Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1855-11-02

society, founded hY DR.. trhnAlln, lur ll'
rclisror fro blacks. claimed as slaves. lie
informed the slaves In question that, by the
laws % Penusylania, they were entitled to
their freedom, whcrcupon they left their
master. and went their way. rs they had
the most perfect right % DO. Wheeler ap.
plicd 70 Judge Kane Of the l ;. District
Court, fora writ Of hG'sc, corpus, dircciing
Williamson ~ hring the alleged slaves be-
fore his Court, a. o. dealt with according 10
the law. To TIL, writ, Williamson made
return that the prrsUns specified In tho wit
we're not under bis control and that he'
therefore. could not bring them into Court
aud be- added that they hcf nerrr, a. any
rms. ls,u ugfp hs control Judge Name
finding himself ioilcd in his purpose N re-
turning the slaves O. their former owner,
discovered in his return TrrtcXt tor punish.
ing Williamson. he mimic an elaborate
argument o. prove his return to The VIII "a
contempt of Court. H. could find no con-
trmrt in the allegation that tho slaves were
not. az the time of the service oi the wit,
under the control or Nilliamsln, but he
claimed that &c had been proved that. 90 the
time OF thrir escape, they were s1. Tic in
sartiun OF this allegation, ,iE h-'i,g Ngrf'
Lef urrrr hn4 ur.r ~ control ~ Ntdrm-
,c1. be- decided o. be contempt oi court, Tor
which hc. at once, Sentenced Williamson %
imrri.lnmCut The counsel OF Williamson
immediately asked permission Co amend Tie
return hy striking ont The oh'cciionnhl.
ulrt: but this permission was dcnicd, and
thc respondent was hurried OG o. prison,
where BE- It'll remains. I'm application o.
tho Supreme Court 1i Penn, iur writ u'
lg're, Crrrus o. lrinE before 10 the body ui
Williamson, has heru rrlusrl on the ground
SOLELY. that che State Caur; could not 90
h,hird Judge kaues adjudication. On
,hi. decision, we make un comment. II
was rrrhlr.. correct, and s''ms 90 hc snip
rort.yi hv presidents, So : Wheat. -, .
CUud. Ron -.
such arr tho facts IN thi, cos'. They
disclose an instance of l1wIrss oppression
and tyranny unparalleled in 'hc annals ut
nIie.al proceedings. aud thrv ought %
arr.usa a., indignation ~ the people O. a
degree which would h' satisfied with Moth
ING short of urrli-u ruui.hmrut ui th'
Judge, whose power has been 80 grossly
abused.
VIVA, s, the crime f.r which Williamson
b. iuUri-Iund'
I Isitin art that hr announced to.thc
slaves pg Wheeler their legal rights This
will MT hr claimed On the contrary, Il
v1, Do, risht and duty, as ha. been aid
elsewhere. of Jul-r Kane him'rll AMI Ut
every magistrate, every ufrrr uf justice, iu
fha state. o. give such information, and sr'
that tra lavs were oyrgU'.l according o.
fNrir benevolent ohrrt ami intent and not
-liIrr thr weak through Ignorance ui the
Jaw. iu their behalf, % become Oh" Irry ui
Che ,'rnu-, ualus and overriding those
law.
q. Was there any intentional c1n'cmrtof
court uu thr part uf williamson Ihs j.
rr, even claimed hy lul-. HNuc. How
could it hs when i'a respondent dr-ir,i 90
amend li. return hy striking out thr immn-
'.r1l part Of which uivy'rl ip' ~, tho
a.u,.mr, dr watch Do Ii.. Boz rri.0U was
'rhrIrl'-rnu.im.ii Hut hy rrls-
uu.r--vas. indeed, 200 contempt at all, as
any man of ordinary sense must So. II
was "a base IrH'rN' anil such must nr thr
judgement Uf the V'uVl' when the facts arr
understood.
3. IN POINT og rs, ihi. statement In VIII
IamsHr's return. that the slaves in question
had never hv'u under Do. control was strict
u.s. true. They were as frrr the moment
they reached, hy doe voluntary act of their
uvuer. the State of Pennsylvania, as judge
Kane h.m,' H. They wore mot under th"
control 20 Williamson, in any legal .Hus",
aud Dor, return was strictly clrrr'-hut
suppose % vsrr u0;--suTUH-H the r~rond-
.nt committed perjury DAD chat authorize"
thr Judge On commit him tD Vr.sIu without
% trial hy Jury For Oh. satisfaction Il
any lawyer who NAV urge that claim. W.
r.fa iIr following conclusive authority
Ill from any collateral evidence 10 should
arTaar that there isrgas.u thr respondent
l.u iFi.r, uFusO has T.riurrl himself.
thr Circuit Court will recognize him tp
answer 80 the next term OF thr Court o.
such matter, ~ NAV De- found -aiu.i him. '
Tu'.I Ns.,ys. DHf-|, - G#.s Z. Z.
70. 80. II therefore. wralmit that VIII
hanson wa, guilty of perjury, that was
a crime f- which hD should have been
indicted and trlrl hya Jury This, however
was ul' what Jujsr Kane desired. llrwrll
knew that williamson. return was true.
and that indicted ''r perjury, hc would bc
,dumrhautiy acquitted.
.. The power OF Judc, Kane % imTri.,n
Or contempt ~ Court, is defined hy an act
or Congress, passed March ., 1881, the fret
section OF which isas follows
"BsR, r1-,.d. So. That th, power oC
Oh, several Courts of the United Sntr,, a.
issue attachments and iuNir' summary pun-
.shmsut tor c1n,rmT's ut Court, shall not
hr construed On extend % uuy ct,r, except
tbs rgJ. lrr,ar ~ any person 0r persons, Ia
che presence 0G sail Cour's. ur sl near there
o. as 90 o'struc' the Administration II ius.
,i,e, AMI the mishghayi1r vt any of a., Oh
Gers 0G said Courts iu their official tau.ac-
tiIHs and tho duF5is1rr 8r resistance hy
aus lihcCr Of said Courts, party, juror or
witness, or any other persons, 90 any lave
lul suit, process, order, rule, decree or COM
mani OF the aii Courts
Was Williamson guilty of mishehayior In
Cpurtf This j. not pretended. Was be
guilty u dhlheiianca % auy writ, process,
lrl,r. rule, decree or command OF the
C0urt2 let Us s,r What was the writ
served upon him? /, made IL the duty Of
the respondent % hrin. the bodies of the
alleged slaves into Court. or % make his
return Of reasons Tor not p, doing. llo
made return accordingly. lie stated that
the person, were not, and never had been
under his control. and that he could not
therefore have their bodies ia Court Now
we ask any lawyer % Hy how, under the
net Of Congress quoted above. Judge Kane
had power richtully % impri.on for con-
tempt az Court There was 40 prctencc Of
misdchayior 10 C0urt-,hrrc was no dis5bc-
diance o. the writ-which was in cil,ct in
'ho alteruaiiyc-io bring IN the bo lies or
make return of reasons for not complying.