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

lie In Jail forever. without appeal. without redress.
Judge Black indeed tells us that judge may be
impcnchcd for abuse Of this process OF contempt
but that 10 process requiring many months, II not
years. for its contamination aud even then, as q
redress for the injured, il is wholly illusory Sup
pcse our next Congress were TO put aside
the momentous questions that will press upon 1t
and spend two or three months IN imPeachlng and
irving Judge Kane for his treatment OF Passmore
Williamson; and suppose the impeach nsnt should
be sustained by two thirds vote OF the Senate,
deposing the Judge how does that help William
sonl He was in jail before; he is in jail still {;
the Judge who put him there is no longer Judge
and cannot release him; one Judge is not to re-
view another Judges proceedings in cases OF con-
tempt how is Passmore Williamson ever to be
liberated Who can say
But this whole business of constructive con-
tempt Of Court becomes worse than contempti-
BILE in the light Of this Williamson case. Judge
Black constantly speaks of Mr.. Williamson as
having been tried for contempt, convicted Of con
tempt, &C. when all the trial he has had would
have disgraced the French Revolutionary Tribunal
in the worst days of the Reign of Terror. He was
summoned to produce in Judge Kanes Court the
bodies of Jane johnson and her two minor chill
dren whom he had barely seen on steamboat
deck the day BEFORE and over whom he never had
nor claimed he slightest authority or control
He appeared in response to the writ, and
made oath that the said Jane johnson and
children were not under his cOntrOl-that
he knew, not where they were-and could not
produce them. This return Judge Kane chose
to consider false and evasive, AMI thereupon
sent Williamson to prison as guilty of contempt.
There were no witnesses, no jury, no trial
nothing but the arbitrary dietum of John X.
Kane. But Black & Co. coOlly. assume, while
dsclsimiDg any right t, adjudicate the question,
that Williamson did lie in his answer to Judge
Kane, and that he might have produced the
Jchpsons if he had chOsen-and thereupOn lee
ture him as follows:
"Mr Williamson had no right TO arrest the inquiry
because be supposed that error would be committed
on the question of Jurisdiction any other question:
If the assertions which his counsel now make on the
law and the facts be correct he prevented an audi'
cation in favor of his proteges, and thus did them
wrorg, which is probably greater ohepse IN bis own
eyes Than anything he could do against Mr. heeler
rights There is to believe that any trouble
whatever would have come out of the case if he had
made true full, and special return OF all the iacls
for then the rights of all parties, black and whe,
could have been settled, or the matter dismissed for
want of jurisdiction, il the law so required.
"The law will not bargain with anybody to let Its
Courts be dcfed for a specified term of Imprisonment
There are many persons who would gladly purchase
the honors OF marty rdom in popular cause at almost
ary given price while others are deferred by mere
show of punishment Each is detained until he finds
himself willing TO conform.
"This il mercful to the submissive, and not too
severe upon the refractory. The petitioner therefore
carries the key of his prison in his pocket. He
cen come out when he will by making terms with the
Court that sent him there Bot if he choose to strug
gle for triumph-if nothing will content him but
clean victory or a clean Static cannot expect us
TO aid him. Our duties of widely different kind.
They consist in 6scouragDg much as in us lies all
such with the legal authorities of the country.
The rrit oChabeas corpus is refused
We live in faith that there will be, ere many
years have elapsed, Supreme Court in Penn
sylvania, which, if it should even refuse to de-
fend her imploripg citizens against outrageous
expressions and injuries, will at least refrain
from nsulting them in their day of affection.
Patience the wheel is revolving