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Indianapolis Gazette (Newspaper) - June 30, 1853, Indianapolis, Indiana Of a. Vail Mitt a Adl Prieto ind tank tote or thursday june so 1853. the no of a a Bemo Cral. A lha of Ftp Wylli be furnished to subscriber a a oni Jim Lur and fifty a a a a a per a by for one Yeai Lavarin Bly in advice. I a. Qty. A Quot a procuring a club of six shall receive a we a nth copy i is Tomu mfg on cml Juanm free i Democrat. To tip iut sent pcs a the Indiana free Demon it will a carried by mail a a he fou owing Low rates the Post to be paid quarterly in Advance either at the of be a to wilting or Deli cry any Post office a it Marion Countin. A to by Post office in the state of Indiana thre and a by la Tarth cents per Quarter or thirteen cents pet to allo or Jim of the United suites and Territo Tiesi six and a in of cents per Quarter or4w�nty-six Centre . J in anti is one Ceat to any part of the United. St Siiss if pre paid an two cent when not pre paid. recently added a Jol .0$ce to on fat amp we Are prepared to accommodate our friends and the Public generally. Who Mayi favor As Ecith a Call. We Are prepared to execute Aii kinds of Job work such As pamphlets pita logos show Bills Bank checks placards. Cut part Bills visiting and business cards Post is with neatness and punctuality. -. Tia is or the free a Bhe tabs eruption Price of the free Democrat is Only a in a Dollar and fifty cents per year in Advance an that any person who will procure six new Suhs Cri Quot Bise and Forward the Money for the same is a Nti a to Ted to the seventh copy Gratis. Thanking our a friends for the favors already sent we beg them not to weary in Well doing. We can print two or three Tousand copies More if we can have the names and the Money. Shall we head from you friends Money May be remitted by mail at our pro. Sided it is carefully enclosed in a sealed letter to have received some letters containing Money which were unsealed. If the Money should be lost under such circumstances we should not expect it to be our Case of John Freeman. We mentioned last week that John Freeman a respectable coloured Man of this City had been air pro he need As a fugitive slave and that his Case was pending when we went to press wednesday morning before Hon. Stephen major judge of the Marion circuit court on a writ of Hab eds a Trout. The proceedings had before judge a Joran the subsequent proceedings before commissioner Sullivan will be found elsewhere in this paper. The Case has caused great excitement and it would be strange if it had not. Freeman has re sided Here As a Freeman for nine years having came Here from Georgia in 1844. During this period by his Industry and uprightness he has secured the esteem of All acquainted with him. When Freeman came Here he brought with him considerable amount of property. He Deposit i we understand $600 in Bank he soon purchased property and married a respectable girl then in ing in be family of Rev. Henry w. Beecher. He. Has a family of three children not five As we or to Nechit by stated last week. By his Industry an frug Ity he has acquired property to the Amoum of four or five thousand dollars. The manner of Freeman s arrest and the inso Lencz of Thema Imant had no tendency to prevent excitement the cowardly officers who arrested Himi did so by resorting As usual in such cams t falsehood and deception. They represented t him that he was req i to go to the office of Justice of the peace to give testimony in a c wherein another coloured Man was a party. The St Ping for a moment at the office of or. Ketch a Kiich is adjoining a commissioner s office up Flim there apprehended and hurried Hetore Quot 0j�ini�8ioiier Sivan. was great Relac Taace to give Freeman opportune to consult coun my. Or. Ketcham appearing As one of his coun-�?��?�1 demanded oppo nudity to consult Hia client is Privati and he was reluctantly permitted to take Freeman into his office for this purpose. The consultation had continued but a few minutes be Ibre the claimant the his posse called at the door which Wasiw owed a became Ami Clam-9t0ui for his intended victim hot lifter the Deboi was opened by or e., and officer Stapp and his As stants seized Freeman with a Feroci that a Rould have done Honor to tirs and then hurried Hijo do in stairs a my to the court use to which place it a in commissioner had adjourned the hear Iii. Thither one of Freeman s counsel soon for lir tried when he arrived in court the claimant a Ellington was insolently Exa Jiining the Mouth of Freeman probably to discover certain Marks there in counsel reminder d the court and the claim a amp that his client a a Man and not a and a iat he i expected Hini to be treated As a Man. In a a a mean time. E to assemble and evident Quot that Pii Blic sentiment would re a ii a More Quot deliberate trial than the claimant a finite intended should be had. The subs Cueni pro dings Are Given by our he Poitier. It Jim a so la Ivan Esq., who issued the warrant did i of receive his appointment under the fugitive. Vve act but was appointed United states gom-.5mtebioner. For general purposes previous to the a Wii of that act. That act however gives commissioners the same Power on this subject As those appointed under the fugitive act we ave no doubt or. Sullivan is in ged in this. Icasas a not his own wishes. It was thought by �?�6m a Shatia the outs the manifested a desire to disuse of the Case Tob hastily. When in a this is tra or not we arc unable to say. Being called the consideration of the Case he a film rat Firat have mis apprehended his duty since return of the Case from judge major we think or. Sullivan has shown a disposition to do Justice to both parties so far As the Law under which he acts will permit. Counsel for the claimant desired Soine time for themselves to prepare for trial but died that the defendant was entitled to a moment s thine for his defense but out of respect to Public opinion they were willing to give thirty. Days which they thought a reasonable time to Fryman to procure evidence of his Freedom if any existed. The commissioner looking at the to be travelled deemed thirty Days not a Nable time and gave we think very proper Lynnine weeks from last londay which Day is Rait for the further hearing of the Case. To us the mattcr8tand8 at present. Freeman is a pwn jail. Marshal Robinson on monday gave is counsel notice that he should remove him to Flome a the place bit did not say where. The Ali Ipoh Banner of this morning tue a says we Learo is to be brought Down Frimi Indianapolis to Day for Safe keeping in the mail of this county for sixty Days., to have a Heanne at a a ��irati6b thereof on a writ of he bean corp a. Probably the excitement with respect to him in la i Anapolis a the moving reason of the change if Trimi Aaan is to be removed from this place it i win the a great outrage there is no necessity of Iris such removal there Are some Union Saiyang Quot a linkers buld like to provoke violence Toj her cd ild