Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1855-08-18

He has thus refused, or at least he has fail
ed, to answer to the command of the law. He
has chosen to decide for hmselfrpon the law
fulness as we'll as the moral propriety of his act
and to withhold the aScertainment and vindi-
| cation of the rights of others from that same
| forum of arbitrament on which all his own rights
repose In word he has put himself in con-
tempt of the process of this court and challenges
its action.
That action can have no alternative FORM
1t is one too clearly defined by ancient and
honored precedent, too indispensable to the
administration of social justice and the protec-
ton of human right, and too potentially invok-
ed by the special exigency of the case now be-
fore the court, to excuse even doubt of nv
duty or an apology for its immediate perform
ance.
The cause was submitted to me by the learn
cd counsel for the respondent without argument,
and | have therefore found myself at some loss
to understand the grounds on which, if there be
any such, they would claim the discharge of
their client. One only has occurred to me as,
perhaps, within his view and on this think
it right to express my opinion. | will frankly
reconsider it, however, if any future aspect of
the case shall invite the review
1t is this That the persons named in this
writ as detained by the respondent, were not
legally slaves. inaSmuch as they were within
the territory of Pennsylvania when thev were
abducted
Waving the inquiry whether. for the pur.
poses of this question, they were within the
territorial jurisdiction of Pennsylvania while
passing from one state to another upon the ma
vigable waters of the United States-a point
on which my first impressions are adverse to
the argGment-I have TO say -
l. That know of no statute. either of the
United States, or of PENNSYLVANIA. or of New
Jersey, the only other state that has qualiii-
ed jurisdiction over this part of the Delaware.
that authorizes the forcibe abduction of anv
person or any thing whatsoever. without
claim of property, unless in aid of legal pro-
cess
,, That know of no statute of Pennsylva-
MIA, which affects TO diveSt the rights of pro-
perty of citizen of North Carolina. acquired
and asserted under the laws OF that state. be-
cause he has found it necdful or convenient to
pass through the territory of Pennsylvania
). That | am not aware that any such
statute. If such a one were shown could be
recognized as valid in Court Of the United
States
1. That il seems to me altogether unimror-
tant whether they were slaves or not Il would
be the rlockery of philanthropy 10 assert that.
because men had become free. they might there
fore be forciLly abducted
| have said nothing of the motives bv which
the respondent has been governed / have no.
thing 10 60 with them they NAV give him
support and comfort before an infinitely higher
tribunal; do not impugn them here.
Nor 10 / allu;le, On the other hand. to those
special claims upon our hoSpitable courtesy
which the diplomatic character Of Mr. Wheel
er might seem To assert for him. | am doubtfal
whether the acts Of Congress 60 not give 10 him
and his rctinue and his property that protec-
ton as representative OF the Sovereignty Of
the United States which they coacele 70 all
SoTereignties besides Whether. under the
general law of nations, he could not ask a
broader privilege than some judicial prccedentS
might seem 10 admit. is not necessarily iuYoly-
ed in the cause before me-
1t Is enough that find, as the case stands
now. the plain and simple grounds of adjudica-
ton. that MIR Williamson has not returned
truthfully and fully 10 the writ of kGbsas ar
pas. He must. therefore. stand committed for
contempt Of the legal process of the court
As to the second motion of the District At
torny-tllat which looks TO a committal for
perjury withhold an expression Of opinion
IN regard 10 it. Ii Is unneceSSarr because Mr.
Williamson being under arrest. he may be
charged at any time BY the Grand jury and
| apPrellend that there may be doubts whether
the afidayi; should not be regarded as extra
judicial and voluntary
Let Nj Williamson. the respondent. be
committed TO the custody Of the marshal with
oat bail or mainprize, Is Tor a contempt Of the
court in refusing 10 answer 70 the Wit OF AgJ.zs
aorgzs, heretofore awarded against lilH al the
relation Of Mr. Wheeler