The Daily Nashville true Whig. [volume] (Nashville, Tenn.) 1851-1855, 1855-08-03
From the Philadelphia Pennsylvania, July 2s.


Opinion Of Judge Kane in the Wheeler Slave Case.
UNITED STATES DISTRICT CoURT-Judge Kane.
The two questions of contempt of Court and
perjury in Passmore Williamson, in not obeying the
commands of the writ of ha5eas corpus and in
making an alleged false return thereto up for
decision yesterday morning. Judge Kane deliver
ed very learned and exceedingly able opinion in
relation to the subject.
The U. s. 4. cr.reL Wheeler Us. PGSsmore WI
Earnson-Sur Hdbeas Corpus, 27h July, 1866
Colonel John II. Wheeler, of North Carolina, the
United States Minister to Nicaragua, was on board
a steam boat, at one of the Delaware wharves, on
his way from Washington, to embark at New York
for his post of duty. Three slaves, belonging to
him, were sitting at his side on the upper deck.
Just as the last signal bell was ringing, Passmore
Williamson came up to the party-deciared to the
slaves that they were free-and forcibly pressing
Mr.. Wheeler aside, urged them to go ashore. he
was followed by some dozen or twenty negroes,
who, by muscular strength, carried the slaves to
the adjoining pier; two OF the sleeves at least If not
all three struggling to release themselves, and
protesting their wish TO remain with their master;
two of the negro mob in the meantime graspng
Col Wheeler By the collar, and threatening to cut
his throat if he made any resistance.
The slaves we're borne along 10 hackney coach
that was in waiting, and were conveyed to some
place of concealment; Mr.. Williamson following,
and urging forward the mob, and giving his name
and address to Colonel Wheeler, with the declsra-
ton that he held himself responsible towards him
for whatever might be his legal rights; but taking
no personally active part in the abduction after he
had left the dock.
| allowed writ of hd6edS corpus at the instance
OF Col Wheeler, and subsequently an alias; and
to this last Mr.. Williamson made return, that the
persons named in the writ "nOr either OF them, are
not now nor was at the time of issuing OF the writ,
or the original writ, or at any other time, IN the
custody, power or possession of the respondent,
nor by him confined or restrained: Wherefore he
cannot have the bodies" etc
At the hearing l allowed the relator 10 traverse
this return; and several Witnesses who were asked
by him. testified to the facts have recited them
The District Attorney upon this state of facts
moved for Williamson's commitment, /, for con-
tempt in making false return; 2 to take his trial
for perjury.
Mr.. Williamson then took the stand to purge
himself OF contempt. He admitted the facts sub
stantally as in proof before; made it plain that he
had been adviser of the project, and had given
it his confederate sanction throughout. He renewed
his denial that he had control at any time the
movements Of the slaves, or knew their present
whereabouts. Such is the case, as it was before
on the hearing.
iusory-iu legal phrase, as evasive, il not false
Ii sets out that the alleged prisoners not now,
and have not been since the issue Of the habeas
corpus, in the custody, power or possesS93rDflate
respondents. sden q return. But it goes further
and by added words, gives Interpretation to
that language essentially variant from its legal
import
Il denies that the prisoners were within bis pow
er custody or possession at any time lchatever-
Now, the evidence of respectable uncontradicted
witnesses, and the admission of the respondent
himself establish the fact beyond controversy, that
the prisoners were at one time within his power and
contO. He was the person by whose counsel the So
called rescue was devised. He gave the directions,
and fastened TO the pier to stimulate and supervise
their execution. BE was the spokesman and first
actor after arriving there. OF oil the parties to the
act Of violence he was the only white man, the only
citizen, the only individual having recognized
political rights the only person whose social training
could certainly interpret either his own duties or
the rights Of others under the Constitution Of the
land.
IL would be futile, and worse 10 argue, that he
who has organized aud guided and headed mob
to effect the abduction and Imprisonment OF others
be in whose presence and by whose active influence
the abduction and Imprisonment have been brought
about-might excuse himself from responsibility
by the assertion that il not his hand thai made
}
go~ier. He who unites with others to commit
crime shares with them ell the legal liabilities that
attend on ita commission. He chooses his CON-
pany, and adopts their acts
hs Is The retributive law Of all concerted crimes;
ana US argument applies with peculiar force TO
hose cases In which redress and prevention of
wrong are sought through the writ Of habsas corns
This, the great remedial process BY which liberty Il
indicated and restored, tolerates DO language IN
The response which u calls for that can MAX euh
Ieruge. The dearest interests Of life. personsl
sofesy, domestic peace, social rcpose, all that man
ran value, or that ls worth living for are involved
10 this principle. The institutions OF society wouI5
ose than half their value and courts Of iustee
become impotent for protection. II the writ Of
sa5eas orDis could not compel the truth, iuI d.
'ect, and uneqHivcal, in answer 20 lbs mandate
IL win not do 20 say 20 the man, whose wife or
whose daughter has bean abducted 81 did not ,
sbduct her she Is not in my possession; | do not
ietan her, inasmuch Is the assault was made by