they would rejoice we have Naif they get up one we Are a a rain they it will have to get it up on their own Hook the a friends of Quot Freeman have no other de an to see a fair to tip a the counsel of free us make the marshal such propositions that a of a Weiye the condemnation Orff fishy Good i j if he refuses All., Ai i Temores. We Are ass Reffie we not Bej mov we shall Eri heat to i i our Reader 7s�lfijiic& a Biz rom fran s have Tho Iiga give in our report of the a Ascall the papers coun Tel of. Freeman filed with their were hastily select from to an a hindi similar ones in the Possession of Freeman some of which had counsel had time to examine., of Ira. Carefully they would doubtless have filed instead of some of those they did. These papers if they ire not a forgery show that Freeman is not Only a a ree Man but that he had the Confidence of those via whom he dealt. If this Man is a slave he Las been assured by Eis counsel that it would be or his interest every Way to so Ankuo led Feas he claimant not being ready for trial his from Ould then be purchased on fax parable terms. But be asserts most solemnly that he never was a Lave and there Are coloured persons in this City Soho say they have known him from a child and j now Hini to be free. Judge a Obs proper for us to a Tate that the opinion of the court in tie a use of Freeman is. Ellington As it appears in our report bras not made up from the notes of our reporter out die judge himself kindly furnished As a copy. The last paragraph As it was furnished us referring to the authority of com. Sullivan we have separated from the and inserted it in the proper place in the proceedings it having been pronounced by the court at a different time from the the . We Nejdat is still in jail in this City. We understand that the marshal has consented that he May remain Here so Long As he Freeman will pay three dollars a Darr for a Izard. The proposition of counsel to give Bond in any amount to secure him against loss by the escape of Freeman and other propositions which we have not time now to notice were rejected. great length of the report of the Case of John Freeman excludes several editorial articles this week and among the some further remarks on the Case itself. If we Call attention to the advertisements of r. Jackson h. Kellogg and f. W. Robinson Haufek s july number of this popular Magazine has been Laid upon our table by messes. Cox amp Mathis. Harper stands at the head of the class of magazines to which it belongs for Sale at Cox amp Mathes Book store. Reported for the free Democrat by j. W. Gordon fugitive slave Case. On tuesday the Slot Quot Day of june 1853,.onc pleasant Ellington formerly a citizen of the state of Kentucky but now of the state of Missouri filed an affidavit before Esquire Sullivan a commissioner of the a. A in which he claimed John Freeman of this City As his slave. The affidavit As originally written specified no time when the Regira or escape of the slave should have taken place nor does it still show As will be seen from what part of the state of Kentucky said Freeman should have escaped. The counsel for Freeman moved to dismiss the Case and discharge their client for want of the Date of the alled escape but the claimant was allowed to Amend his affidavit by inserting the Date which he did alleging it to be March 1836, the affidavit As amended is As follows United states of Aioo Uca the state of Indiana. Be it known that on the 21st of june 1853, personally appeared before me William Sullivan a commissioner of the United states for the state name of Sam alias John Freeman now in the county of Marion in the state of Indiana is the property of this affiant As he verily believes and that he owes services and labor Totne ant that he escaped from the services of this affiant from state of Kentucky where said services were due and escaped to the state of Indiana in March i8c6, where he now is As he Beli Eifes that such services and labor of said negro Mah Sam alias John Freeman a a due this affiant and he the said Sam was held to services and labor of this affiant in said state of Kentucky at the time of his is unsuspecting Man accompanied theml Oliba Offia of Esq Sullivan the United states commissioner. Wherefore this affiant asks that a warrant May Issue and said Sam be apprehended on the claim of this a it and forthwith brought before said commit Winner and the custody of did negro awarded to the affiant pleasant Ellington. Sworn to and subscribed before me this Slot Day of june 1853. We. Sullivan com. Of the u. For the dist of Indiana. On this affidavit the commissioner issued the following writ uir4te it stars of am Suva the District of Indiana it to the manual of a Aid a District greeting whereas pleasant Ellington has on this Twenty first i of june a. A 1853, made oath before me. Win in a Sullivan a a a missioner of the United sly Tes for the said a District of Indiana to the following facts to wit that a negro Man by the name of Quot Sam Quot alias John free Mim now in the county of Marion in the state of Indiana is the property of said affiant Ellington As he verily believes and that he owes service and labor to the said affiant that he escaped from the service of pm said affiant from the state of Kentucky where said service was due and escape to the state of Indiana where he now is As he belie ves that such service and labor of said negro Man Sam Quot is due Thi said affiant and he the said Quot Sam was held service and labor of this affiant in said state of Kentucky at the time of his escape wherefore he said affiant asks that a warrant May Issue and said Sam be apprehended on the claim of said affiant and forthwith brought before the commissioner a a. Tou Are therefore hereby commanded forthwith to a St the said negro Sam alias John Freeman and him bring before me said commissioner at my Chambers in. A icily of Indianapolis there and then to be head and disposed of according to Law. Witness my hand at Indianapolis this Slot Day of june a a �o853. We Sullivan com of the u. A for the dist of Indiana this writ was served by Constable Sta Pip acting Deputy. Marshal of i the us under the special Appo moment of the commissioner and the following return made thereon by said Stapp to wit i have arrested said Sam and now have him before said commissioner june2l8t, ls53, James a Stapp. While Freeman s motion to quash the affidavit was pending before the �ommis8ioner,3his.counsel procured a write a a Haber Kupus to lie issued which writ and the retort thereon is As follows state of Indiana a Marion coun to Benjamin Pilbean and James u. Stapp Tou Are Here commanded that you. Have the Boydjr of John Freeman by you imprisoned and detained As it is said together with the time and cause of such imprisonment and detention by whatsoever name the said John Freeman idl be called or charged before me Stephen major judge of the Marion circuit court forthwith at the court now in the court House in the City of Indiana.pol�o8, to do and