Lewisburg chronicle. [volume] (Lewisburg, Pa.) 1850-1859, 1855-10-05

children, into Court They were, BY the
laws Of Pennsylvania, as free as any other
person in it. And yet, this is construed
into contempt of Court, and, at the ar
bi,rary dictum of Judge Kane, Passmore
Williamton is thrown into prison, there to
remain for life or at the pleasure of this
pattern Of his ancient prototype, Cain,
who slew his brother. And why slew he
him? Because his deeds we're evil, and
his brothers good But this is not all of
the case. 1t is B'ackened by the decision
of our Supreme Court.
Passmore Williamson made application
to the Judges of the Supreme Court of Pa.
for habeas corpus to release him from his
illegal imprisonment. They refused writ,
and, in long opinion delivered by Judge
Black, jeeriug at the honest convictions
and noble purpose Of the victimized Will
hanson, verify the exclamation of Dewitt
Clinton, uttered forty-fve years ago,in the
case Of Yates against the people Of New
York. "Is," he asks, "the gothic jargon
Of Norman lawyers and the ridiculous
pedantry of schoolmen still to pervade
the temples of justice, and to PROSTATE
principles of righ; at the feet Of sophistical
nonsense?" Yes, thus characterized, the
Supreme Court of Pa. has sent forth its
opinion, either to curse the land or, meeting
with rebound, roll back upon its authors,
covering them with indignant reproaches
of insulted freeman. Thank Heaven 4! it
is accompanied by an antidote-the able,
clear and righteous opinion of Judge Knox
who dissented. Immortal honor to john
C.KNoX. worthy inheritor of the name and
virtues of the great champion of Scottish
reformation, over whose grave the Regent
of Scotland pronounced the eulogium,
"Here lies he uho nerer feared the face Of
man" More worthy that he had not
feared to stand alone, and could not, on
arriving at Philadelphia, as Woodward
and Lowrie are said to have been, be
brought over, against former convictions
of right, to sustain an outrageous attack
upon personal liberty.
We commend the opinion Of Judge
Knox to the critical perusal of all. If it
wants hackers, the reader has it in the
opinion given BY Gov. Clinton, in the case
to which We have referred. 1t follows.
Read it. 1t is worth the opinions Of a
Blacks, however brilliant they be
in intellect, while overshadowed by the
curse of Slavery:
I" 1t is alleged that the pardoning power
may be extended to the prisoner, which
will afford him complete relief. The mercy
Of the Executive is one thing, and the
Justice of the Court another. A pardon
is not remedy in the course of the law
1t may. or it may not be afforded at pleas
IRE, and is entirely extrinsic from judicial
proceedings. The sum of reasoning is
his: That citizen may be deprived Of
lis liberty without the accusation Of
.raud or the interposition Of petit jury,
md on the mere fat of a single judge
hat this judge shall be without control,
md the citizen without appeal; that he
must continue imprisoned for life, unless
he Judge shall relent, or unless the Ex-
.cuiive shall pardon. tbs doctrine may
ad The meridian Of Consfantinopie, but is
.Her.y repayaam to The genius cJ a free
If the Governor can not or
will not pardon, and if the Legislature
an not or will not relieve, then citizen
nay at any time, on the grounds contend /
d for, be incarcerated for life by court |
omposed of a single judge, and without |
he benefit Of trial by his peers, and the
udge can not be called to account for his !
onduct. For, if l rig ghtfully understand
be positions hich are maintained through |
ut, they are these A court may commit |
ontempt, whether perpetrated in court or ,
lot. This commitment, whether legal CT \
legal, can not be examined or overhauled |
" any other tribunal, but it is TO be con-
idered as final and conclusive, and it may
ontinue during the pleasure of the court.
{ the prisoner is brought up on a writ of
abeas corpus, the court is to remand him
he moment it is perceived to be for con-
empt, aud no writ of error will lie on this
ecision and although this may be wicked
nd oppressive, and may operate as an i'm
risonmcnt for life, yet the court so acting
) not liable to punishment for commit
nent is judicial act, and it is contended
hat no judge can be questioned for judi
ial acts as such. Here, then, is case
the favorable interposition of
he Executive or Legislature where an
Injust or tyrannical judge may, at pleas
ire, imprison an innocent man for life, and
et place punishment at defiance. A doc
rine pregnant with such horrible results,
an never be in unison with the letter or
he spirit of free and enlightened system
f jurisprudence. And, although trust
re have nothing to apprehend from such
ractices in the times in which We live,
ct ,ce ought to keep our eyes on .fatarity.
he all pervading force of corruption, and
he all-grasping lust of power, may raise
p, for the destruction of unborn genera
ions, men who will devote themselves to
ppression and to blood. Why are We to
xpect an exemption from the common lot
f nations? In the true course Of events,
re must- indeed. travel the round of hui