The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-28

I nc Wtin.mson Oouamitfed COR Con
eS@x sr..m III. pSDsdslphsa Bul1stin, July 21.J
n, nited States Dstict Court va dsnsey crowded,
mis- pSrning, by prsoss Al xious TO hear ths decio.
w,mssson for ocn,snp Of court, ard for pe.jury u
asisx an alleged false return 70 the writ q hsbsss
$500 ing hin. produce the bodies Of the slaves
~ s;ons wheeler. Juogs Kane read the following o.
olisa
IN, Un,ted Nc,es rel. RAseler ~. Passmore
walsamson Hao as corpus July "a lssS;nCol.
ss, wheeler Q. North .es vh,sa sta.e:
81 ths Delaware wharv.s his way tro. Washington,
ssyss bssnsing him, sitting At his side tina
Just = tis last signal b. II was ringing, Passnose WI
us.,sse came up the party-dscared to the slaves
that tie, we're irss-.,d ioscioly pressing Mr. Wheeler
twenty negroes Who by muscular strength
carr % re ssves 10 The SajoininS pier-two Of ths
sisvee ess+, II not ali three OF them, struggling to
rsIssse themselves protesting their wish to remain
.th rhe.r master .so Il the negro mob in the mean
TIM gssppg Co, Nh..le by the collar and threaten
ips to cut MS thxoaf II he made any residence.
It's ayes were borne along TO hackney coach that
r.s il si,ing ana conveyed to place Of
ceaireot, sr. Williamson following and urging for yard
the mas, and giving bis and address to Ce0CE
wheessr with the dsciaIA ION that he held himself
spoasi6s towsrd. hm whatever might be his legal
rgts bet taking no personally a,tve part In the ab
,uc.ioo alter he oao l. IT tue decx.
siloSei wrs; Of rab,as corpus at the instance OF
lsss Mr. wllliarrsOn made return that tho persons
nsmst the WE, NOR either Of them, not now
nal wit &c any oth,r time in the custody, po rsr
pesGsssn OF the respondenr nor BY him conhasd or
straire gNerei0re Mr. nsnnot have the bodies" &c.
Al ID gearing allowed the reator to traverse ths
return aad several vtpessss, who wsrs asked By hiu
test6ed to The facts a. have recited them. The Dis
rict Attorney Gpop state of facts moved for VII
Iauscs'e comm Mt frst for contempt in making
false Yeau1r; sesosd 10 sahe his TRIAL for perjury.
Mr. williamson shen toos the stand to purge himself
OF csatnpt He a5nll1ed the facts subysasiAny as
proof ssors asds ps,n that he had been aivissr
q the project ana had gwen his confederate sanction
He n
rsl at ~ time TIE movements OF the slavss or
know tier pressat vs.rescous. Such Is the case,
itwss before the ~ szsrg.
css .. look ug3n tan otherwise than ~ lu
sory-in lsgs phrase, evasve il not false 1t aets
not bee slice the isspe Of the habeas CORPUS the
custody OF pessession Of the respondent and ia
far u legally appropriate language for such
rstuIo But it goes further, and BY added words,
gives az Interpretation to that Language esssatia,
E.trres that tae DIT saners were within his por,r.
CUSTODY poser SOD at any time whatever. Now, the
eytsnSs ofrssp4cabls uEcontradicted witnesses and
this admission of tAs respondent himself establish TIA
fact ypna CONTROVERSY that the prisoners at
time w.,a;n bis power and control He the person
BY sscas counsel tDe 30 called rescue DEVISED.
He she directions ans hastensd to the pier to st
musstA sua cuperv,se their execution. He the
spot and arst actor after arriving there OF all
tie pr,sses the 81 vo,sncs, only white
mac zee Only ctsz-a tbe only ndivdus having recOg-
.s losa s sls.,, the on person whoss social
tia ta OF others uroe the constitution Of the lard
twould 30 futile and -orse, to argue that he who
hsa azed and gui1ed and headed mob, elect
tie abb uttion aIi imprisonment OF othershe 10 whose
and by whose active influence the abduction
cuse as. from responsibility By the assertion that il
qCt hs band that made tho unlawful ssauit, or
thai re- acted the gaoler He who uutes with
sttsss crime, Shares with them all the IL.
