The daily union., 1855-10-17
WASHINGTON CITY.
WEDNESDAY MORNING. OCT. n. 1865.
JUDGE KANEs OPINION IN THE PAssMoRE Will.
HANSON CASE.


HANSON CASE.
Much Of paper to-day is appropriated the opinion
of Judge Kane upon the petition Of Col Wheeers slaves
to have the writ Of habsas corpus against Passmore VIII
Hanson quashed This petition necessarily raised the
question whether the slaves Of Col Wheeler became free by
the of bringing them into Pennsylvania transit
New York If they thereby free Col Wheeler had
right Of them the time the writ Issued
and, therefore, the should be quashed. If the
other hand the petitioners did not free by
Of their coming within the limits Of Pennsylvania route
for New York they could have status in court and,
therefore their petition Of necessity be refused
Judge Kane refused 10 quash the writ against Passmore
Williamson upon the ground that the petitioners contin-
ued be slaves and the property Col Wheeler not
withstandng he had brought them into Pennsylvania
bis way the State Of New York His opinion is char
aeerized by great legal research and the several positions
laid down discussed with remarkable cearness and
force. He deemed il proper review the from s
origin and with dstinctness every step taken in
II at its different stages, that the opinion, print
it, presents complete authentic history Of the from
the original application of Col Wheeler for The writ of
habeas corpus the present time This review not only
presents the whole conneyon but it places the
Of the several decisions made in the different stages
OF tho case beyond all fair controversy.
The great legal question settled by the is of vital
the people OF the Southt decided that the
of slave does not lose the title to his property by the
simple act Of passing with it through the State Of Pennsy
vana When Judge Kane advanced this opinion by way
of dictum the original hearing of the writ the
organs of aboltionism clamored loudly against the
doctrine and pretended quote southern legal authors
y for the position that whenever the OF slave
brings him into State the slave instantly becomes
free This total misrepresentation of the true legal
position and inexcusebe perverson of the southern
legal authority alluded to- The legal doctrine is
is clearly stated and conclusvely argued by Judge
Kane, that it is only when the of slave brings him
into free State amino aoraad that he becomes free; but
that when he brings him in ansiu and not with the in
tenton of remaining, the tile him property remains
unaffected If the New York Tribune and other rampant
abolition journals had attended this distinction and
had desired deal justly with Judge Kane they could
have fallen into the papabe of maintaining
that the slaves Of Colonel Wheeler became free upon their
entrance upon the soil of Pennsylvania. The decision
made by Judge Kane this point and ably fortified
by argument and authority, will stand the any -
dical tribunal that is not blinded by fanatcism.
The history of the detailed by Judge Kane
and as rendered full and ineligible by sug-
gestion of Mr.. Cadwaader, establishes satisfactorily
the fact that Mr.. Passmore Williamson has allowed
himself TO be made voluntary victim Of scheme
of the aboonsts to make political capital ac-
Of his Imprisonment for the gross contempt of
court of which he guilty 1t appears that after
Judge Kane had decided that the return Of Mr. Williamson
the writ of haJeds corpas sufficient because it
was not true the counsel of Mr. Williamson informed
by the court that motion to amend the return
the truth of the case would be received No such
motion made; it deemed best, for political effect,
that Mr. Williamson should be imprisoned, that the public
might be appealed to for its sympathy. The explanation
of Judge Kane as to the ground which he ordered
Williamson to be imprisoned is clear and distinct that
any Misrepresentation hereafter of this part of the
be wiul /. will be that it in the power Of
Mr. Williamson at any moment to terminate his mprison-
by speaking the truth in the command of
the witas long he refused to obey the writ he in
contempt but the whole fault his He preferred
to lay in Jail and be held up martyr rather than
gain his liberty by the simple process of obeying truth
fully the process of the We suspect that he has
already found out that this thing of suffering maryrdom
for political effect fails be either agreeable profitable
OF thing feel perfectly assuredhat the firm en-
ghened and uuwaverng adherence of Judge Kane the
law of the case from lis origin the late refusal quash
ration of the rghtmnded of every section of the
Union. He has illustrated most sgnaly and most honoga
bly, himself the great value of independent and an
enlightened judiciary.
SENATOR WILSON'S SOUTHERN ALLIES