Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-09-19
Col. James Golfers Case.
70 &c EditOrs ef the EDening P0sl:

10 the Editors OF the GpeIIthg 1SSt:
Permit me to correct some of the errors of cor
respondent for the Evening Post oil Inc 20th Au-
gust who writes thus;
ttMr, james Collier is again before the public
in perfectly characte IStic manner. HIS resi-
tlence it seems, is in Ohio; and when he was re-
Gently arrestedby the United States Mhrshal OF
that State, under the Indictment OF the grand Jury
of San Francisco, he managed TO sue out writ of
habeas corpus before ont of the state JUDGES
who discharged him from the custody OF the Mar
shall, and held Collier to bail in the sum OF S5UUU
to appear before him on the 9th September, on
some feigned suit invented for the purpose. Oh
screening him from the penalty ofathe United
States laws, which he has violated Inc State
Judge is Wing, and, of course, is conmver at,
OF most probably party TO, TINS scnene 70 lll"ats
the ends ofiustice, by bringing 10 punishment
most dishonest defaulter. Take 1t al! IN All II Is
ment among the Wings sustainS 1t, we can only
saw that it IS not all surprising that, as party
they are inclined to have little faith IN the caPacl
ty of man for self-government.
On the 18th ofAugpSt, Col. Collier was a!lestsu
at Steubenyille, by the Marshal of Ohio, upon the
warrant of the district judge OF that state requi-
ring the removal of the prisoner TO Calllothla' "
answer the charge of embezzling puDnc money
while Collector of the District OF Upper CalliotnIa
The Indictment COPY of which accompanied tle
warrant is predicated upon the 18th section oil the
Sub Treasury act and was found by granu Jury
of the District Court of the United States lor me
northern district of California.
The Journey to California, by Whatever route
atths season of the year, involves an exposure Of
health and life. The accused would be compel
led to remain there in prison, unless he could give
| hail several months before trial could be hauI
the term of the court being in December. many
perhaps nearly all, OF his witnesses nave Ietut.eu
and are now scattered over the Northern StatesI
and even if their attendance could be produced,
the expense which must be borne by the accused
would he enormous. These circumstances would
be sufficient to induce most men, whether guilty
or innocent, 10 resist being carried many lhousau
miles from friends, family and home, as prisoner
in advanced age and feeble health, unless the az
rest and removal were lawful.
Upon the examination of his case, Col Golfers
counsel, who are not Wings, wee satisfied that
| his removal to California, upon The warrant on
which he was held in custody, was not Lawful
that the District Court of the Northern District oil
California had nojuriSdlctlon OF the ohence cn"Is
ed against him--and that, citizen oil ohlo' ne
had a right TO appeal to the laws anu Jualciai
tribunals of his own State for pGotecuon against
an unlawful removal and imprisonment. by .her
advice, writ of hd6eGS corpus was sued Out be-
fore State court On return of the writ The case
was ready for hearing on the part OF the prisoner
and was continued on the application oil the Um-
ted States Marshal.
There was no reason TO appreLeud any escape
of the prisoner; there danger of mis- leaving
| Ohio II he could help it, and nothing could be
more hopeless than TO attempt to escape pursuit
| by the government; the court might, unueF Ihe
| Act of Assembly, have discharged him without
bail, he was ready and willing to give any amount
that might be requiled, and the court fixed what
was deemed sufficient, without the slightest OBJ
lection on the part of the government officers.
The judge before whom the proceeding was
/ ad is not "a whig,' he was not % connlyeI' nor
"a party' to the scheme, nor was there any scheme
to thwart the ends of JUSTICE Upon application,
the Judge was bound by law 10 grant the writ oil
habeGs corpus. His refusal would have subjected
him to a heavy pecuniary penalty and lmpeach-,
ment. The postponement was on application OF
the officer of government, the earliest day that
other engagements would allow being fixed for the
hearing, and the conduct of the judge wns, in all
respects, BETTING the duty of an honest magis-
| trale, and could not have been otherwise without
a fagraut violation OF law. In the State OF Ohio,
there is no one more distinguished than Judge
Jewett, as LEANED juIist, a sound Democrat, and
an upright man.
Whether Col. Collier be guilty or innocent, he
has the common rights of cnizen, and is entitled
to the protection of the laws; and although the
power of the press is arayed against him, there is
no propriety IN aSSailing the judicial tribunal TO
which he has appealed. 1t is not my purpose here
to enter into any defence of the accused, or to
discuss the grounds Of the proceeding that has
been had aud which is now pending, but my aim
is simplyto correct errors unjustly impeacLing q
judicial officer, and prejudicing the cause OF an
accused citizen, EDWIN M. STANTON.
i PrrTsBuRGH, Sept. 4, 1858.