receive what shall then and there be considered concerning the said John Freeman and have you then and there this writ. In witness of which i Hereunto do affix the Seal of said court and subscribe my name at Indianapolis this 31st Day of june 1853. We. Stewart clerk. Byju of. 0. New dept. The state of Indiana Marion county to Stephen major by virtue of the within writ i now bring said slave alias John Freeman before you having a Bev. Staff vol. 2, p. 195, Sec 723, they a Lac ked that they might have an Opportunity to Jesu it with their client. Freeman. The Cour inst cited the sheriff into whose us Tody he was delivered to give counsel every facility to consult Thi prisoner consistent with his Safe keeping and gave them until to Morrow 9 o clock a. M., to plead to the officer s return until which time the cause was adjourned. Wednesday june 22. On Quot wednesday morning at 9 o clock the parties again came before the judge Kut Freeman s coun Tel had not been Able to get hold of the writ of hah eat Corpus and had not consequently been Able to prepare their pleas to the return thereto. For Rhey were thereupon To plead. At 3 o clock a m., the court Ariun met and the counsel for Freeman filed the fo7l�wing4 ideas and number of papers alleging and show ing slut he is a Freeman and has been for More Ihan so years Jqhn Freeman 1 on a writ of Hareas is. Coptis returned before James a Stapp amp Steen major judge Benjamin Pilbean and said plaintiff Johnf Man in answer to the return made by said Tapp says As follows 1st. no writ of an ind whatever attached to said return As All nor any copy of any Leeal writ returned therewith. 2d, no Legal writ Ever issued from said William Sullivan in said return alleged. 3d, said William Sullivan mentioned in said return was not at the time of the issuance of said pretended writ a commissioner of the United states for the District Indiana nor was he authorised to Issue any such supposed writ against said plaintiff 4th, said James a Stapp was not at the time of the imprisonment of said plaintiff by him the said Stapp and Pilbean. Nor was Pilbean nor were they either jointly or severally authorized by Law to serve said pretended writ or any such writ nor have they been so authorized at any time since 5th, and said plaintiff avers that the facts set Forth in. The affidavit recited in said pretended writ so far As the same Are intended to apply to this plaintiff in any shape or form whatever Are untrue and wholly false. And he most positive Controvert the truth of said facts therein states and utterly denies that he the said plaintiff is now or Ever was the property of said Ellington. He also denies that he now does or Ever did owe service or labor to said Ellington As alleged in said affidavit or otherwise however. And this plaintiff avers that he now is was at the said time alleged in said affidavit of said Ellington to wit March 1836, and always before that time had been a free Man 6th. The plaintiff further answering shows that said Ellington is not now nor has he been for Long time a citizen or resident of the state of Kentucky but on the contrary thereof is now and has been for a Long time past a citizen and resident of the state of Missouri and that by the Laws of Kentuck said Ellington not being a citizen or resident of Kentucky is not authorized to take into said state any slave or person owing service or labor. 7th. And the plaintiff further answering that on March loth eighteen Hundred and thirty one he the said plaintiff was a free Man resident in the state of Viig Nia a cd As evidence thereof he refers to the certificate of Langley a Jennings of the 15th March 1831, signed by the description of la Jennings a copy of which is herewith furnished and that on the 23d february 1832, he was a free Man resident of the state of Georgia to which he had previously removed and that on the said 22d Day of february 1832, Creed a Jennings son of said l. A Jennings was in accordance with the Laws of Georgia and their requisitions duly appointed the guardian of said plaintiff by order of the Superior court of Walton county in said state at the request of said plaintiff. The certificate of the clerk of said court is referred to As evidence of said fact and a copy thereof herewith furn hed. That on the i9th of january 1837, this plaintiff was a free Roan in said Walton county an3 that on said Day before the Hon. Inferior court met for county purposes present their honors Warren j. Hill ters Briscoe and Dickinson t. Halliday it appearing to the court that Creed , the former guardian of John Freeman a free Man of color has removed from the state and the said John having appeared in open court and requested that the court appoint Warren j. Hill Esq., guardian in the room and Stead of the said Creed a. It was then and there ordered that said Warren j. Hill Esq., be and he was thereby appointed guardian for said John Freeman. And this plaintiff refers to a certificate of said record Given by the clerk of said court under the Seal thereof and furnishes a copy thereof. This plaintiff also refers to and Reyes upon As evidence of his Freedom the two separate certificates of his said guardian. Warren j. Hill Given respectively on the 31st March 1837, and on the 20th May and which Are As follows Quot this is to state that John Freeman is free and i am in Hopes that no Pawson will not interrupt him on the Road where he May be travelling As his Home is in Monroe Wilton county and i am his guardian and live Given him leave to travel with or. Ealy the Way to Alabama. March 31,1837. Warren j. Hill guard. Is the said Joh having appeared in a court and requested that Quot the court appoint Warren j. Hill Quot Dian ill the Quot room arid Stead of the said it is therefore ordered that Warren j Hill Esq., be and Heas hereby appointed guardian for said John Freeman. The above is a True extract from the minutes of the Superior court of Walton county Georgia Given under my hand and Seal of office this 12th july 1844, w. W. Nowell Cut. I c w. A the paper of which the a Ove is a copy has the Seal of the court of Walton county Georgia. It has also been Reco de in the recorder s office of Marion county ind., As appears from the following endorsed on the Back of . Received Fot record nov. 27,1849, at 10 o clock a Mand nerd Book s. Page 5�7, of the record of tie deeds of Marion county. Is. Stephens r. C. M024r0s, june 9th, 1838. John Freeman the bearer of this by profession a Painter disposed to seek employment in the adjacent counties begs to be recommended to those strangers whom be Dispo to employ him which i do most inc serf buy As i consid deserving Pati nage the Confidence and Patron at of a Liberal Community and can recommend him As pretty Well skilled in his profession and of honest industrious and steady habits a id recommend him to a kind and hospitable reception among those he May Cliance to go among v Warren j. Hill guardian. By Ford j. Hamilton. Romsoe 24th do a amp a 1839. Deab sin i Send John Freeman a of a uan of color after Perry i Hope you can spare him a few Days to come to see us and i will Send him tack. If it will not be too inconvenient be so Good is to feed him and his horse to night As i have Given him no Money to pay his expenses at a tavern. Your com Diance will much oblige our unworthy Friend James Caldwell. P. A. Freeman is considered a decent cat ble Man for his Lite action and standing in society her Ai i j. C. The following papers were also filed. No. 1, rec d january 9tb, 1838, of John Freeman eighteen dollars and sixty five cents in full of All demands to Date. Walkes a Holliday. No 2. 