New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-28

| .,o.,,;o, sb,o,.g, out He renewed hir denial that
he RAJ CONTROL a, any me over The movement. OF the
slave, OF knew theu pre- en- "ns, t '"'"
The che rsf vas before me on ihe h3hInt'
cA.1not look upon this retGrn Otherwise tasn as
lu. >~y-in es ri phrase as We, II not iaise 4,
-es ont that tha al.eged Prisoues sat Fo' nov" -.
have 10; been slce The isue q the haoeaS oo'pes -
= e custody, power possession u fhe rrpOndeh's
aid m 80 Ter Il uses iegaly Appropriate language
sucn return. But II goes fur her aud oy added
WolUs evs an Interpretation % tbs; language essen
| Tally variant nom iiSlessl import.
lt debss that The prisoners were viohia his power.
custl o. or possession a. eEg ffgC hcfrcr Now the
evidence Of res cable, caon,ra ct,c WITNESSES, and
tie adm Nsion OF the posdent hi0slf sssablsh the
I f,c le,o-d controversy nat toe prlsossrs st
81 q tine within bis power sBj contDl. Hc was ne
person b, whose counsel The .o-cae rescuD as de-
Weed lie gave the airec loss spd hsseoef 10 me
pisr 10 stimulate and supcrSlss ihtif eNecu'ith~ lie
ve Tho soke ieu ai, fret after awning here.
Of al the partissto the act ~ violence he . ihe
only white man. the only citizen, the only ndiv cssi
having recognized polii, al dgnty the o1iy ~ rsn
whose social iranirg coud cet.ny internrt ei AR
his own iuii,s or tie rights OF ohec under ne Oss-
stiiuuOt of the ltuc .
n worlt be futile AMI worse, 20 cue that he W no
has orr ned aud guided and headed mob ~ one"
the Abduction and imprisonment 81 othefs-he iir'
whose presesce by whose active inuencc tr alb
ducton and imprisonment have been brc-;ght abcut--
BIT excuse himself from responsibility BY The aaser-
tor ihst Il vas not his han that made ne unla std
assault or that be never acted IS the ga0or ie WHO
urites with oh 81 70 commit crime share with them
oil n LEGAL liabilities hat attend its commission
he chooses lis company aud adopts their Gets.
1his is the reti butve law of al concerted crimes,
and s err ument spples with peculiar iorcrto tnoes
cases IL which Tcaiess and pruvcNiion OF w-cng aro
sought through tie wit OF hacecs oorPas Ehs, the
GREAT remedial process by which liberty is yintcated
aid restored tolCret,s no language Ia Tie cspotse
vi ch il calls for thst mask q aubierfuge Toe
dean 81 interests of life personal safety, doSesnc
pe6ce social epose al that man can value oF t1at Is
worth living for are involved in this principle The
institutions of society would lose more than bali ther
value ard Courts of Justice become 1potent Tor pro-
lection n The writ OF hoscaS corpus coust not cOupef
tie truth, full, direct, and uuequVocaA N answer 70
IT, mardafc
L. will not do to say to the man whose wife whose
dsugl as beer abducted, " did not aoduct her;
is not IL NY pose sson; 60 not dotain her ln-
.sasnuch as the assault made by the hand of my
"subordinats. ard have iorbOme to asA where they
"uroyose co1sumatng the wrong.
Il is clear, then, as it seems 10 me that a legal ao-
ccpiauce the parties whom this writ called on Mr.
Williamson to produce, were at one time within Ire
DOW ,r al d coirol, and his 30 far - relates
to his power over them, MAKES no distinction between
that tin and the present. cannot give dinerent
int tafion to his LAM from that wh0h he has
Practically given himself and cannot regard nm as
den, ing his power over the prisoners now when no
dcer aver that he has ost tie power which ne Tor
nerN had.
lie has thus refused at least be has failed to an
swer TO The command of the law. lie has chosen to
decide for huse upon the iewfuness as wen as the
n oral uoprety of bis act and 70 withhold the 49,
eltninment and vindiCatiOn o. the nights OF others
hom thar same forum OF arbirament on whicn all
his III hts repoee. In wed he has p1t n,'nsen
contempt OF the process OF this Court ana chaonse
its action.
