New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-10-15

Whether any redress is provided by the existing
laws OF Pennsylvania for the citizen Of another STAT
whose slaves have escsped from hun while be wa.
passing through territory, It 10. my pro,i.ee "a
inquire II is quite probable that lie may - Sen;s5
recourse to the courts much toe husband. a.
father guardian, whose wife or clild o. ward h..
Iun away. He may hnd himself referred back N
thofe rights which dDnex themselves inssDarably "a
the relation he occupies. The rights Of ma auc .pon
ard de'srer. Ihese Isppnhend hs 10 n ~ ssse7%
ard exercise any where, and VITA such 70 .solable
force as circumstances rer der Necessary. And 40
not suppose that the enpoy men, of gu h res .on.b
force could lie regarded breach OF the pc zee OF
the night 10 employ it ss lees directly Incident 20 hi
81 srscCr OF master than IL nigh, BE- 10 he core
srorGit character in ether of the analogous relations
IL word, adopt folly tais ooin: the We ts so well
erforCeC by Judge Baldwin il toe o. johnson vs..
1cmI Xii :, Baldw., Sc, >.
lhe right Of the master 10 srresi his fugitive slave
is not solitary in the Law. IL may be exercised
toward a fugitive appIe tice or feGem,tGner 20 he
ssue exert and is done daily without producing aay
exc temsit. An apprentice Is a servant, slave i.
10 more though his servitude Is fcr life, the mature
OF il ia the same as apprenticeship or b. redemp-
ton, y ch, though terminated by fine, 10 daring
is continuance seivitude as "a q for hie
OF the same nature is tie night OF parent 70 the
services Of his minor Oh lcreu, viii b gives the
tody of tier persons. 10, where ma mes osh
for Ike appearance OF q oeien liant in civil action he
ay tize his person a. bis pleasure, snd commit him
TO prison: or II the pnccJal escapes, the bail may
pu sue i'm 20 other ate, srrest, AMI orini a. back
by the Of all rocess AIRY force and means OF prevent
inc an escape The Is Siul exercise Of THIS slhority
in such cases calculated Ia ex ite 30 sympa n.y. ne
law takes its course IL peace apd uuroieet. ieinu
the same power and used 10 the saue nainS, 10y
a master over his slave The right 10 sneh case u
ON the Same Slnrce the law Of the land u Inc en-
ioYcSment OF the right oXci'es more ieehnY -
than the other rs not from the manner IN shch u -
done bat the AZURE of the right which J. enforced
property in human being for life. /; th.i IL urJaH
and oppressive the is the makers Of laws which
tolerate Slavery; to visit 4 on those who have honestly
acquitted and lawfully hold property under he guar
aztec and protection OF tue l.ws the WOrs, o. al
oppression aud the rapkes injus ice toward oar fel-
loW.msn II is the Indulgence OF spirit % persecu-
ton against our ue hbOr, for no oense against society
or its laws, but simply for he assertion OF their own
in q Ia ~ fal manner.
say: ii public option is suffered 70 PROSTATE the
laws which protect species % properly, hose who
cad The crusade against Slavery may e. no distant
dav fnd new orectel against their hasds, their
stores and their debts. Ii master csDno. raatn the
Gus tody of his slave, apprentice, or reiempaoner,
parent must give 10 the guardianship Of his children,
bill have no bod uiol their ptnclpA, Tue creditor
cam ct arrest his debt by lawful means, aud he wlo
keeps The shtul owner OF lanes or a'tes oa o. pos
sessou will be protected ia his trospNaes.