gal Ksb es that attend its commission, He choosa
Lis oinps.y. ard -opts their acts
a the ret-iavivs law of all concerted crimes aud
ts srgur ut apples with peculiar force TO
a. .asa tsdrsss ssd Rssvsntion Of wrong aie sought
ms diAi process IS which liberty Is Indicated aud
storss o'sntes no Language IN the response witch it
calls tos that car mask saperfuge The dearest in
ter sts OF hie personal safety domesic peace social
pcee. al cot man value, that is worth living for
cttJ wcl iote tna- half their value aad court
Of ssss 'ecome nsetsrr Tor protection il the writ
hd,1s cePas could not compel the tInth, ful direct
wiz not Co TO say to the man whoss v 70 or whos'
tsaghs,s hes been @ndu.ted, II did not aSduct her
shs cot in my posssssion 10 not detAiu hoe iass
mach % tie atssslt vas raade by the hand Of az
bocdhna6<s, and I have torborne to AJAX whore the
propose coIsu,nas.ns the wrong"
1t clsss. ltr, ~ seems to ns that ia legal a.
ceP.ALco tbs plrttss whom this writ called Mr. WI
l'amsan to produce .. time within his pow
saA control; his far Ms II relates 10 b
psws over them n.Ak.s 40 distinction between Thu
TINA asa IT, present cannot give different ints
preatoa to his lang mage from that which he hiss prA
ticsny given himself am cannot regard him as dsayn
kia power over tie prisoners now, when he does nj
avsr that he has lost the which he formerly has
&c has thus refused o. at least be has failed, to
svsr to the 0. the law he has chosen to de
eide for himself Upon tho lawfnneM well the
prsprisy Of ms act 40 20 withhold the Ascsrtsinmen
tosxn OF abitrsTen. or which all his own rights
psss. La xora, ne GAS put hmself in contempt o
tbs process o this Coug. Aud challenges its action.
That aston have alternative form. II il on
too clearly Seaned BY ancient hororsd president
acd the pse,eoisa Q: human right, too possntial
rsohed y Toe srecis exgency Of the case now bsior
a~ eo.l', 10 excuse even a doubt Of my duty or a
AZ Fosy Z riIs Immediate performance.
fac sus mltea 10 me by the learned counss
for - "spoodent without argument, and haze there
fore loaad myself at some loss to understand tn
grounds which, II thers be any such, they woul
claim the 1oharge OF their client. One only has os
think Il right express nv opinion win frankly r.
constcr IS, howevsr, any future aspect Of ths cs,
II il tbs that persons namei In this writ as d
tsAed b. sss respondent were not legally slaves, iss
WAITING the inquiry, whether for tbs purposs, OF tn
questioa ttsy we're within the territorial jurisdiction
eroay.v.nis while passing iron one Stale TO anoth,
u.co tts aayieabs waters OF the Unka statssa poir
HSica hrst impressions are adverse 20 the arg,
ma hsse 10 Say
l. That gnow OF statute, either Of the Unite
State os Q; Pepnsyvants, OF New Jersey, the op
part tae Delaware that authorizes the forcibs sbdu
tion o. sty person or AM thing whatsoever. wthou
cl.sn q property, unless in aid OF legal process,
!. siat know Of no = atute OF Pennsylvauia, whc
Nsr tssoins acquired ard asserted under the Ia vs.
that Sits because he has found 1t needful COW,
nent 20 pass through the territory Of Penpsylvans
3. That N not sware Of any such stAtats, if sue
acne shown. could be recognized valid Ia cou
al the Gates states.
T. That It seems TO me- altogether unmportsnt nhstl
er they see slaves OF no.. II would be the moclery
Ps.iaotbiopy 70 assert that, because had bscou
nee. thsy m sbt, therefore, be forciby abducted.
I Rave ss,d nothing Of the motives BY which the r
spoucsat has been governed have nothing to do wit
tbs they may give him support and c,mtort befo
fai:sly higher tribunsl do not impugn the m her
Noe 10 alade, on the ether hand, TO those spsct
clsins on our hospitable courtesy. which tae d,p,
matte .hsrscter OF Mr.. Wheeler might Seem to asse
for aim am doubtful whether the acts Of Congre.
ss 10 elm snd bis retisus and his property that pr
tectloo representative OF the sovereignty Of tn
Cuitei states which they concede to all sovsrsyntie
b,.ites Whether, under tbs general Law OF nations
could %; ask q broide privilege than iudic,
prpts0t1ts might ~ admit, IL necessarily IA
vciye "a the cause before me.
Il u salus that find, as the stand now, tn
plain &C. SIMPLE grouuds OF adjudication that Mr. Wi
ltsnson "a rot returned truthfuy and fully to th
vi. oil ,aaess corpus He must therefore, stand CON
nitNo JOY contempt Of the legal process Of The
As 70 Toe second motion OF the District Attorney tbs
which looks 70 = comm,itaI for perjury | withhold a
exrrests0a ~ Opinion regard IL La nnaecs