2d january 1838, rec d of John Freeman eighteen 89-100 dolls in full of his acc t. Pau web amp a luaus. No 3, rec d dec 26,1837, of John Freeman five dolls 56 cts in full of his Book acct Bissell. A Moscow. No 4. Moio Ioe april 15th, 1937. George , to a it Din Freeman or. To painting $3.50 no. 5. $5,00 rec d of John Freeman five dollars Cash returned us May 22d, 1837. Pau web amp in Liams. No 6, rec d Monroe july 10, of John Freeman ten 62-100 dollars in full of a. For g. W. H. Murrell or j. H. Hubbell. No. 7, rec d of John i Beeman four dollars 25 cents in Fuu of hiytec�itr8hrl6th january 1835.&Quot h. Amp is Tolan sox no 8. Rec d of John Freeman seven dollars 56 cents being in full of his account with Egbert b. Beall in his store april 22d, 1837, chs d. Davis att y for B. Beall no 9. Duplicate of a deed Gobo a Walton county this indenture made this 15th january in the. R. I no. 29.3r.5 revived oct �4th, 1843, Oiin Dollar Freeman for value received. A. Quot by h part and John p. H. Briscoe All of said county of the other part witness eth that the said Warren j. Hill guardian As aforesaid for and in consideration of the sum of one Hundred and fifty dollars to him paid hath bargained and sold and by these f resents do barn and sell unto the said John. H. Briscoe his heirs and assigns a town lot in the Village of Monroe containing one half acre More or less known in the plan of said Village by numb forty nine 49 be ii the same where the said John Freeman now resides together with All and singular rights meal was. And a Purtz Nancy to have a id to hold the same unto the Sai it John p. H. Briscoe his heirs and assigns to his and their own proper use Benefit and be Hoof forever in fee Sii be and the said Warren j. Hill Guai Ian As aforesaid the said lot of land Imd premises into unto the said John a h. Briscoe Nis heirs and assigns do by these presents War rant and forever defend Nagunst the claims of All persons whatsoever. In witness whereof the said Warren j. Hill guardian As aforesaid hath Hereunto set his hand and Seal the Day and year above written. Tabben j. Hux guardian for John feb Zsak. Signed sealed and 4elivered in the presence of j. Hill n. N. Johnson j. A c. No. Lars 75-100,. 9k. Of Jno Freeman two Dol for the i 0. A be Kincs 1838, feb y 20, Recd it being for his tax for the year 1836. Glob la Walton county a no. 10. Thesis to certify that the bearer John Freeman rec d of w. J. Hill agent for Jno Freeman is a free Man of color lawfully emancipated has his tax for 1839, $5.40. B. C. Cooper t. C. Been a resident of this county for the space of _ _ no. Twelve years or More and is a Man of steady habits and honest character. Therefore he is privileged to Trade for himself and it is hoped will not be molested. This 20th Day of a 1844. Warrenj. Hill guardian. And As further evidence of his Freedom this plaintiff refers to a Large number of papers receipts &c., Given in the course of business trans actions a copy of which is herewith forwarded All of which Are genuine and in the Possession of Unis plaintiff. Barbour amp Epburn. State or Inoia a Marion county. $ personally appeared in open court the said plaintiff. John Freeman and being duly sworn upon oath says that the new matters contained in the forgoing answer or Pleadis Are True in substance and fact. John Freeman. Subscribed and sworn to in open court june 21si, 1853, we Stewart clerk the following Are other papers referred to this is to let the Public know that John Freeman is a free Inan and he has engaged with James Dabbs to go with him to South Carolina or Georgia with a horse by the name of Ball Hornet to sell him As said Dabbs expects him to do so. In Case the horse is sold that said Dabbs discharge said Freeman As soon As he Sells said horse that he May be remanded to my custody that May execute said writ a commanded by taking said slave alias John Freeman by fire said William Sullivani commissioner aforesaid to be dealt by As the Law required said writ so issued by said Sullivan is made part of this return and is. Marked a. 4ames,h St up. James h. Stapp do say Ripon my oath that the above return is True James Stapps. Subscribed and sworn to before me this 21st Day of june a. P. 1853. We. Stewart Elk. Upon the return of the writ of to Teai a Freeman s counsel asked time to plead to the re turn unde the Fonow Mac provision of the a Sof Indiana Quot the plaintiff May except to the sufficiency of or Controvert the return or any part thereof Oral left any be a Mattei in avoidance the be verified except in cases of commit Elton a Quot a ass soon As the season is Over that the said Freeman is to return backs to me in brun8 Wick county defaced for about an Inch by wearing so that it is not legible. To Titis language is used to make it a pass Bacic. Yir Ainia. March 15,1831. Tit James Dabbs. A b. Jennings. Gioe Oia Walton county to the Hon Oracle the Spehor court of said county the petition of John Freeman amp free Man of color humbly show eth that he is a resident of Walton county that he is drat tute of a guardian in said county or use were and that Creed Jennings a citizen of the county aforesaid has consented in writing to become the guardian of rec d of . Hill his tax for the year 1 John a Freeman. A Mark. Be Bedat ,j83jil, Georgia Walton county this certify Iii that i consent to become the guardian of John Freeman a free Man of color residing in said county feb. 22.1832. Creed Jennings Geo Boia Walton county a i John a Lucas clerk of the sap or Cor for said county Cert the above to be a thie extract taken from the minutes of said court this 8th of january 1838. John p. Lucas. From the papers now in Possession of John Freeman andr from what i have in of him for two years i believe him to be an holiest upright Jonau As , Man of his color and this much i can say he has 4ays bore a Good character Ever since i was acquainted with him and i so think he deserves god treatment from the Public if any free Man of his it color Given this 8th of May 134, Jan a Dabbs. 