"Whec the law celses 20 be the test o. night ana
remedy; when individual ia undertake 20 be re admin
strators by rules Of thor OVID adoptioo TIE bsods oi
society are broken cfec,uay By the ance OF
ore link tom the chsc of Justice which buds man 10
tt e laws as If the whsle IVES dissolved. The more
lCciJus seductive the ptctrN's are under wlich
the law is violated, h5 greater ought to % TIE yig
arce e courts and iuries il their detection. Public
opinion is sscuri A. aTst sets of open add ayowed
i fi gtments of Acknowledged rights; ron such
combuators .hore is 40 dagger; they MI tai by
their own violence the blast oNp3nds Is force by
is own fury. Tho only permanent can ~ j. IN the
udulgel &c of lie huuSLe and 3nevolenL FEELINGS oi
our nature at what We feel to he acts OF oppression
toe ard human beings endowed WIN the same qasu'
ties and attributes az ourselves, and brought no be-
ing by the came power which created us all; without
injecting that r suffering these feelings 10 90 ne into
action a. ainst rights secured by the laws, we forget
the st duty of citizens OF goyernmen. OF laws
obedience TO it, ordnance"
There was one other legal proposition affirmed in
that opinion OF thiscourt; but cannot need argument
IL was that the question, whether The negroes were OF
were not freed by their arrival In Penpsyvama was
rreleveLt TO the issue nasmuch whether they were
free OF not they equay,under the pro;echon OF
the law, ana the ssme obligation rested on Mr. WI,
lam,on 70 make true ard full return Ia the writ OF
habees corpus. Simple and obvious as tbs, proposition
is il covers all the judicial action in the case The writ
required him to produce the negroes that the court
might pass upon his legal right to carry them on or
ain them. " hat questions might arse atefwaEd, or
how they might be determined no. for him 10 con-
slider. His dliy then as nov, was and - 10 bring
in tie bodes or, if they had passed beyond os con-
troll to declare under osth Or aiirmauoe 50 lar as he
knew what had become of them; and fro Al this duty
or from tie constrain that seeks TO enforce It, there
can be 10 escape.
fSoe the argument Of Sergesnt GlyDn and the re-
marks of Mr.. Justice Gould, IN the case of NJ Wilkes,
2 Wills, 154
The application Immediately before hardly calls
for these expanded remarks, though rightly consid'
cred, they bear upon most Of the points that were
elaborated in the argument upon the question ct ite re-
ception. II purports 10 be a suggestion and petition
from person now In Massachusetts, who iaiorms the
court that she ia of the negroes who escaped op
Mr.. Wheeler-that che cid SO by Mr.. Williansons
council and with the sanction OF his presence aud ap
prova, but that he never detained her, nor has any
49,. t.zl ... aunl
cation for the writ of habeas corpus in her behalf:
Tt ereupon she presents to certain reasons founded
a. che suppoees 10 law, wherefore on t 10 quash the
writ her etooe issued ut the restion OF NJ. Wheeler
; When application was made TO me for leave 10 hie
this paper invited the learned counsel 70 advise me
upon the question whether could lawfully admit the
intervention Of their client. Ely thanks are due 10
item for the ability and &C urteous bearing With which
they ave dscuesedit. But remain unconyinced
Tie very name Of the person who suthen.icstes The
pepper lie a stranger TO any proceeding tha. 10 or has
bse before me. She axis no Judicial acion Tor her
self and does not profess TO have any right to sonca
acton in behalf of anoher on The contrary her e9un'
10. sanctioned her application. she h's therefore no
stains Whatever in thi. coart
Wee she here rs a party to abide is seto, she
would have light 10 be heard according 70 me iorm'
of law; were she here a witness, called by party
her identity ascertained, she might be examined az 70
all fats supposed to be within her knowiedse But
our records Cannot be opened to every stranger woo
volunteers to US suggestion as to woa, may hiVe
been our errors and how we msy repair them.
know that the writ Of habeas coipus can oolyb
invoked by the party who is restrained Of liberty, or
by some one in hs behalf / know, too that 1t has
been the reproach of the EngEh courts, that ney
have too willingly exacted proof that The sppnc.n9n
was auth orzed by the sggieved parry, before permit
ting the writ to issue. b.. as yet the cou.u OF r
United States have, link avoided this error. Inc
wit Issues here wherever T. Is shown by eihdiyi' tna
is tenttcent agency IL needed. II wo'ld lose 10 oen
efficiency, if it could not ssue without peaii9n noI
the party hiuseif, sone one whom ne had aeesa,Sa