New-York daily tribune., 1855-08-20

had no jurisdiction Of the case, thea lie proceedings
were mere Duilltles-
S,o, which had been declared void, and further ar
cued that If the United Sta'ss Court nad committed
Citizen Of Pennsylvania 10 prison IN case IN "nicn II
had DO jurisdiction. then the Supreme ,oui' u 'Hs
State of Penns lvsnia could snd should lay aside al
,o-uples on the score of juiics courtesy, and inter
fere 10 discharge the prisoner.
CbiefJus;ice Lewis here interrupted the counsel,
saving that there wa doubt uFon thus pointi that
was unnecessary TO 90 fu.teeI mo tae argument ~
/, Al. the Cour; we're of opinion thar where II cieay
areaed uron the face Of The record that the te1era
Cour, had no iurisiicton, the s;s;e would nave
~ eht 70 oschsrge the prisoner
The coups. replied that he ws glad 20 hear that
opinion from the lps of the Court a be had supposed
that hs honor hsd bought Other sIse, tns II lett niH
hut ol other point 20 argue 20 the Court which w,s
the lack of jurisdicton OF he Utied states Court IN
this matter. The learned counsel continued 10 speak
10 his point c. many authorizes 10 sus'sin his po
stoD and occupying about 40 honr 10 the dehvery OF
an sIgumet repleie w;h earEng and sound reasoning
On lie coucu,on Mr.. Meredith aro-e TO sidress tue
Court The Chiefs ustice announced TO him toat the
one hour rule would be suspended IN the presen, IN
stance and tha, the counsel might occupy such tms
a. Re desired Mr.. Meredith repEed that he had no
ocubt that Ddui. ence as time would be ex edded
10 him by the Court boin from the extraordinary "a.
ture of the prsent motion, ard Of the nereet involved
IN the decision which their noncrs should give upon
the subject
He was there he said not merely as counsel for the
rrsoner but in behalf of the State OF Fennsy Iva.
MA the liberties Of whose suects had oeen 80 grossly
VIOLATED in the imprisonment Of Mr.. NlliiamrOn
The learned counsel then pre- faced his Arguments by
saying that he appeared before the I ourt asIing
writ OF habeas corpus uuoer the act of assembly OF
Pennsylvania of 1855 which tTperdfireiy demands
the issung of the writ; and With al respect Tor tne
Court which he addressed be entered his protest a,
the threshold Of the proceedings against being COM
relied upon motion for writ OF haoeas corpus, TO
nre,ent ilcse arguments to the consideration OF the
Court which should properly be presented upon tue
return of the writ; and upon the question as TO Whist
ought 10 be the decision upon such writ.
He therefore protested against this case being taken
as a precedeut in that point of view. The learned
counsel then proceeded TO urge upon the attention OF
the court the 0loS wing arguments, adhenng Throughout
10 the ne OF argument laid towa IN tae able petition
which We here with lay before rc iders In reporting
M Meredith remaks have endeayored To preserve
the spirit OF the thought though CONSCIOUS OF having
lost great portion OF the felicity OF the language.
eli your horrors please. SAID the counsel there are
some uriuciyles never 10 be denied, and among the N
"epd ABOVE them all is this: That the Supreme Court
of this Commonw OF Pennsylve Ia has power to
enquire into the cause Of the commital OF any one
mpri,oued within her borders, and Il Is the duty
cot your honOrs and of his court 20 protect the
.proi erty ana liberty Of the citizens Of this State
"Mhat Is the case into the clrcumstt tnces OF which
"you are ow called 20 examine r.
Pas,more williamson is in prison. and he is in prison
by the commitment OF Court possessing no Jurlsdic-
question which came before the Cou't upon the oc a
siou of commitment one relating 10 he STA ms OF
persops actually within the state OF PennsyY ania aud
brought here voluntarily.