1 monday 9th Iii Saiy 1839, the Honi sugar court met for county present their honors Warren j. Briscoe Dicken Sonja. Holiday. To to the court that Creed Jen and no cd i we Fortner Gui Ian John Fri or Naff a free Man of color has removed ii in the Stike Anil received of Warren j. Hill guardian for John Freeman Twenty five dollars and Twenty four cents in full of his account for 1838. January 7183�. W. J. A a j. Hex. No. 12. Ardian for John Freeman 6,6. We. Hinton t. A no 13. Rec d of John Freeman $4.83 cents in full of his tax for 1841. David Jackson t. A no. 14.3 rec d of John Freeman six dollars 62 cents in full of his This 12th january 1836, h. Air is Tonlinson. No 15. Rec d 22d january 1839, of John Freeman a free Black Man three dollars amp 62 cents in full for account up to 1st instant. L. R. By web. No. 16. Rec d of w. , guardian of John Freeman fourteen dollars and 71 Cente in full for 1843. April 1st, 1844. Akins. No. 17. Mrs. Mary Bailey you will please pay to John Freeman 93 cents and this shall be a receipt for the same. W. L. Dabbey Deer. 22d, 1838,. No. 18, rec d of John Freeman five 50-100 dollars in full of his acc t 2,1837, Hill a Beale per Chas Beale. By the first Day of january next i promo ice to pay James Mcrae Nineteen dollars and fifty cents for value rec d. December 27,1837. John feb texan. Per we Hill this note has written across its face Quot settled in full 11th March 1839,&Quot and Marks drawn through the names of the signers a rep no 20,1 Reci d March 11,18, of John Freeman thirty five dinars and 40 cents in full of his acc t to Date. T. I. Pc w. J. Hill. No. 21. Rec d of John Freeman eight dollars in full of All demands to Date 27th january 1841. . . Rec d january 27th, 1841, of John Freeman ninety four dollars and four cents in full of All demands to Date to us or either of us. . A j. Amp b. L Hill no. 22. $7.68 rec d of Jno Freeman col Man seven dollars and ninety eight cents in Fuu of his acc t this 26th Deer. 1837. Jno a Lucas. No 23. Rec d of John Freeman seven dollars and sixteen cents in part 6f5 acc t for the year 1834. T. J. Amp . His i. No. 24, rec d of Warren j. Hill guardian of John Freeman one Dollar and seventy five cents for Adver Tising three lost notes feb. 20,1838. Alvon Chase. No. 25. Rec d 1 Jan., 1840,.of John Freeman nine dollars do 3 cents in full of his account to Unis Date. D. Johnston amp son. No. 26,j rec d of John Freeman five dollars in acc t june 19th, 1839, . Johnson. No 27, rec d of John Freeman nine dollars 871 cts in reyment of Hia a a t for 1839, Jan y 23,1840. W. A . 28.j rec d of John Freeman his account in full to this Date Jyh. 10-1843. Ait Faasii. I Siili a to amp no 30 rec d of Jolin Freeman fie dollars in full of his acct this i5th Janait i840. Noah in rec d 11 january 1840, of John Freeman col d Man two dollars and 37 cents in full for Brewer Ronney s account and 87 cents balance due to myself. S a bbl Reb. 32. Robert Johnson. To w. J. Hill guardian for John Freeman or. 1842, feb. To 1 pair double Soled shoes 3.00 Quot it solving boots1.00 nov. Repairing and soling boots 155 or. By due Bill on Jas. Banks for $555 155 $4.00 upon the filing of the pm the counsel for the claimant asked inspection that of inspection of the Ori Al of and for time to reply to the pleas Aid. After some unimportant observations Between counsel the court gave claimant s counsel until to Morrow morning 9 o clock to reply thu sat Sune 23, the court again met at 9 o clock in die morning. The counsel were not All present but the court refused to await their arrival. A. Liston was therefore compelled to proceed. He accordingly moved to set aside All tie pleas of Freeman sub the fourth on the ground of Irry Levan by and because they set up matters Over which the state had no jurisdiction. This court it was urged had no right to go beyond the return of the Marsh provided that he showed that Freeman was in custody of that officer according to this motion was made As a prelim Nair step and or. L. Announced his determination to demur pro Vida a his motion should be overruled. He object Ted to the 5th plea on the ground that it was double a bring Dot that Freeman was not the slave of Ellington Theolai Nunt and that he was a free Man. It was objected to the 6th plea that it was insufficient because whether claimant was or was not a citizen of ky., was wholly immaterial to the merits of the Case now before the court while the 7th plea was merely a special plea of the Freedom of iceman and raised a question not within the jurisdiction of the Courti to decide. In support of his to tim or. Liston read copious extracts from the Ca of Prigg v. The com Mon Eidth of Pennsylvania and Inte larded his readings with remarks to show their relevancy Quot Quot Quot Quot a pay whether United state s ant Wity of the state Courte was at an end. Or. Barbour replied going at length into the Case and meeting or. Liston on Bhe practice of setting aside pleas upon motion and a jurisdiction of the court in the matter presented by the pleas. He considered the cause first As one arising under our state jurisdiction and having no reference to any other or Superior jurisdiction and showed that in such Case the Power of this court to go into All the fact which were pleaded was beyond question. The Power of the Jud and court under the old English Law to int into fact was not As Broad As the Powers conferred by our statute. By the terms of our statute the Petitioner May except to the sufficiency of or Deiy the facts stated in Theja Etu or any part of them or allege any new matter in avoidance. Upon the question of setting aside these pleas upon motion it was Clear that our practice would not it. Neither of the pleas subsequent to the fourth reached the question of the Validity of the warrant issued by commissioner Sullivan. The new matter set up was certainly pertinent and he believed material. The claimant was bound to take Issue on the fact or the Law arising from the admission of the fact. He then examined the question whether the court was ousted of Ite jurisdiction of the Case by the return of the writ of Hareas Corpus. He insisted that the court could not get rid of the Case by setting aside the pleas. Theste tute authorized this pleading hence the court could not do otherwise than try the issues which the party had tendered. It was vain to say that new matter might be alleged in avoidance if every fact in uie return Mich were avoided were notwithstanding to be taken As conclusive and oust the jurisdiction of the court. Hujran the question of Paramount jurisdiction of the United states Courte he contended that the Power of the state court to try these questions is not taken away by the terms of the Constitution of the United states or of the fugitive slave a Law. He showed by reference to other cases that As Long As the person arrested asserts his Freedom and the question remains undetermined the state Courte were competent to try the question of his Quot Quot Quot Quot fact of the in Dethe state ousted he that pet Sam writ a mountie a to n no. There was Ion in his opinion Fiat went to that Point. Rhe an amp Oritia referred to cases fast if Slayer was admitted. Here i twas in ii. That. Very que stick for the Termini. It was a fundamental a ii stood a �09 to first principles of All free Gove Meius. It win essential to state sovereignty. For it