Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1855-09-08
Gbe Anti 9lapcrp BnaIe.
From the Nsw.York Trbuns
4 WHERE JUDGE KANE GOT HIS LAW,

Great curiosity is expressed as to the source
whence Judge Kane could have derived those
very extraordinary ideas of law embodied in the
case Of Passmore Williamson. There cpn be lit
,sle doubt, we think, that tho model which our
American Judge placedvbefore himself on that oc-
UNs!on was the first ChiefJustice Of the Kings
Bench, appointed by Charles III after his resto-
ration-the 6rst of series of Judicial tools, the
most hateful wretchcs Of whom English history
makes mention, employed by Charles III and his
brother James in their desperate but fortunately
unsuccessful attempt to crash the liberties of
the English nation. Sir Robert Foster, the Eng
ish original of our Judge Kane, owed his ap-
pointment to his party zeal much more than to
his legal reputation. That zeal he contrived to
signaliIe during the three years that he sat on
the bench in three State trials, the iniquities
and outrages of all three of which our Judge
Kane, whether from his superior genius or the
advantages of his position, has managed to com
press into the single case Of Passmore William
son.
Tho frst of Fosters three cases the trial of
Sir Henry Vane, who was found guilty of treason
BY the help of a convenient fiction of law very
much like that by which Passmore Williamson
is made guilty of false return. AS Sir Henry
Vane had disapproved of the execution of
Charles I, and in fact had actually tried to save
that unhappy monarch's life, the treason charged
upon him was conspiring the death OF Charles
II. 1t was admitted that the prisoner had not
msditated any attempt upon the natural life OF
Charles ii, but the ground taken by the prose-
cution aud the Court was that by acting under
the authority of tho Commonwealth he had as
sisted in preventing the true heir from obtaining
possession of the throne, and thereby in point of
law had conspired his DEATH Nane argued that
he had acted under the authority of the Parlia-
ment, and that he came within the spirit of the
statute of Henry VII and of the common law
principle that no one could ever be called in ques-
ton for any acts done by authority of king in
possession, even though he might be usurper.
But the idea of any power in Parliament was as
abhorrent to ChiefJustice Foster as the idea Of
any power in the State Of Pennsylvania is to
JudgeKane; and he not only ruled this defence
out of Court, but even represented the having
made it as . reason which proved sufficient with
tho king why no mercy should be extended to
yane, Notwithstanding ho came fully within the
declaration of indemnity made at Breda, In
which the king had promised to proceed only
against tho immediate murderer" of his IA
ther.
The next case in which ChiefJustice Foster
figured was that of John Crook and several other
Quakeis brought before him for refusing to take
the oath of allegiance equivalent to which Judge
Kane seems to reckon refusing to aid in enforcing
the Fugitive Slave Act. S9mc passages between
the Chief-Justico and John Crook, given in
the State Trials might as well have been reported,
and substantially were so, as between Judge
Kane and Passmore Williamson. We quote as
follows:
Foster C. John Crook, when did you take
the oath of allegiance?
Ctook-Answering this question in the negative
is to accuse myself which you ought not to put
me upon. am an Englishman, and l ought not
to be taken. nor imprisoned, called in question:
nor put to answer but according 10 the law of the
land.
Foster, C. J-You are here required to take the
oath of allegiance, and when you have done that
you shall be heard
Crook-Yoa that arc judges on the bench ought
TO be my counsel, not my accuscrs.
Foster, C. We are here to do justice, and are
upon our oaths, and are to tell you wha. is law,
not you Therefore, Sirrah, you are too
bold. ,,,...,r
Crook-Sirrah is not word becoming q Judge.
II speak loud it is my zeal for the ruth and the
name of the Lord. Mine nnocency makes me
bold.
Foster, C.J-Itis an evil zeal.
Crook-No; l am bold in the name of the Lord
God Almighty the everlasting Jehovah, to assert
the truth and stand MS witnesss for it. Let nv
accuser be brought forth.
Foster C. -Srrah, you are to take the oath,
and here we tender il you.
Crook-Lct me be cleared of my imprisonment
and then will answer TO what is charged against
me. keep conscience void Of offence both to-
ward God and toward man.
Foster, c. J.--Sirrah, leave your canting.
Crook-Is this canting to speak the words of
Scripturei
though they are St. Paul's words. Your first de,
nial shall be recorded, and on second denial you
bear the penalties of pr9munire, which is the
Forfeiture of all your estate, If you have any, and
Imprisonment during life.
Our American Foster, it will be seen, has decid-
ly improved upon this precedent for instead of
giving Passmore Williamson second chance and
the permission asked for by his counsel to amend
his return, our sharp Judge Kane held him strictly
n first N 0natr IIa aIa1
forthwith to pass the sentence of Imprisonment
during mis- Judge Kane's) good will and pleasure !;
and undoubtedly when Judge Kane brings suit
for the value Of the negroes, or Williamson is in
dicted under the Fugitive Slave Act he stands
ready and eager TO forfeit his property also.
= Crook, in his account of the proceedings, states
that having in reply quoted the Apostle James the
ChieJustice called on the executioner 10 stop his
mouth, which he did with dirty cloth and a gag.
Here again Judge Kane improves upon his model.
lie not only stops Williamson's mouth, but gags
ms counsel also Thank God there is in these
days what was unknown in the days of Chief
Justice Foster, press which even judges cannot
.-ag!
~ third case which came before Cbiee.Jusfice
Foster. aua he essence Of which Judge Kane has
contriyed to introduce into the case Of passmore
Williamson, was the trial or Thomas Yonge, and
others charged with plot to assasslaate the King
''the invention being" according to General Lud-
low in his memoirs "that divers thousands of i'll
affected persons were ready under bis Thomas
Yonge's) command to seize the Tower and the City
of London, then TO march directly to Whitehall In
order To kill the King aud Monk, with resolution
to give no quarter aud after that 10 declare for
Commonwealth" This Is evidently the original
of the pretended plot. (the basis of all Judge
Ksne's proceedings. on the part Of Passmore vii.
hanson at the head Of the Philadelphia negroes 10
cut Minister Wheeler's throat. and then to declare
general manamission: But here again our Amer
IL kx.,a .Laoa t..
proved upon his model In that case the Govern
nent was obliged TO procure testimony by bribine
certain persons to swear to their knowledge Of th'
plot and participation in 1.-THE object being b,
means Of the trial and the pretended plot 70 draw
on public attention from the sale OF Dupkik 4
tho frenoh--a sort Of Kansas affair, With whcl
the pubic Of dat day were not very well sspsfsd