. 10 certify 10 the
Court whether there ever had been any exsmins-
ton before him. and if he should pretend that there
had been, then to certify all the proceedings and
particulars Of H. when and where, who Was pres
snt. who was examined, and the testimony in writ
ing and especially whether the petitioners were
present and informed Of what was going on. In
arguing upon this petition. the counsel for the
prisoners stated ,hs. they understood ths, the
Msrshsl would. in bis return. SET up commitment
By the Commissioner, but this commitment, they
alleged, was entirely a bogus afsir; there never
hsd been the sghtes, hearing or examination and
the object of the certiorsri asked for was Ia bring
out that fact. The Judge reserved his decision on
this petition. and the return was then read. in
which the Marshal set forth his authority for
holding the prisoners warrant from the Commis-
sioner. addressed to him and TO the Keeper of the
Charleston jail, rec;fing that the prisoners mad
been charged before him. on the osfh Of Lieutenant
Bradford of the United States Navy, with being Of
the crew of the brig Echo. engaged in the slave
trade in violation Of the act Of ls20. eh ll3.
405, and directing the Marshal to commit them to
Charleston Jail, and the jsilor Ia keep them for
further examination.
The sfidayit of Lieut. Bradford, annexed to this
commitment, merely stated that the Echo. being
taken possession of by the Dolphin, proved TO be
slsver with a cargo Of negro slaves on board, and
that the prisoners composed the crew.
The next day the Judge declined to grant the
eertiorari ssked for making this decision without
reference to the return. and on the ground that I'll