And here would say that certain monsirous doc
tripe seems to have obtained somewhat among us,
which has sprung up within few months, which IL
oeinino ground and which has been tOstered by The
recent decision Of Judge Kane and that doctrine y ia
regard 20 certain class OF persoLs VINO are hcid 20
labor by others IN other of our Siates aud II to tue
eff, that those persons claiming ownership over them
have the same rights over them when brought into
this State voluntarily that they possess IN the State
whence they come. How 80 singular and pernicious
a doctrine frst obtained, or whence II came, eau
not tell nor do know upon what ground II Is based
but tbis know, Sir, that It IA high time that the
growth of 30 startling an error was checked.
Now YOUR Honor every man who comes within the
State Of Pennsylvania Is entitled only 70 me Ti{hts Oi
citizens of the State of PeDnsylvania, and venture
IN say sir n at the night 20 hold slaves IA not among
them The status of person is decided by the law
Of the State in which be ia. This point has been de-
cded again and again both In this country, IN France
ard in England, snd the Constitution oi the Omteu
States niyCs the Federal Courts right whaieger 10
interfere between the domestic relations of indydu as
by rontiobs meanreciproca shts and obligations.
ii il we've O,herWis ise, slr, 10 man cOud know where
be stood by what law he wa governed. Is the
citizen of South Carolina, of Georgia. and OF Alabama
10 hing the laws of those States With him shen he
cones amongst us And when we 90 10 South Caro-
lima OF to Georgia are We TO carry WITH us The laws o
Pennfyy aLia Such safe OF things would breed
uruerable confusion. For Instance, IN EngGnd there
exists statute and ask the pardon Of the ladies for
ferrug to III which gives 10 the husband the right TO
hfct personal ohastsement upon bis vile.
Now, your Honor suppose a. .nan and hH wife law
fully oined in matrimony IN England To come among
rs does the husb md bring with hin right TO chas'se
bis wife A. ain in France children do not become
of G-e until they arige at that OF IS Sap ose youth
10 have been bound 10 an apprenticeship IN France
duriur tie reriOd OF his minority bis master briggs
H. tufo |
apprentice can be held TO service among us after he
arrives at the age Of u years The answer Is not
difficult and the rule applies TO the case o. slaves
brought voluntarily from other states by their masters
into this.
This being 40. ard tlere being 20 plausible GROUND
for pretending that the Federal Court had any author
ify VIVA ever 10 act in the matter, lot look for a
uomsnt at the power which lt has usurped, and ih9
wrorcs il has doue II has caused man 70 be brought
before n and with scarcely shadow Of a hearing,
hos caused hun TO be thrown into prison without bail
or mGnprlze.
show NE hat the United S,a'es Government Is 20
urcertake TO sop the foundations Of your institutions
il iLis m0nner-,o issue unwaTanted process, aud -
commit for a eoutempt Of process 80 issuei, and
finally TO try Issues OF fact in tha summary manner,
ana assure you the last chapter OF your state
bi.tory is written and the hook closed, and r il fully
time hat j, should be. But trust that that time nas
rot yet come, aud that the DC -son OF your hOnOrs
Ia this case Will ayCrl the hour.
Your Honor hes said this morning tha il the United
States Court had 10 jurisdiction you would grant the
writ.
Now the United ststes Supreme Court cannot re
view his case upon d new wit Oi error. No appeal
lee 10 Re Uuiied States Circuit Court, and wl0 are
we TO appeal 10 but 10 this tribunal Mr.. Williamson
il surely lot 10 be pemedt lie in prison for life be
csuse, through ignorance or from lack OF presence OF
lnird c did not object 10 this Tsut Of iuri-dlc'iOn
upon tie TetUrn of the habeas corpus Mr.. William
son ~ hustled into prison IN most summary man-
rer He knew HothiDg Of the writ until about ocOc<
in tie morning, and al 10 was brought before the
United States Judge
j. he TO suffer for life be in that brief period Of