New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-09-11
THE WHEELER SLAVE CASE.

| X. y.
majority of this Court refusing the wit of haoeas cor
pus and shall state the reasons why IN my Judgment
| the writ should be granted
This application made TO the Court whilst mold
ing 81 ec.l session at Bedford. on the 18th day OF
August and upon an inmation from the counsel that
in case the Court had any difficulty upon the question
| Of awarding the writ, they would like to be heard,
Thursday the 10th of August vas fixed for the hear
| Ing On that day an argument was made, by Messrs.
Meredith and Gipin in favor of the allowance OF the
| writ.
may as well remark here that upon the presenta-
ion Of the petition in favor OF awarding the ha-
bss corpus greatly preeng that the right Of the petitioner
na p sss ~PoR oa ps rs s9s ID the
views Of counsel in opposition Of the dtchrge ana
am in favor Of granting this writ frst believe the
petioptr has the right demand bands From the
time Msgns Chaa the wit Of habsss has been coz
eo . Tl' o. Bug r.. benes Of 4 Chancellor Kent
In dgee eluded in England PRIOR 10 the statute
thew assumed ooe Of aa,dt1g refn'ing
. Kent Commentaries D. And Bacon says, Notwhstandins
the witt of habes. corpus be writ o. right and snst The
subject entitled the provision Of the Iaw herein
being great measure euded By The judge Is beng o9y
of The Judge that they had Discretionary power Of granting
refusing it, the act Of 81 Charles ii was made for remedy
am aware thai both England and this country since the
where clearly sppe AIRED that the prisoner must be
was improper 70 grant e WIT but Know o. no aSn con
the have regarded the privileges OF the hs
bess COZ pus as most gh which inter
dicon sgsn,t Suppression unless when in Of rebel
lion public safety require it, inserted
the organic law Of the Union, and IN sddol 70 our act 81
l7S5 which broader and more than me hn
g'h statute provision In term. ne iha N ns ~ ,b
of the United States to be found in the CONSTITUTION oil TINS
State. -, ...
IN their character than those to be found IN our statute Of o.
Judges nsmed authorized aud required either IN va
in d o p any clinical or supposed matter
except for felony confined or restrained Of his or
her Liberty pietense whatsoever 70 award
gent babess corpus directed the persons
whose ody detained reurnabei Immediately
nd
10 be granted renders the Judge SO OF refusing ~
to the penalty Of three hundred pounds.
suppose no one will doubt the power Of the legislature 70
require his issued BY the Judges OF the Common
wealth And toer.by plain that whIe IN eIPTe wotd
penalty doing discretion to be used IN oo7yns
The English statute confined the penalty neglect re-
fuss the writ in vacation time aud from th, d'oe
tcnary refuse in time was nierre bat an Act
fAsfemb, does not Limit the PEI ally to I.fosa 10
but sufficiently comprehensive 20 embace negec OF eiuSa
looked in vain oush tie numerous cases reported in
this s. fins that the writ vas ever denied 20 one se
In Rsspubes Va Arnold Yates, 2s the writ refused
fore NOT within the terms the statute; and in P.e Lag
renee h Binpey sea it was held tnst the Act OF Aieo
sIeaoy been upon evidence by another court
the writ sss been allowed believe be safely affirmed
that the denial of the writ in case like the present without
and sgant tie undertaking of the profession ana
the people; but what still appears to me 10 Dc
direct violation Of the law ITSELF
uay be said that The law requires useless ing to be
done Gs.. II 1 hoy %b sHR there for the writ
BE- determined according to law and he law .eqare tha e
determination should fol ow, not preeede the return
An ,ppc alton was made the Chief Justice of this Court
for Of hsbea. corpus previous to tne no b
counsel for the petitioner waived he ns 70
the writ, did NJ desire 70 be issued ,e S, n sf
fort the petition for the prisoners charge .n ~
sowe the hs % BEEN swsed aud the case
heard and the discharge refused II vopd NOT oe wIu ne
decision 10 ex psre Lawrence for there the bearing wa. before
Conf In r time upon full exaIn.lion OF the case upon
evidence sdduoed end not at chambers bu the oI
the sgeement Of that should not be In certain
event, even if binding upon the client there "oS ~ '
Now While aver that writ of hsbeas corpus ad .so
an mid issue o. a matter Undoubtedly the peu2n
must he in due nm and IL must show upon Its tsee tna ~,
ns,ioner entitled 10 relief IL be refused H. upon ls
cation itself appears that admitted TO he u1e Ie ~
Ifc,nt Is Dot titled to relief but where as W me CO..
ms HI petit ion alleges Illegal restraint OF the
lib nv under vrdeT from Judge beyond h:
are bound IN ,1s Tdbs made out and there longer
Discretionary power refuse the writ Whetnei ,s
oh OF the v ant Of jan.SSetion Is true OF N0'
Ii one aventd in his petition What. tue. w0 he
him relief his constitutional ighi to De P.e,sh. III nn
ru OF his allegations inquie ed into; and It Is ssq aus -
doubted SbSe Se INTRODUCED aud heard upon the
r,tun OF lie To deny him the wn IS NiLtrAy 70 Sh
reoui Al our HANDS eItrsordipsry resistance liz
Of tn. petitioner g .hoS that MS sa eo"re law
am in favor Of treating him like eases have uniirn
and receiving inquiry bis night 70 De tschsId
unt the wit; but majority OF my
have come % different must inquire ne II INTO
the night Of the applicant 70 be discharged 81 me case H
.npNse it to Be undoubied lsw that in case where
Court setting beyond its jurisdiction has eoIanttea
~ Tr,cp the prisoner under hsbea5 corpus set u ntsd
~ Ii. si.ebass and that difference whether me
Cont I'm. trsnsc,pdins ts urisc 10 act -
Court Of the Unon OF the COmmcn wealth II PIinc.pei
spIsIty just and Gear need. I Il. ,SPP0,i &c c,.oeb
ssh bret Peters Conde1,ed Report S1 Zee y. s.
g ard 81. third Crsneh 4is; BOm.n swsogt fourth
CrspcI 75 kearb.ys case seventh Wheaton 50 hemP vs.
Kennedy hIt Peter. C. K 81 Wick: c ', az sni,s saD
Cout Penn drst whsrion Digest S4' Com q iea, ,s
Loetirsen the J.or &e sup, 0SSi' q NJ. s
sne Of Nee cases decide that the act Of Court ~thout
iurlsoctou IS 1oid that the proper euedy iof an IN
t.bess corpus and others that It may issue IRON stae
dhehsIEe prisoner committed 4nte' 49, go,
b,i 10 ursl con Of the ease siOsher they es 20 50
th. point ne the petitioner !, enh "a TO feni -
fe.fahbed Of has liberty BY Court seths ''s0"" - '
Ssb. do eore,v. be oorrse, 20 saJ that Tho sgpssn
"a. ,of nov au. on jgns4c0n u the Judge OF h1
Cont beosuss he did 70, eh.letse on lhs hsAJt AL en-
are many nshts and pi iyleses which parry to ~
tr.,e.s, RAY claimed In dus uma ,ai ~. :. w
,L az u,,.aietinn III, 10 gwen By ssPio~' o'
.sni Zee. will sequis.'snes f"a time s.'s 40 %
S,,d IA ,d be h.ssh .pfa, Who T. 10 Pt'.e"
,tbout bell Bainphss" that hA ""'...4 )" , a..
s., n ,ss 4oa,, 70 asp.,rs Of ~. ls,, Ia, The,
/ lbs ls- b.p the iss' 81 ils sH-s'I Nhs's E@i
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