we went to War with great Britain in 1812. Or. A s speech excited great Enthen Siam in the crowd and called Forth loud applause. The court interrupted him and desired him to proceed in a Leas declamatory manner. He desired or. A to produce an authority in support of Fiir to position. Or. Siirid there was none against it and Dured to know if the presumption was a St the lilt to of Ihu citizen. He then concluded by enforcing his position by various illustrations and reference to decisions in the Cirenio cont of the United Esq followed. After thanking or. Mar All for his kind we Able Effort in the ease he referred to the idea of Hareas cus�?4o the extreme jealousy of the la ast restraint in the Liberty of the citizens that it iras from. The sovereignty of dependence and be state gave the right to protect her i till in a. It was the solemn duty of the Courte to do so. When the question is determined or admitted in favor of the claimant then and not till then a authority of the United Stetes is exclusive and every citizen and state tribunal must submit to it. This is right and cannot Lead to any conflict. The gentleman had read extract from the opinion of uie sir Oreme court of the United states in the Case of Ragg v. The state of Pennsylvania. There was not one word of that Case applicable to this. In that Case there was no question As to the Freedom of the party claimed. He was the admitted slave of the claimant. Here the fact Are directly the reverse. The claim is resisted the servitude is denied new matter is set up in avoidance of the return to the writ and the Freedom of the party arrested Mcm to positively asserted. He was at a loss to know How the extract read by the in Leman Ever found their Way into the revised statute neither the legislature nor the Courte nor the people of the state of Indiana had Ever denied a right of the master to take a a it arson admitted to be his slave out of the state that they were there he considered a disgrace to the statutes and a disgrace to the authority that appended them to the statutes. But it was contended by the gentleman that Freeman had been arrested by virtue of a warrant issued under authority of a commission that it Wius and must be in sex Parte proceeding that neither the Ner nor any state tribunal where the party is Ari Ted had any right to investigate the Case further Diane to hear or examine the evidence offered by the. Claimant that testimony on behalf of the person arrested and claimed could not be heard. In answer to this he alluded to the orig Iii and history of commissions in England to try rebels and. Traitors and confiscate Vij estates. He showed that the Rule applicable to Quot Asch commissions could not apply to this. We my Ink to our own usages and Laws to the constitutions and statutes of our own county and construe slave Law by the Long Esti Lis a and acknowledged principles of our Juri Radence. It is an in amp Bible Rule that both Par tips slip la be heard in All trials that Export pro need info est re depositions and testimony even taxi paid judgments do not bind the a on although they May bind pro try. There is noting in the Constitution of the United states or in the la3c.of Cut a Igrec i inconsistent with construction but the Law of Cori Gress i re sly provides in to in sixth Section that the testimony shall be the Laws of the state if the Law was Suchu is contended in Ite provisions it would be abominable but As it is the abomination consists not in the Law but in the construction Given to it. He had no complaint to make of the Law. He thought that the construction of the Law contended tor if Given by any court or judge ought to be cause of impeachment. The supreme court of the United states have decided that on a question of slavery or Freedom the same rules of evidence prevail As in other a ases concerning the right e gentleman would demur to the pleas he would argue the demurrer As applicable to the return then inquire How a return showing a warrant Only and not an affidavit would author ixe the court to Send the Petitioner Back unheard or. J. G. Marshall of Madison then made a Deal and forcible Sperath in favor of the jurisdiction of the court in this Case. He said that it was conceded on idl hands that the fugitive slave Law did not deprive the citizens of uie state of their right to the writ of Hareas Corpus. The whole nation had asked or. Attorney g Crittenden to say whether the fugitive slave Law has suspended that writ in cases arising Gunderia and he Nad answered that it did not. The Ste was not required to deliver up any person not held to service in another state. Before the Law operates upon the state she had a right to know whether the person claimed under it was a slave or not. Her authority ended Only when that fact was admitted or proven. But until then she had a right to resist the claim. The state was a Sovereign and As such had a right to determine who were her citizens and say How the question of citizenship should be tried. There was no Power in the world that had any right to Mark our citizens but the Soverel to to which the belonged. She had established the writ of Hamit Corpus to determine who were entitled to Freedom and who were not. That writ was left in full Force by the fugitive Slagt flaw. It win it the right of All her citizens. But if heard under it if it was to Quot a. No Bort or i Imam Midi taif fax Diach in in erty _ _ in Ite Eye regarded As imprint him it we not to be then referred to. Sec. 9, Art. 1, of the Constitution of the u. Providing that the Quot priv Quot Quot Quot of to in a a. Of Hareas Corpus Shallna be suspended Quot a of the amendment to said Constitution to article 4 of showing Quot the right of the people be secure a Quot Quot a then alluded to the fact that the Case of in their he Priggs. Pennsylvania deciding that state Lysla tires had no right to pass Laws tar the reclamation of slaves was the origin of the present fugitive Law since under that decision there would he but one officer in the state the District the Law of Penns ahranian having been passed in Aid of the Law of Congress. And Furt stated that this Case had nothing to do with the question before the court since this was a Case not under the provisions of a state Law to reclaim fugitives but to secure the free Man. Here the Judy interrupted him saying that there was but. It Hie Point and that was As to whether he was authorized to go behind the return of the officer to this it was replied that the state was a Sovereign and had fixed the Mode of proceeding under a writ of Hareas a is our Law was not like that of Pennsylvania not even on the same subject. He then took the position that the Constitution of the u. Was an express Grant of Power and that this Hareas Corpus was reserved to the states and people referring to sections 9 and id of said amendment. He then stated that this reserved. Right had been exercised by our people in their statutory Hareas Corpus provision that Congress had never passed a Law on