New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-08-13
CASE or PASSMORE WILLIAMSON.

CASE or PASSMORE WILLIAMSON
To the Editor Of The ~ y Tribune:
SIR So deeply rooted in the hearts of all good men s
the liberty element the freedom sentiment that any
srant OF our ctiz in the enjoyment and exercise
Of their naleI able rghs-liie liberty and the pursuit
of happness-never fails to spirit of inquiry
into the cause and examination into the lasfuness and
Justice Of such restraint To such extent has this
great sentiment this ennobing element, been active
among Us that within brief period, and still fresh in
the memory of all, officer Of the L. =. Navy re-
ceived the uubounded applause OF the public, ana
finally the honorable awards of his Government, for
his fearless bodness in the enlargement from imprson
mont while on the distant shores Of the Mediterranean
OF the person of foreigner Dot then fully eutted to
the inmunitos Of American citizenship. The enchant
ment which distance always lends to the behoder, be-
sides the prestige OF arms, in the example referred to-
10 doubt contributed much TO the enthusiasm mani
tested. These remarks, however, en- Passaa tue de-
sig of this paper 10 inquire whether there Is IN the
law of the land any remedy for the lmprsOnmelt IN
the Civ of Philadelphia of American citizen,
which shall operate immediate discharge and hOer
aton fiom TIE CUSTODY of the Uulted States Marshal
The individual referred to Is the Mr.. Williamson, con
fined here for sn alleged contempt of court un6er
commitment by the United States District Judge,
KANE.
twill. therefore, be no part of this inquiry to ex-
anime whether the Federal Judge had the rightfl
10
of doubt on that subject and il the remedies which
shall here present shall be applied by the prisoner
a. airst that fun dictionary the event will show his act
to be without the pale of the law, and himself proper
subject for Its amendments. The ready trial at com
mon law which the proposed writ will bring to the
prisoner cannot fail 10 stamp on the individual whose
dignity has so much suffered in the premises rs TO
call for such an example as the incarceration Of Mr..
williamson a mark more indelibe than that which
sacred history records placed by the hand of the
Almighty on one CAIS, who did not imprson
but Kill his brother. Nor will il be necessary 10
inquire into the refusal OF Stste judge to
give the prisoner relief under the writ OF habeas
corpus though 1t manifest TO him that the act
complained OF had precedent only in times aud places
of bsihsIity, end would cause Star Chamber aud
1ieh Commission digniiary to blush to enforce upon
peaCeable and Unofendng citizen an edct SO maleyo-
lent. We are prompted, almost, to stop here for
moment and, defening our main inquiry to dwell on
the power Of the States 10 see whether there Is any
thing Il f. of boosted State sovereignty; TO measure
the overwhelming ayalanches OF Federal power that
lie with the cold freshness of lcebergs on the bodies
poic of the Free States, and to ask in deep soro",
where are the expectations OF the fathers and trainers
of the United States Government Has that Seven
uent shown Itself splendid failure after seyssy
YEAR movement Has justice az all been established
Has domestic tranquility been insured III a. the
common defnse been better provided for Has the
general welfare been promoted Have tue blessings
of liberty been secured 10 Hsi Our fathers wrote N
memorable instrument IN which Is recorded Their
terity."
But 10 answer or enter upon these topics in this
place would be foreign 10 our purpose. Now we IN
oure whv is il that respectable citizen, IN his own
city. at bone, among numerous and wealthy friends,
surrounded b. men of similar faith and principles 10
bis OVID may not have their aid, sympathy, counsel
And We proceed without further delay to the man
question before US for our examination. Is mere
kHoun 10 the lac any remedy rhieh BE- aPpied 10
Ne mediate Iteration Of PdssnOre Williamson from
ne custody Of the United States MARSHALL The writ
ofhaLeas corpus has been tried, and he il still pris
ouer from day TO Jay he orciby feels the nat of the
Federal functionaIy,
- snraens anrnis eolestibgs iraer
But the writ de koriAe reDegiaHd0 has not been
tired and why II is a Common Law wit, aud may
be used 10 dan in all the Staies OF this Coniederacy
where their Constitutions, Bill Of Rights, sna laws
have adopted the usages ard customs Of the English
law, in al cases Of imprisonment, n'st eqptas est
Ttr specqle preoptHm HOtrunl, rel c0pfds JHsttd-
"a H6sfri eel pro m0rte h0HiHis toresfa Hostra rel
"Dro ahquO eel pro aii0 Tet0, qnare secundn1a con-
" sutttdinfm Aagii9 non 81 repiegiabnts. Inc
exceptions are seen IN this quotation II Il well
Known that The worthy prisoner ef the Pnladelp ala
Federal astilary Is Lot taken into custody by the
special piecept OF The people Of zoe state OF Peuh-
sylyania by The special order Of the Chef justice
OF the State OF held Tor the death OF man. &C. &c, or
kept in jail for any other by which, according
to Tie custom Of England be is not repesiable Nov,
VIA binders the immediate use Of tins writ Is
power, and force, and presence are equal 10 the
L
OF tie Sheriff of the City and County OF Phiiad-l-
lhia In the Lar guage OF Blackstone: tie wrl ds
"iOmUe rtpsganf0 les TO repeyy man oui oi pr.On
or out a the custody Of any lrvate persOn, uDOl
"eiving security 70 the Sheriff that the man shall be
4" forth, onirg TO answer any charge against him."
The use Of the writ de tOmine TeDegiGRd0 must
always hoerae IN the not excepted, but II should
Lot be forgotten that the OF the Imprisonment
viii be the subject Of inquiry IN tie Court into which
il Teturusble and may be that the trial viii rosllt
* the defeat Of The plaintiff bu' il 10 him the
e right Of trial Do Jlry. Tis remedy Of the COM
non law l. attended with much Inconvenience and
difficulty in procuring the necessary bail 10 the sheriff
for the redenvey Of the prisoner il the tna by the
jury be should fail in his case that it hntreqaent
use Need lot surpnfe any ore To this cause, more
than 10 any other perhaps msy be attributed Us CON
user-why II has nearly gore into desueiude Sherins
are be sole Judges in such Of the amount OF bail
20 be given ard they are not usually disposed 10 &C.
oept small SUN or men o. small means. The habtGs
corpvs on the contrary is not thus trammeed, and
besides in some of the States, its allowance 10 ell
priseneis by the Judge provided for under heavy
penalty Of refusal to grant H. Il Il easy to see, there