The national Republican., 1862-05-28
rusatavs slave Matters.
THE HABEAs CORPUS CASE TO TEST
THB APPLICATION OF THE FUGI-
TIVE SLAVE Law TO THIS

/ ....I DAoAnAOA.
Before Olrcuit Court Of The District James
Dunlop, Chief Justice; James s. Morssll and
william n. Merrick, associates. In the matter
Of Wilson Copeland, claimed ~ fugitive slave
By Ignatius Waters, Of Montgomery county,
Maryland.
NJ. Dean presented 10 the court the petition
Of Daniel Breed Of this city, for writ Of habeas
corpus 10 Marshal Lamon for the di charge Of
the fugitive.
Mr. Dean preiaoed hls application by stating
that, In order 70 sllay public excitement In this
city, and 70 restore tho administration Of law
10 its proper tribunal, and Of protecting IL
loyal citizens from being kidnapped under the
color Of law, this application was made for the
cid Of thlscourt.
After bearing tho petition, the Chief Justice
said that the question which Mr. Dean proposed
10 raise, had already been passed upon, both
BY that court and BY the Supreme Court
Mr.. Dean answered that be still considered
this an open question, and was sati.fled, from
The examination which he had given Il, that
Copeland was Illegally held; that, at any rate,
Ibis writ, being writ Of right, could not be
refnsed by the court, when the application waa
made from responsible quarter; that Dr. Breed
had made this application in good faith, In be.
half Of the fugitive and under bis (Mr. Dean'.)
advice. He mad, this application in bank
Instead Of 10 single judge, 90 that In Gaze
either party was dissatisfied with ihe decision,
writ Of error would lie 10 the Supreme Court
He requested the court, before denying the
application, to allow him to be heard on H.
After consultation, the court set down The
hearing Of the application at nine O'Clock
Thursday morning, ct the Circuit Court Room,
The following are copies Of the papers In tho
case:
A
DIsrRIcr or CoLuxpIA, To Wit:
THE UNITED STATES OF AMERICA,
10 ne ka-sAai Of Ne Diaria ef Colu~tia-aresting:
whefeas a certain Ignstius Waters, a citizen
o. and residing in Montgomery county, In the
state Of Maryland, having made oath according
10 law that he is the lawful owner and possessor
Of certain negro slave named Wilson Copeland,
slave for life, owing service and labor under
the laws Of the said State Ms such slave for life
within the said State, and that said negro has
absconded and is fugitive from the service
and labor so due and owing, and is now within
your bailiwick:
Therefore, you are hereby commanded to
arrest the body of the said alleged fugitive, and
have him before me, \ commissioner duly ap.
pointed by the Circuit Court of the District of
Columbia, forthwith 10 do and receive whatever
may bo considered by me, a commissioner Of
said court. in the premises.
Hereof fail not at your peril, and havo you
then and there this writ.
Witness my hand and seal.
Issued this 2lst day Of May. 1862.
WALTER 3. Cox, Iseall
Commissioner.
To The honorable Circuit Court
Of Lhe District Of Columbia:
The petition of Daniel Broed, Of the City Of
Washington, respectfully represents that he 10
a loyal citizen Of the United States, and a resi-.
dent and householder In said city; and further
represents, on Information and belief, that vii
son Copeland Ia restrained Of his liberty and
impr risoned IN said city, by W. H Lamon, Unit
ted States Marshal In aud for the District Of
is restrained and imprisoned under color and
by virtue Of a certain process, \ COPY Of which
Is hereto annexed marked IA" that said
Copeland 10 not detained and imprisoned by
virtue Of any nnal judgment or decree Of any
competent tribunal Of civil or criminal juris
diction. nor BY virtue of any execution issued
upon such judgment and decree, nor upon any
order for an alleged contempt, nor upon pro.
oeedipgs a. for contempt; that said restraint
and imprisonment are alleged to be illegal in
this, 10 wit: that the act of Congress, passed
September ls, 1850, entitled I" An aot to amend
and supplementary TO the act entitled An act
respecting fugitives from Justice and persons
escaping from the service Of their masters y
approved February IL, 1893, under which said
restraint and imprisonment are made and had,
does not authorize them, nor are they author
lied by any other act Of Congress, nor by any
law.
Your petitioner respectfully prays, in behalf
Of said Copeland, that 4 writ Of hdbeds corpus
may be issued by this honorable court, in the
usual form, to the said Lamon, and that said
Copeland may be discharged from restraint
and imprisonment.
DANIEL BREED.
DISTRICT OF COLuMuIA, L.
County Of Washington. }ss.
Daniel Breed, In open court, this 9th May,
1862, affirmed and says, that the matters alleged
In the foregoing petition are true.
DANIEL BREED.
Affirmed TO In open court.
Test: JOHN A. SIXTH, @. &C.
9th May, 1862.
JOHN DEAN, Of council.
m ha Good klu1-AI,n r CEa n mn