the subject and that our statute must rebate the exercise of the right and it provides that the plaintiff Quot May except to the sufficient part thereof r. Then plaintiff had a right to set up the fact that Freeman was not a slave and to try the question of his identity with the Man claimed in proceedings before the commissioner and hence this plea should not be dismissed the fact of the. Officer s return not being conclusive under the provisions of our Ste Tutoky Hareas Corpus. He further Urc a that the court had no right to dismiss the sixth answer which set out the fact that Ellington the claimant was a citizen of Missouri and that he had no right to reclaim Freeman As Owin Quot Servic to Himin. .kentucky4.the Laws if Kentne forbidding the import urn of slaves into that state. The Law of Kentucky was read showing the prohibition to import slaves into Kentne except m cases where the slaves Are inherited in that state or on a visit there with their master or have been hired out in another state. It was urged that the fugitive could not be governed by the Law of Missouri and the master i forfeited the right of reclamation by removing. A mtg. Ketchan followed at considerable length amplifying and elucidating in a most fiver Fri manner the views of or. Marshall. He dearly showed that his position led to no conflict Between the Laws of the state and those of the. Uni states but that the Only question was one not of Law but of fact fury within the jurisdiction of the state of fhe court. Ippoli Congress in the judges of the circuit and District Courte of the a. S., and in judges of the Superior Courte of territories the Power and authority to a fifty into effect the provisions of that Law. Neither this or any other act of co Ess confers such Power upon a state court or officer. Nor is there any act of the general Assembly of Indiana who a a i even attempt to Vest such Power in any her officers or tribunals. Under this act of Congress commissioner Sullivan issued his warrant for the apprehension of John Freeman a Man of color upon the alleged und that he owed service to pleasant Euin Tou tor the purpose of having him taken before the commissioner that the right of the claimant to his services might be investigated. While the alleged fugitive was in the Deputy marshal s hands by virtue of that warrant and before investigation was had before tie commissioner Freeman was brought before me on a writ of Hareas Corpus to which the Deputy. Marshal made his return allying that he had in custody by virtue of said warrant issued by said commissioner. Freeman answered the return by Controvert ing it a by setting up his Freedom and Controvert ing Islington s Rit to claim him As his slave. Treeman s counsel contends that a judge of the circuit court of Indiana had jurisdiction to m beyond the warrant of the commissioner Andrev the evidence and inquire whether he owed service to Ellington or not. In other words that t can substitute myself in the place of commissioner Sullivan and proceed to hear the evidence As to whether Freeman was Ellin a s slave or not which i had prevented him mgt a hearing by virtue of this want of Hareas Corpus. It is cd tended that circuit judges pc sess this Power not by virtue of any act of Congress not by virtue or any act of the goner a Assembly of Thia state but by virtue of the state sovereignty of Indian and Lier duty and Power As such to protect her it Zens from improper and ill a re8trainte.and it atm Compaq to the right or the United states to re Sist British aggression in impressing our seamen and 2d. Upon the following clause a the 723d Sec. Of 2 r. Of la., p. 198, relating to write of Hareas Eoj nil Viz Quot the plaintiff May except to the sufficient to of or Controvert the return or any part thereof or allege any new matter ii these positions Are i tenable for the following reasons 1. The state of Indiana has surrendered Titis attribute of to sovereignty As shown by a portion of the second Section the fourth article of a Constitution Nady Quot no person had to service or labor in one state under the Laws thereof. Of with Fop Tive Dave Ign Tea a a a Eor Paa act Ribote Rafe reito 195,2 r.s., it a rides As fou own Ige am i Namre in fie us of him where a a Tena Boqi Iii in either of tie cases Follvir-1. Upon process issued by any court a a. Of the United states Whest a lies de or judge has Oil naive ups did the commissioner so. Diction Over fugitive slaves is a cd fore. Win flu thin tfaehespr89 a Aqa ios tote. As to tie question in hand it Vainuu trial whether the or in was Vamp a i Gay airy in Oft to amp of the Curie a thus bring her office in Cid Linon i i of the United i Stiesi Quot Foj Aown that if tiie general Asater re Fifita a Law in exp Tesa Tenna an that Egv her tribunes or officers to Quot Quot whether a Fui pure from lab Man or a slave that so the ,0&eril Assembly would be void and no Jet Dafia offie would Cihiy it out for that reason Bea Theis to Ca cer would not be Safe in Almal were i to exe Jum diction Over Tia discharge Freeman whereby Hees Caj to nid Render myself per Natty Spon sible the a Taii for his value provid axeman waa Sla. R Lam Atla loss to Buraver what. Make to Freeman to ave the i _ he was a Freeman or wed Sirice to Vest gated before me. Rather that hse Fem Cis Van com. Sullivan will Quot head the.&Quot Quot can be adduced for and against pm do no More. I am satisfied that i hav Noti got Ali. Lightest Shadof of an a ii tee into canes an invest Tion. Com. Suluvan his an sift m led by my investigating the suly Iribe it &i8taid of Uoo Sunivan. Quot Amer the Judy opinion the Case we a submitted to Ali Iota. Plea denying that Esquire Siil Litah Wais cominis sooner under the act of Congress. The proof Stib fitted on that Point Waal follows 1. A amp of ctr of the circuit court of the United states a deaf a he Spring term 1850, in june which Leada thu Quot William Sullivan is. Appointed a under the act of Freeman s Cound objected to the admission of this record because it did not specify the pow trs to exercised by the appointee nor we under the fugitive slave a but before Ite up Sage. Or. Liston replied to the Recti Ltd and Iii de that it did not matter whether his Appah Blumit was made before or after the passage of the Law. As the Law had adopted Cummi stoners a Lri Lily appointed nor need the Der specify the Objet acis or the appointment. The Gen enl Nanie cute in us sooner included All kinds of commission a Muhln support of his views he urged the of Giti Vete Laws. Or. Ketcham replied supporting his Ousec tip ii by various views and. With great Torce. He a the coded by saying that no appointment conf lying Stich immense ression Sivility could or Oug Ttoe held valid without specifying the objects for which it was made. \ the record was finally admitted of the party to whom such Semcer or Laboray be 2. The Case of Prigg v. The ? Mon Width of Pennsylvania 16, Peters r. C. U.s., rep., p. 539, Settera and Pute at the question of Juiris diction Over fun Tives