Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1855-08-10
Tho Philadelphia Slave Cnse.-Judgc
kanc's Decision.


have been presented ere now, The facts arc
briefly as follows Col. John IL. Wheeler
American Minister to Nicaragua, left Wash
ington, N c., on his way through pcnnsyl-
yania and New York, free States, to Near
| aqua, which is also free country. Perfect
| ly aware that he could not take into a Free
State his slaves without their becoming free
! by that act, he voluntarily took with him
three slaves, II mother and her two little
boys from to IL years old. She had been
told that if she was taken by her master into
a Free State she would be entitled to her free
dom, and she determined to avail herself of
her rights if possible While Col. Wheeler
stopped in Philadelphia to dine, she contrivcd
to make her case known to some friends Of
freedom. Among others, it reached the cars
of gentleman of well known high character
Passmorc Williamson, Esq. He went ON
board the steamboat then lying at the
wharf, and bound for New York. and in
formed the woman of her rights in the pre-
scncc of Mr.. Wheeler. She and her children
aided by some of the colored persons then on
the boat, strangers to Mr.. Williamson, went
Immediately on shore, and by them was put
into II carriage and sent to New York. This
was not done by Mr.. Williamson, who simply
/ hurried them on shore, as the boat was about
to start. Mr.. Wheeler objected to their
going and promised the woman that he would
give her her freedom. She said she ,riShCd IN
. he FREE, and gladly went ashore as fire.
romaH. rather than trust to his promises, to
be fulfilled or not when he should once have
/ her again in n Slave State Mr. Williamson
never had their care or custody,-did not
know where they were gone. nor in whose
company they went away.
Col. Wheeler rcsortcd to JonN X. KANE,
United States Judge, and at Col. Wheeler
instance the Judge Git does not appear on
what grounds he took iurisdicton) granted
him writ of hdbeas corpus, directing Mr..
/ Williamson to produce the slaves in court,
with the cause why they were imprisoned.
10 this writ Mr.. Williamson made II full,
complete and legal answer that the parties
were not in his custody, power or possession,
and never had been, and therefore he could
not produce them, and on personal examin-
alton under oath, he repeated the same
answer The counsel for Col Wheeler Che
evidently hnec the judge moved that Mr..
Williamson be committed to prison for IL
contempt in making false return, and for
perjury. Mr.. williamson counsel evidently
supposed the judge to be impartial, and did
not think it necessary to say word in oppo-
sltion to 50 preposter Gus motion. The
Judge passed over the contempt, took time to
consider as to the perjury, and held Mr.. Will
hanson temporarily to hail in $1,000 When
brought up again, the Judge ordered him to
prison Internationally and without limita-
ton Of time. and without the right to bail
as for a contempt m refusing 10 ans'c,r to the
writ Of hoJcas corpus - and in saying that he
ncrer had had the possession of the slaves,
which the Judge said ,ras false, because Mr.
W illiamson's encouragement of the woman
to take herself off. and his iavoring those who
helped the woman and children ashore was to
be interpreted as possession of them-and
h decl'ncd 10 hoM him for perUWY''
to amend the return to the writ The Judge
said it was too late, and Mr.. " illiamson was
taken to prison, where he yet remains
Subsequently, application was made to the
Chief Justice of Pennsylvania for relief; but
Judge Lewis held that he could not inter
icre. The State of Pennsylvania cannot pro-
tect her own citizens nor secure them Il trial.
The rule of law is considered well settled
that slave laws have no extra territorial force,
except SO far as slaves Rccing from a stare
state are concerned lfa STAKEHOLDER volun-
tarily takes his slaves to Il free state, they
are thereby made free, and this whole pro-
cccdng must have been perfectly transIa-
rent to Judge Kane. 1t was not an caSidrjHg |
ard nnprisoHing Of this mother and her chill .
dren, but restoring them 10 f'eedom by law |
as respectable as that which had before de |
rrived them of their liberty, that Williamson
was charged with. Now what was it to John |
II. Wheeler, or John X. Kane, where those
Ir,c persons had gonc' What was it the L. |
) Judge and the T. S. Minister sought to do |
TO liberate prisoners-to let the oppressed 90 |
free ; Not at all but to re-kidndp and cn- |
stare he free The judge on the bench be-
fore hearing the testimony, declared that the |
meddling with the rights Of Mr.. Wheeler,
was II criminal, wanton and cruel outrage
dicial propriety with which to commence the
hearing We can imagine the interview
when the judge at the instance Of the Minis
ter granted the writ. Judge Kane, these
ID Philadelphia abolitionsts have let my
servants know that they are trcc, and thoy
have helped them out of my reach. What
can ! do to get them again . Col. take a
wit of hdJ'os corpus and bring them buck to
alayery = Would it not be good idea to
have grand habeds corpus writ, AS one of the
Ial ers of "A SLAYER, 80 that if a cruiser should
restore Il cargo to freedom, they might he
brought back and slowed away under decks,
till they could be got safely to Cuba or
better yet, why not ship L $. Judge, as
one of the crew 1t would be 50 handy. as
Mrs. Toodle says, TO have one in the house.
Was there ever such IA prostitution Of the
sacred writ of freedom, sanctifed by centu-
rcs Of devotion to human dtiyeraucc Was
it ever 50 desecratcd
And the purpose to which it was really de-
voted in this case, was no less Il fragrant
pcrverslon ofthc writ Its real purpose was
to Intllct vengeance on Mr.. Williamson-to
lmprison him without H,ai and without r.
1r'SS. If his return was .Iaisc, as the Judge
asserts, he was guilty of perjury, But the
Judge does not hold him for perjury for
then ne will have the common privilege of
citizen, bail, the grand jury, and the petit
Jury certain acquittal must follow, MS 10y
the proofs it was clear there was no fllsehood
in the return That no civil wrong had been
committed by him on Col. Wheeler, was a lso