New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-05-10

the purpose of taking the train then nearly due Tor
Wheeing-guarded by large force OF special aepu,
ties all armed with loaded and cooked reviewers ana
other paraphernala appropriate TO Their deectADle
oocupatiop. A large number Of blacks had preceded
the sarrage to the depot, and its arrival there an
assault was made, with view OF reseuing the prs
oner. Many of the assailants fought bravery, ou.
thew were speedily dpersed-the bystanders without
reference TO political preferences voluntarily aiding
the officers in maintaining possession OF the fugitive.
In the ARRAY every weapon that could be secured was
brought into requis!tion and clubs and stones were
freely used on both sides and three or four shots
were fired by the officers but without serious results
After the excitement at the depot, writ OF habeas
corpus was served on the Marshal An investigation
was had before Judge Marsh, and after argument the
Court said the only question made by counsel was the
unconstitntionalty OF the law and the sufhcency of
the certificate granted by the Commissioner to the
claimant. We quote Tho Courier:
Upon the first point il claimed that the law
was Unconstitutional in the provision comforting upon
Commissioners judicial powers, and upon the second
point that the certificate granted to the claimant did
not comply with the requirements of the sixth section
If the act of 1850 Fugitive Slave law and did not con.
fer upon the claimant authority TO hold the alleged
fugitive.
The Court had no doubt Of the unconstitutionality
Of the law in that respect but insomuch a. had re-
ceived the sanction of the Supreme Court OF the
United States and of various Circuit Courts, II was
not the province of this Court TO put It's own nerpre-
tation OF the law in opposition to such decisions. The
only remaining question in the case to be relied upon
by counsel was to the regularity of the certificate
granted 10 the claimant II claimed that the GER
cates did not set forth the substantial facts of the
labor or service due from the alleged fugitive to the
claimant and of his escape from Virginia to Ohio.
The rule of construction which the Court held in pass
ing upon the sufciency OF the return and certificate
was Of the tricest character the Judge holding that
unless such certificate complied not only with the spirit
but with the strict letter of the law, II was his duty TO
discharge from custody. Under this rule of nterpre
tation he held that the certificate strictly within
the letter Of the law and he accordingly remanded the
fugitive into the custody of the Marshal
The fugitive was held by the Marshal and his posse
until the next morning, when he placed board
train and conveyed back to Slavery, thus saving the
Union The Courier remarks:
1.-THE only practical result Of the proceeding, aside
from sending human being into lifelong bondage,
was the disgust inspired in the bosom of all intelligent
and well-disposed people for institution which
CURED such dsgracefu proceedings to sustain it, and
to transform those who for patry pittance became
its willing creatures into
"'-fxed figures for the hand Of scorn
To point its slow unmoying finger at