The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-09-27

all that Passmore Williamson did on the 18th
OF July. 1t is not necessary for our purposes
to speculate as to what the ultimate decision may
be as to what lawyers call the " status of these
human beings. 1t is enough TO know that then
such was thought to be the law We are hap
py to find that one Judge Of the Supreme
Court-one, too, who, when he was elevated 20
the bench, was elected by the largest majority
ever given 10 a judge in Pennsylvania, and
who still commands public esteem, thinks so
still. We need hardly say we refer to Judge
Knox. The slaves left the custody of their
former master and Mr.. Williamson, having
given his name and address to Mr.. Wheeler,
saw no more of them, and left the city on
errand of private business.
This, IT mistake Motive mean the affair
at the Manufactured between four and five
o'clock in the afternoon Of the 18th of July.
On the same day, whether by daylight, by twi-
light, or in hours of darkness, Mr.. Wheeler files
a petition to Judge Kane, or the District Court,
swears to it in haste. and prays for hGbeGs
corpus, directed tO Mr.. Williamson, to produce
the three individuals made free by Mr.. Wheel
ers own act. His petition does not venture TO
assert they were held to service by any law of
Pennsylvania or of the United States, but by
the laws of Virginia, and that they were detain-
ed by Passmore Williamson. This writ was not
served personally, in consequence of the acct
10Th of July, we have q new feature, in the in
tervention OF Mr.. Vandyke, the District Attor-
ney Of the United States, who moves for what
is called alias writ Of habedS corpus, direct
ed to williamson. In this new movement, it
would seem that Mr.. Wheeler personally had
no agency whatever, for all that was done was
by Mr.. Vandyke, the Attorney Of the United
States, who is described in Judge Kane's opin-
ion, not as counsel for Wheeler, but rs District
attorney. Let the record speak for itself:
son which said 10Th day Of July, A. ID. 1855,
Mr.. j. c. Vandyke, for petitioner, presents the
affidavit of William II. Miller, Deputy Marshal,
setting forth the manner of service of said writ,
to wit, that it was left at tie corner of Seventh
and Arch streets, and no return being made to
the said writ, Mr. Vandyke moves for an alias
writ 10 be directed to the said Passnore VIII
hanson, and thereupon II is ordered that an
alias writ do ISSUE returnable tomorrow morn
ing, at ten o'clock, said writ to be served upon
defendant at his place Of residence. Which
said writ is in the words following, to wit:
UNITED STATES,
Eastern District of Pennsylvania, D. IT,
[SealI The President ?fMe L. States
- N NAME PaSsmore JgTIlicmSon
Greeting: We command YOU, as before we
commanded you, that the bodies of Jane, Dan
iel and Isaiah, persons of color, under your
custody. as it is said. detained by whatsoever
names the said Jane Danic', or Isaiah. or either
of them, may be detained, together with the
day and cause Of their being taken and detain-
ed, you have before the Honorable John X.
KIne. Judge Of the District Court Of the United
State in and for the Eastern District of Penn
sylvania, at the room Of the District Court of
the United States, in the city of Philadelphia,
Immediately then end there to do. submit to,
and receive, whatsoever the said Judge shall
then ard there consider in that beh9iC
Witness the Honorable John X. Kane, Judge
of said Court at Philadelphia, this 9th dav Of
July, A. D. 1855, and the egbtieth year of the
Independence of the said United States.
CHARLES +. HEAzIlTT,
For GSe5VE Of DiStri,s Court.
To this writ, Passraore Williamson. on the
10th Of July, made return, in words Of entire re-
spect that the reputed slaves were not then,
nor at the time Of The issuing the writ, nor at
any time, in his custody, power, or possession,
nor were they ever restrained Of their liberty by
him, therefore, he cannot have the bodies Of
the said Jane Daniel, or Isaiah or either of
them, before your honor, as by the said writ he
is commanded"
On this return, as we have said, perfectly re
specttul in its terms, Judge Kane adiudged
Passmore Williamson guilty of contempt in re-
fusing to make RETURN and committed him
W pIlSOll, "HcIc Ht no" IelldlllS-InG luLlate OF
the common Jail of this county, within the aue
walls and breathing the same atmosphere with
felons of all descriptions Now, on this state
of facts. and we have endeavUrcd to recapitulate
them fairly 1t is difficult to withhold =. pretty
strong expression Of opinion as to the conduct
Of the Judge who has thus Summarily disposed
of the liberty Of a fellow-citzen, lut it is our
duty rather TO justify than to enuncate such an
opinion. We will ondeavor to do so, simply
and intelligibly. If man is sent to Jail for
stealing, or murder, or rape, or any misdemean-
or defined by law, we have no difficulty in I'M
derstanding what it means. And when SEN
tence is pronounced for contempt, our mother
wit tells what IL means too. But that there
may be no mistake, we turn TO the written law,
and there we find it exactly described.
"The powers of the Courts of the United
States" says the act of Congress, to in6ict
summary, punishments, for contempts, shall not
be construed to extend to any cases except the
misbehaviour of any person IN the presence of
the Court, or so near thereto rs TO obsiruct the
administration of justice-the disobedience of
any party or other person to any lawful writ,
process, rule, order, decree, or command of the
said Court"
1t is very clear that, in the ordinary sense of
words Mr.. Williamson neither misbehaved nor
disobeyed. He was respectful in manner. He
obeyeG the writ, and we have to turn to Judge
kane's opinion TO discover where the contempt
was, how be misbehaved, where he disobeyed;
and, turning there, it is not easy in the maze Of
flatulent rhetoric, TO find it. \ penal statute,
we remember once TO have read, must be con-
strued strictly; and most strict, one would think,
should be the construction Of statute which
clothes single Judge with arbitrary power. Not
so is Judge Kanes view of the written law. He
says, for we use his very words, that William
sons return was " illusory and "evasive,' and
that ne, "being a white man, the only per-
son whose social training could interpret either
his own duties or the rights of others under the
Constitution of the land Now, really, if we
were not apprehensive that Judge Kane might
take it into his head to imprlson US, being
white men whose social training" &c, for con
tempt, and knowing that if he did, the Supreme
Court of the State would not give Us a habeas
corpus, we should be tempted TO call this mere
twaddle-that sort of fimsy commonplace with
which feeble juridical writers disguise their
weakness. Is it consistent with such an express
definition of contempt as the act of Congress
gives, that an WuS0ry or an erGSiUe return can
be contempt, whether it be made by black or
white men-by the most ignorant negro porter
thst ever helped a fugitive to escape, or one 1--WE
are almost ashamed to repeat the sentence
AGAIN. whose social training could interpret
either his own duties or the rights of others I'M
der the Constitution of the land?' Iet so, We
are panied to say it is proclaimed and maintain
ed IN high places and Passmore Williamson,
one { our PENNSYLVANIA men, one who, whatever
may Ue his errors of Judgment and we have not
concea'e ed our opinion Of them, acted undoubt-
ed'y from motives of philanthropy, is the inmate