New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-09-15
DE WITT CLINTON on JUDGE KANE.

The case Of Passmore Williamson very naturally
recalls that of Yates o. the People, which was dis
posed of in the Court of Errors OF this State IN
1910. The prisoner having been committed by the
Court of Chancery to the custody OF the Sheriff OF
Albany for NAL practice and contempt, was brought
into the Supreme Court on a writ OF habeas
corpus, and after due examination there OF the
cause of commitment he ras ordered to be RENTED
10 the custody of the Sheriff, there to remain in
the same condition in which be was at the time
of the issuing of the writ OF habeas corpus
Upon this a writ of error was brought, re-
turnable in the Court of Errors, and the
question was whether writ OF error would
lie in the case, and whether that court could
revise commitment for contempt by judge
of an inferior court. AS member of the court,
De Witt inton gave his judgment 10 favor
of the prisoner, and in the course Of his re-
marks, among many points that might have
besrii g on the case now exciting such universal
.tte,tion. be exclaimed "Is the Gothic jargon
"f Norman lawyers and the ridiculous pc
"dautry of schoolmen still to peryade the
"teDples of justice, and to p'ostrste principle
sand right ut the feet of sophisticated non.
"seDse1" A pertinent question to ask Ia Penn
.ylysnia st this moment But the following e1-
tract from Gov. Cllnton's opinion is still more
interesting in IT'S application to the question
low under discussion:
cit il alleged that the pard ming power may be ex-
tended to the prisoner which Wi afford him complete
rlet The mercy of the Executive is one thing add
the iusi, e of the Court aaother pardon Is not a
remedy in the course of the law. Ii may or 1t may
III. ap1t - at.ttra lu nxfr I'm.
from judicial pro eedpgs. The sun OF the reasoning
il this: That citizen may be deprived of nls hoerty
without the accuse ion OF grand or the interp ,son
of petit jury, and the mere ma Of slAgle judge
thu; tns shall be without control aud the citizen
wiz on al all that he must continue Imprisoned Tor
life unless the Judge shall r'en, or uness the ENecu-
tive hal pare OIL THIS doctrine may sun the mer,d
ian II C0stdntrople but IS utterly TepngHdh 10 ne
o,h,Is Of fee g0rerRment. Ii me Governor cannot
or viii lot pardon, and The Legelaur7 cannot or wu
Lot relieve, tnrn cihzen may at any tiine, Oh 'ns
elouncs cOItended for be lacar Grated Tor liis 6y
co,rt COMPOSED ot single Judge, am without tue
be et OF trial by his peers and the judge cannot DO
called to account for BIZ conduct For, 1t rightly
understand the positions which are maintained
throughout, they are these A conrt may comm, i?r
cobieinpi wheih. p,rp.traed IN cour or not. This
commitment whether legal or Illegal, cannot De ex-
amped or overnauitd by any other t1ouna but 1t Is
to be considered final and conclusive, ana II may
coniinne durng the pleasure OF the court IL the
prisor or is brought up writ of hsbets corpus, the
court TO remand him the moment IL perceived To
be for q contempt aud no arlt OF err0 VIII lie on this
decision; and dthoHgh this may be rtckef aad oo-
pyessire, and may operate as an imprisonment TOR
hte Vet the court acting is not haole 10 punish
II eft, for a commitment is a Judicial acc aud 1t
is contended that 10 judge can be questioned tor
judicial acts ss such. Here then Ia case (exclut-
iUs The favorable nttrposihDn Of the Executive or
LEGISLATURE whert unjust or tyrinnicalj idse may,
at pleasure mprisob ILno'ent man tor life, and yet
pl-c. punishm, Mt at defiance doctrine pregnant
with such mons rous absur iities add teemlng with
lla autf. n III.
letter or the spirit of free and emil Shteued system OF
juris yrudeIce. A. d. ahousI trust we have no'nin5
TO 5pr, bend from suca pracucesin he times Ia whc
we live vtt IRE ought 10 Keep eyes fred on
tutarity The ali.pervsding force OF coTuptol and
the all erasping lust OF power may raise up tor the
Gesructun OF born generations men vino Will devoe
themse 10 oppression and 10 blood Why are we to
expect exemption from the common lot Oh nau )ns
In the true of events we must indeed, travel
the round of human calamity. Pes1le'e aud war,
fl mine and Oppr si0r vii visit Us, and we must anu
cpate that III come period the Tresilians aud tho
Jefreses If former times viii live agaD IN our tribunals
-ren who will imprison under tho forms OF justice,
and murder with all the solemnities OF las. And when
tuch arise 10 sc0urge the human race let us
ten YOU they will be supported by the arm OF power,
and will be attended by their obseqdiods 4atelltrs ana
suoo,h.f faced parasites, Who will deriie the MaynL
Chara Of your liberties and laugh a. the majesty OF tho
people
The large heart end understanding Of De Witt
Cnton-the man put orth az the Northern can
didate for the Presidency, around whom those
weary of chivaric political monopoly rallied-fully
embraced the nature OF personal rights; and with
seneralizing spirit which, applying IS his state
ments do TO the present day, experience has re-
solved into prophecy, be Grew this picture Of Jad
cinl tyranny and oppression. But what would he
ave ,sid had he forcsccn the entire stretch OF
wick ednrss 20 which u Kane can be- led aud
Hack and Lewis consent
WHAT SHALL. uE riiE NAME;