That action can have no alternative form. Its one
too clearly defined by ancient and honored pFecedent
too Indispensable to the administration of social Js-
lice suo The projection of human RI h aud too pOten
tally invoked by the special ex seBcy OF the case now
before he Court to excuse even doubt OF my duty
or an apology fer its immediate performance.
Tbs cause was submitted 20 mo by the learned
counsel for the respondent, without argument, anal
have erefore found myself at some loss 10 uuoer-
sand tie grounds on which, II there oe any suon,
hey would claim the dis, barge OF their client Ons
only has occurred to perhaps within ms view
and Of this | think il night to express my oplnion
will frankly reconsider II, however, II any future
ASPECT of The case shall invite the review. ,
IL this that the persons named in this wr1t as de-
tanned by the respondent were not legally slaves mas
much az they we're within the territory oil fennsyi-
vania when they were abducted.
Waving he inquiry whether for The purposes OF this
question tloy were within the territorial jurisdiction OF
Pcnsy lyania while passing from Que state TO another
mon the navignbe waters of the United States--a
uoin on which my frs impressions adverse to the
arguu cut-l have TO say:
/. That know Of no statute, either OF the United
States or OF FeDnsylyaia of New-Jersey, the only
other State that bss quail fed jurisdiction this
pant Of The delaware, that authorizes the orcibe ao
ouction of any anything whatsoever, with
out claim OF pIopOty, unless in ad Of legal processi
2 That | know of no Statute of Pennsylvania which
affects 10 dvest the Tl hts Of property of citizen Of
North Carolina acquired and asserted under the la 20
d terhhre
verien 10 pas through he Territory OF Penney lyania.
g. Tat / am not aware that any such statute, IL
such a ore were shown, could be recognized as valid
in q Count OF the Uned Sates.
4 That II seems 10 me sltogelher unitap )rtant
whether they were slaves or not. L. would be the
mockefy of philanthropy to assvrt that because men
had become tree they might therefore DO ofciby alb,
Quoted.
I have sad nothing of the motives by which the re-
tpouSeut has been governed. | have nothing 10 do
sith thfm; they Hay give him support and comfort
\ before infinitely higher tribunals ito not imPagn
II them here.
II Nor 90 allude on the other hand 10 those special
claims uUoD our h0spitabe courtesy VIII the diplo-
matIc character OF Mir. Wheeler might to assert
for him | am doubtful Whether the Acts Of Congress
aiye- To lin and biz renue AID his property that pro-
tccton az representative Of the sovereignty OF me
limited States which they cOncede 10 all soyeregntes
bsfe Whether. under the general law Of nations.
he could not AK broader privilege Than some sudi-
dial recedenis might seem 70 admit n not necessa-
rijv involved in the cause before me-
In is enough that ind, az the caze stands DOW, inc
Main and simple grounds of aiudicatlon that Mr..
Williamson has not returned tTuihiuly anu fuiiy "
the wit Of habeas corpus. lie must, therefore, ssno
countted Tor contempt Of the legal process OIL inc
Court. n....Ao..
hsto the second motion Of the District Attorney,
that which looks TO a committal Of perjury wiuho'o
anexpr --ion OF opinion IN regard 10 H. IL h unne
cessafy because Mr.. Williamson beng under srrt-t,
he nav be charged at any time by the Gfand Jury
and apprchend that there may Dc douDlS VIII ~ -
sfdayt shout not be regarded a. extra Judicia al
IctMr williamson the respondent, DO committees
70 ne custoGy of the Marshal without BAL or main
prize az for contempt Of NOnrt III ioss"s " a',
aer 10 the writ Of habeas corpus heretofore awarded
soait n him al the relation Of Mr.. Wheeler.
Aner Judge Kane had concluded District Attorney
Vend,ke moved that a commitment under the seal u
the Court be issued, and the defendant, Paszmore
-. ~ "A ~ nj