from labor in favor of the exd Sive jurisdiction ill the United St cd and that no state Legi Dation can Coherd it and consequently no state officer unless he is vested wit ii aut Bority by act of Congress can exercise any jurisdiction Over of fre of or Avery. In the Case of Wright a. Deacon s s. And Rawle 62, it was held that the Errit of Home rep Giardo did not lie to try the right of the fugitive to Freedom though on the return of the fugitive to tie state from which he fled his right to Freedom do to cause neither the my Shaw nor his Deputy was in the City. He was then asked by or Keu am when be was elected Justice of the. Peace j or Liston said no question could. Arise in this investigation As to whether or. Sullivan a so Law filly commissioner or not. The Only Way to try that question was by writ of quo warranty. The judge Quot i suppose the last office vacates the was then proven by the proper records that William Sullivan was elected a Justice of the peace in october 1851, and was sworn inti that office on the 6th Day of october of a Muf i and that he subsequently on the is Day of Koi ber 1851, was duly sworn under the Eirew coins tits to i. The constitutions both state and Fede i then referred 4o As forbidding the Faddis Glt to film of Trust or profit by the same Penk ii i and to the . _ at 8 o clock on saturday a for ii no the Juge decided this Point As follows Quot whether com. Sullivan is really Acona Tisai Ier or not is not a question that cd be inquired into in this j. V at the time of this Rulin of the court the pm Oner was ref handed to the custody of tie my no he of the u. For the District of Indiana been Deg rap de was now Preseau into Roperia pm to Ona. The marshal there upon made a eco now ing return to the writ muted Quot states of Amekia District of Indiana -1 Pretum this writ to United states commis sister. William Sullivan who , and report that the body of said Sam a met la Freemy was this a Jor pred dirt judge of a gift ii a a de so a it of the state of Indiana before whom the Sud Ana aus been taken on writ Ofha was Corpus issued by said president judge m be 21st instant and since then till now by ii tor of said judge he has been in the custody Oil the or Iff of Marion county. State of Indiana Aind it fir ther report and return a at i now hold the by Ofsa Nasam it _ alias Freemy subject to the a of said United states commission Del Jno. L. Rof Orsono u. Marshal Dis. Of ludic amp a. Indianapolis june 25,1853. V. And the cause was cent med until to if . The parties again met before com sell Vire at the tiny appointed. A for. Walje sed at tiie fugitive Ibe Hatji into court. It. = the court the Marshall will produce a. Who upon the May Hal John l i amp Niimi Nve directions. To a., party of his Jmc to Ili Iii Freeman into the court housed asked that the cause be a Loti Nail a until next wed esd a or for two Weeka Ito Cunik Ellington to prepare for trial. It he had Nio spiff a a to Mue but asked it As a matter of Rit the court required him to uce writing whirl he Didi tie motion pm i Mitten out was that the Caum be Cir i us Dun i monday two weeks to ended the Claing i to to ice de portions to establish Hia claim Baccof Dong Toff a acte Congress in such cases made Aasu or. Peteham for the prisoner moved a a Ellington to show cause Pii next my hdm a Weij he8h<xdd net give sect my for a a Tel he a Wib non Redden of this state. , he read the Rule of the circuit Coio fat. For this circuit Tothy to of dict to the Law of con is to enable District and or Cuit Courte to make such roles. I a or. Wipple add no Law of con Bress re qom it if it did it would be in to detion of to Cupi stint Ion of the u. S Jse do Allum to the tim Mary character of the proceeding in such eat Eaas a reason no such Nile in old fax git a and said that a ii Mant had a Lead or Piir a the if Abr she $50, and was ready to Payco a a Faas the right x. Robi Wisott Marsh by idled on. Said he had received f50 from important Quesi. Case. The fugitive slave Law contemplate of a fair investigation. This would Call for the Tiku of Dep Duons and Laige expend it of not Only by the Clemant but also by the Difu fugitive. Suppose after the accumulation of i Coste this claim should be Defeated and the might be tried. In relation to the Case of Prigg v. Oner rde ased who Diall pay these co tet Jive the common we dts Pennsylvania there is the following language in a note to 1 Kent s com., p. 445 Quot it was there de dared that the National government in the Abs a ice of All pod Tive provisions to the Chi Tiray was bound through Ite proper department legislative executive or judiciary As the Case might require to Cany into effect Ful the Righte and duties Imp Ltd de upon it by the Constitution. Any Legisla Tion by Congress in a Cue within its jurisdiction supersedes All state legis lation and impliedly pro bite Quot the Constitution and jews of the United a secure the right to the owner Tore Lam Fugie slaves against state 1 Kent s com., p. 273, note there is another Well established principle which bears on the question under consideration namely that no state can control the exercise of Wiy Auti Jority under the Federal government 1 Kent s com. 451, this question is settled by several decisions of controlling authority Quot no state Tribune can Indiere with seizures of prot try made by Revenue officers under the his of the United states nor interrupt by Procew of Mlevin injunction or otherwise the exercise of the auth it to of the Fednerd officers Quot 1 Ken s com. 452. Quot a the officer of the United states who seize or the court which awards the Procew to Wize he Jim diction of the subject matter then the inquiry into the Validity of the seizure bongs exd stavely to the Fednerd Job. Taken few gtd at a a at a Man was a slam be tie Zenerd a Weibly off site a a was proven Jum diction Fly into a Aing to Confer Power on her Haven right to the services of the offic Irith-6ut compel on. They Are to Bis Ondein Inifi or will they Idease us we in ii Tiqui de right to their services and we Aalto Hete cured against the payment of costs Wahidi the Clemant compels us to make. Or. Liston to whom Bond be payable 7 or. Ketcham to Freeman. He is a i Piip to be made Safe. He is flt a Ved to make the Coate acid if the aim is false he Sipold have myi aug Diilio him who combed Hin to Niit a we. A the Clemant under the direction diff Kom Sel pulled out a Perm and empty him Ful of Gold coins handed a Plaiston who with great pomposity a it a the commissioner it the same time Sayin a i is the utmost amount Jou can Dema of us a the Coste of others we to pay just Jui int As they May accrue. aim. Shall be decided Nagunst the Zaimant your Honor Back of he also add Thi he Choeu not argue the motion nor. If ruled to a Temor Coste Woodd the Diamantia any a Rcpt a i Mic Vethia deep Sci a compari Jin remarks Aire att us Unbe Oono in Thi Catt _ a Ivga Tito the a diag that the a finer Ironald be to Der tim in

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