Los Angeles daily herald., 1873-11-21
A BIT OF HISTORY.

A BIT OF HISTORY.
The Sacramento Record of the 7th
tells the following:
In the Spring of 1857 Charles A.
Stovall, a citizen of Mississippi, be-
ing in delicate health, determined on
trip to California across the plains.
He bro ught with him his body SER
want, a negro boy 10 years of age.
Stovall did not start out with the in
tention of remaining in California,
and in October, 1857, he arrived in
Sacramento. When he got there he
hired his servant out for month.
StOvall opened a school in this city,
which he taught for two months. At
the end of that time StOvall conclu-
ded to send the servant home, and for
that purpose took him on river
steamer for San Francisco, intending
to ship him by the ocean route, but
the negro made his escape from the
boat. Stovall made an affidavit be-
fore Justice of the Peace, who issued
his warrant and a police officer of
EFT House, kept by colored people, on
Third street, between X and l., and
turned him over to James Lansing,
then Chief of Police, of this city, who
locked him up in the city prison. At
2 o'clock the next morning Judge
Robinson issued writ of habeas cor
pus, directed to lansing and StOveall,
and on petition of Chas. w. Par
ker, Croker l. McKune appeared as
attorneys, Smith 4 Hardy opposing.
Judge Robinson heard the case, and
it was continued day or two. Mean
while Stovall filed petition with
United States Commissioner Geo.
Penn Johnston, calling on him to en-
force the Fugitive Slave Law. Wi
mans & Crocker appeared for the slave
in reply, and moved to dismiss the Pc
tition. Johnston took time to consult
Hall McAllister, United States Cir
cult Judge, and in few days referred
the case back to the State Courts. For
two weeks the slave lay in Jail, when
Judge Robinson released the prisoner,
and held his master could not retake
him. But Lansing detained the ne
gro and refused to deliver him to
Stovall, who petitioned the Supreme
Court for writ of habeds corpus for
the recovery of his slave. James H.
Hardy, appeared as counsel for Stow
all, and J. w. Winans for the slave.
The case meanwhile had excited great
interest, and the whole people were
aroused concerning it. 1t was the
subject of warm comment by the
press, and gave rise to many heated
scenes. Peter H. Burnett, Justice of
the Supreme Court, delivered the
opinion of the Court, and Terry, the
Chief Justice concurred. The Court
held that visitors for health or pleas
ure stood in different position from
travellers, and were protected by the
law of Comfy. The Court concluded
StOvall was neither visitor nor travel
er, but that there were circumstances
connected with the case exempting
him from the operation of the strict
rules, and although the rules of the
decision would be stricly enforced
thereafter, for that ease Stovall would
be protected in his property, and the
Chief was required to surrender the
negro to his master. He was escorted
by a strong force of police from the
Court room to prison, and three times
tried to escape into the crowd that
surrounded him. The next day officer
O'Neil was detailed to accompany
StOvall, and the negro, heavily ironed,
was taken in a wagon out Of the city,
a rescue" being anticipated. The
next heard of the matter was when
StOvall and the negro were in boat
on San Francisco bay, the boy ironed
to the front of the yawl and the mas
ter trying to get him on the steamer,
while an excited crowd was on the
wharf. A writ of hdbeas corpus was
sworn out; an officer sent out and the
slave taken from his master and
carried to the City Hall, an immense
crowd following him. The writ was
heard by Judge FreelOn a week later,
Judge Hardy and Colonel James APP
pearing for the master, and Colonel
f. d. Baker, f. o. Crosby and w. H.
Tompkins for the slave. On a motion
to dismiss the warrant of arrest as a
fugitive, Judge F. denied it, and
StovaH set the negro at liberty, and at
once had him rearrested by the United
States Marshal as fugitive slave, and
George Penn Johnston had the case
again brought before him. Meanwhile
the negro sued StOvall for $500 dam
ages for imprisonment and beating.
The case fingered for weeks, exciting
greater interest all the time. Wit
nesses were brought from this city,
and the trial was attended by an i'm
mense crowd. Finally, early in April
Johnston decided the case and releas-
ed Archie Lee, holding he was not
fugitive slave. All this was Is years
ago, and in that interim Archie Lee
drops out of sight. Yesterday some
boys were playing in the sand on the
YOlo shore opposite the mouth of the
American river when they discover
ed man buried in the sand, only
his head protruding. They gave the
alarm, and the chap was resurrected
and brought to the station house in
this city,. Arriving there he was
found to be sick, and said he had
covered himself up in the sand to
keep warm. He was sent to the
County Hospital. He was the hero
of one of the most exciting times of
15 years ago, the slave Archie Lee.
His career in this state began here,
and here it seems likely to end.