San Andreas independent., 1858-03-13
G.Be notptnoent.
SATURDAY,...... MARCH 13, 1853
The SLAVE g ARcHr .,,-somo. IT,

SATURDAY,. MARCH ia 1859
The SLAVE "ARcHY.''-Some time
since we published the singular decision
OF the Supreme Court, in reference to
"Archy, Z the slave of Mr.. Stoyall who
wished to leave the State with his prom
erty Since, the whereabouts Of this
slave, (what a singular expression in Cal
norma was profound secret, but finally
1t leaked out that he was in the Stockton
Jail, where he remained some time until
populariexcitement should be allayed, and
suflclent means raisedt to carry him home.
On the Orizaba, (steamer of the 5th of
March, } it was planned to effect this ar
rangement; accordingly, the slave was
taken overland to Oakland from Stockton,
and thence in small boat and put aboard
OF the steamer but, presto, change
slave and master were both prisoners, and
sent ashore, one for being the victim of
an unconstitutional decision, the other for
kidnapping.
That our readers may be perfectly in
formed OF the exact facts in the case, we
annex the following, from the San Fran
cisco Globe.
!" Mr. Stovall had taken passage for himself
and Archy on the Oriza6d, and it was at first
proposed to employ a sail vessel to place them
on board the steamer outside the Heads. Mr..
Stovall, however, was induced to believe that
lhere was no reason to apprehend that any
steps would be taken in this city to prevent
ms departure with the slave; but to avoid
giving any occasion for interference, he deter
mined to go on board after the steamer had
LETT the wharf. Iu the mean time the negro
league of San Francisco, having information
OF the movements of Mr.. Stovall had taken
measures to defeat his plans. At the suit of
negro named James Riker, we'll known to the
frequenters of Steve Whipple's establishment
writ of ha6eas corpus for the person of Archy
was granted by Judge Freelon, and at the
same time warrant for the arrest of Mr. c.
A. Stovall, on the charge of kidnapping, was
issued by Justice Austin, also at the suit of
Rikern
The correspondent of the Sacramento
Union, under date of March 9th, says:
c. A Stovall was arraigned this morning in
the Police Court, on the charge of kidnapping
Archy Lee, the alleged slave. The warrant
on which Stovall was arrested was sworn to
before deputy County Clerk, instead of
proper judicial magistrate. This being the
case, Col. James, counsel for the defendant,
hat ha
ground that the warrant was insufficient to
hold him. Judge Coon took the same view of
the matter, and dismissed the case Of course
.Stoyall can be arrested again on proper
warrant. In the Court Proceedings in the
Alta this morning, find the following specu-
lations as to how Judge Freelon will dispose
of the Archy slave case:
T" There was much conversation in legal cir
cles to-day, as elsewhere, about Archy and
the writ on which he was taken. Some law
yers said, Archy must necessarily be remand
ed to StovalPs custody on the exhibition of
the certified copy of the decree of the Su-
preme Court, and that if Judge freedom were
to declare Archy free he would be liable to
punishment for contempt of the highest Judi
cial tribunal of the State. Other LAWYERS said
on the contrary, that Judge Freelon must dis
charge Archy, and that he would be sustained
by the Supreme Court in so doing, for these
reasons
lst. Stovali did not remove from the State
with Archy by the first steamer as he should
have done. re
I'd Stoyall has grown older and regained
his health since the previous decision, and.
therefore, it would not be proper now to vio-
late the laws for his benefit 4N
Sd. The petition on behalf of Archy is en-
tirelys different from the previous petition
that was for the benefit of Stovall; therefore
this is new case, and is not governed by the
decision the first case.
4th. Judge Burnett gave notice that he
would decide the next case just the other way,
and as this is another case, Judge Freelon, out
of respect to Judge Burnett, ought to release
Archy.