Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1855-08-04


son. Sur habcos corpus, 9th July, 1855. T.
Colonel John H. Wheeler of North Carolina, 1
he United States Minister to Nicaragua, was
IN board a steamboat a. one Of the Delaware /
yarves, on bis way from Washington 10 embark
II New Yorl, Tor his post Of duty. Three slaves.
to him, were sitting al his side on the
upper deck.
Just as The last sigc al bell was ringing, Passa
more Williamson came up TO the party, declared
TO the slaves tha. they we've Tree, and iofclhly
pressing Mr.. Wheeler aside, urged them them
10 60 ashore. He was followed by some dozen
or twenty negroes, who by muscular strength
carried the slaves TO the adjoining pier; two Of
the slaves at least, if not all three struggling 10
release themselves, and protesting their wish to
remain with their master; two OF the negro
mop IN The meant time grasping Col. Wheeler by
Inc col'ar and threatening TO cut his throat II he
made any resistance.
The slaves were borne along 10 hackney
coach that was in waiting, and were conveyed
10 some place of concealmeni; Mr.. Williamson
following aad urging forward the mob, and CIV
ing his name and address to Col Wheeler, with
The declaration that he held himself responsible
towards him Tor whatever might be his legal
rights, but taking no personally active part in
the abduction alter he had left the deck
allowed writ oil hobcas corpus at the in.
stance OF Colonel Wheeler, and subsequently, all
alias: and to the last Mr.. Williamson made re-
turn that the persons named in the witt "nor
either OF them, are not now, nor was at the time
oil issuing The. writ, or a: any other time, in the
custody, power, or possession OF the respondent,
nor By him confined or restrained: wherefore he
cannot have the bodies,a etc.
AT the heaIing allowed the relator to tra-
verse this return, and several witnesses who
were asked by him testified the facts as have
81 ,te
|, for contempt in making false retuIn: 2, 10
take his trial for perjury.
Mr., Williamson then took the stand TO purge
himself Of contempt. He admitted the facts
substantially as in proof before; made i. plain
that he had been all adviaer OF the project, and
had given ii his confederate sanction through.
out. He renewed his denial that he had control
at any time over the movements OF the slaves,
or knew their presen, whereabouts. Such is the
case as it was before me on the hearing.
cannot look upon this return otherwise than
as lusory-in legal phrase, as evasive, if not
i,tise 1t sets cut tina The alleged prisoners are
not now and have not been since The issue Of
the habeas corpus, In the custody: power, or pos
legally appropriate language Tor such return.
Bul 1t goes further, and, by addefwords, gives
al interpretation 10 that language essentially va
RANT from its legal import.
1t denies that the prisoners were within his
custody, OF possession at any time tthdtetef.-
Now, the evidence of respectable, uneonltaee-
Ted Witnesses, and me admission OF the respon-
dent himself establish the fact beyond contro-
versy that the prisoners were at Que time with.
in his power and control. He was The person
by whose counsel the so.called rescue was de-
vised. He gave the directions, and hasteheI 10
the pier 10 stimulate and supervise their exeeu-
ton. He was the spokesman and hrst actor
after arriving there. OF all the parties to the
act of violence, ne was the only white man, the
only citizen, the orly individual having reco9-
missed political rights, the only pc sun whose So
cial training could certainly interpret either his
own duties or the rights OF others under the con /.
s,ituiion OF the land.
Ii would be futile, and worse, TO arene that he
who has erganized and gnided an headed a MOB
to effect the abduction AID Imprisonment Of 9TH
ers-he in " hose active influence the abduction
and imprisonment have been brought about
might excuse himselilfom responsibility by the
assertion that it was not his .iand that made the
unlawful assault, or thai he never asted as the
gaaer. lie who uni,es with elhefsto commit a
cirme shares with them all The legal liabilities
That attend On its commission lie chooses his
company, and adopts their acts.
That Is The retributve law OF all concerted
crimes; and lis argument applies with peculiar
force 10 those cases i'll which redress aud pfe-
vea,ion OF wrong sought through the Wit OF
hcbeas corpus This, The great remldial process
by which liberty is viDdicased and restored, toll
crates no language i'll The response which it
calls for tina. can mask a subieringe. The dear
es interests OF life, persona! safety, domestic
peace, social response. all that men Can value,
or that is worth living for, are nyo.ved in this
principle The insiiiailons OF society would
IL. IL hall hair ali mi lf
Justice become impoien, Tor projections il the
Wi, OF habeqs corpus could not compel the truth;
fall direct, and unequivocal, in answer 10 lis
mapdate.
II will not do to say to the man whose wife
or whose daughter has been abtIucled. 81 did
not abduce her; she is not in my posseslon;l do
moi telain her, illasmuch as the assault VAS
By The hand Of my subofdinates, aud have
ioieborue 10 ask where they propose consumna-
ling the wrong.
Ii is clear, then, as it seems TO nae, that in lie.
gal acceptance the parties whom this writ cali
ed on MIR. Williamson. 10 produce were at one
time within his power and control, aud his an
swer. so far as it relates 10 hi5 power oyer them,
makes no distinction between that lime and
the present. Icannot give different interpret
.aion TO his language from that which he has
practically given himself and cannot regard him
as denying his power over the prisoners now,
when he does not aver that he has los, The pow
er which he formerly had.
He has thus refused. or at least he has ialel,
to answer to the command oil the law. He has
chosen TO decide for himself upon the lawiulness
as well as the moial propriety OF his act, and TO
Withhold the ascerianment and vindicatlon oil the
rights of others from that same forum OF afbra-
meut Oh which ali his own rights repose. In a
word, he has put himself in contemp, OF the
process OF this court, and challenges lis action.
The action eau have 10 alternative form. u
is one lou clearly defined by ancien, and honor
ed pre-, edeni, loo Indispensable 10 the admins
tratop Of social justice and the protection u hui
man right, and loo potentially invoked hy taa
special exigency OF the case now before the
court, To excuse even doubt oil my duty OF
an apology for lis immediate performance.
The cause was submitted tc me by the learn
ei counsel for The respondent, without argument,
and have therefore found myself al, some loss
TO understand The grounds on which. il there
be any such, they would claim the discharge OF
their client Only one has occurred 10 Inc as per-
haps within his view; and on this think il
right to express nay opinion. | will frankly re-
consider ii, however,, any future aspect OF the
case shall invite the review.
II is this that the persons named in the writ
as--delained by the respondent Were not legally
slaves, inasmnch as they were within the ter.
ritory of Pensy yania when they wele abduet-
cd.
Waving the inquiry whether for the purposes