Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1855-08-08
From the Washington Union.
fuE WHEELER SLAVE CASE.

.t"dro Rano of the district court of the United
States for the eartern district of Pennsylvania Inc
cninion does honor to him, both as a Jurst and
magistrate It has too long been assumed by the
half-insane fanatics who, under pretence OF pnhah
thropy are doing all they can to hurry the country
into civil war; that in the pursuit OF their crlhil
objects they may not only murder with lmpun'ty
the ministerial officers of justice but also perperate
at discretion any amount of perjury ana suoorna-
ton of perjury to obstruct the course OF Justce Ill
the courts Thank Heaveni there is IN Fennsylv va
mia at least enough of public virtue lett 10 stem the
tide of anti slavery corruption, taSehood, ana crie
which threatens to overwhelm other Northern
States in which the public mind seems to nave De-
utterly debauched WITH negro INJURIES a1'Ss
Beyond the salutary influence OF Judge name
decision in this respect is the Importance OF the
main question involved, which is whether the cru
zens of one half of the Union can or cannot pass 0y
railroad steamboat through the other nan OF Tie
Union without being subject to highway robbery,
under pretence that the legal relation OF master ana
servant is local the State to which the master De-
longs and cannot follow him INTO or through any
other State. . .
It has been decided in some of the States, that if
the master goes with his slave voluntarily to reside
into State where slavery has been abolished by
Low. in snch case the slave becomes entitled to free
dom if he choose claim it. Quite recently, an at
tempt has been made in New York to extend this
doctrine to the of slave whose master merely
passes through the State in transit Tor announcer ote
Or for a foreign country-we allude to the Lennon
case now in litigation between the States OF New
York and Virginia. The same question, 1t appears,
IS
Wheeler We cannot doubt how it ought to be de-
cided Judge Kane declares that ne Is not aware OF
any statute of Pennsylvania which affects to diVest
the rights of property OF citizen OF North Caroh-
ma ACQUIRED and asserted under the laws of that
State because he has found it needful or convenient
to pass through the territory of Pennsylvania; and
that he is not aware that any such statute if such
one were shown, could be recognised as Vailu IN the
courts of the United States
1t was indeed, long ago held by the supreme
court of Pennsylvania that the slave did not become
emancpated by the mere transit or even temporary
soiourn of the master in Pennsylvania 1t could not
be otherwise; for if it WERE then that clause of the
constitution by which the States stpulate each to
the other that the citizens of each State shall be
entitled to all privileges and lmnunltleS OF ctzens
snare The State of New York has no more constl-
tutional power pass law in such case, dissolv-
ing the legal tic of master and servant as against
citizen of Virginia or North Carolina than it would
have to pass a law to dissolve the bonds of matri-
mony against husband and wife in transit through
New York. The aboltionists, in their stupid phren-
sy have assumed that this clause of the constitu-
ton prevents the State of South Carolina Lousi
ana from enacting police regulations concerning
negroes from other States on board merchant ships,
although several of the abolition States have passed
police regulations of infinitely greater rgor against
whole classes of white men, whose presence they
consider inconvenent to the State. While it is per-
fectly clear that every State has full right to pass
such police laws for the protection of its domestic
peace, health, or finances it is equally clear that no
prevent the transit of citizens of other States
strip them of their rights of property during such
transit If the State of Pennsylvania possessed any
such power as the abotonists have here claimed,
of course the same power is possessed by Virginia
North Carolina and it may be tearfully retorted
by the Southern States upon the citizens and prop
erty of the Northern States. Some of the Northern
States have already afforded but much of tempt
alton and nducement to such policy of Southern
retaliation. 1t is consolatory and gratifying to see
the great State of Pennsylvania taking the initiative
in a course of adjudication so emnently conserVa-
tive and constitutional, and so much in contrast
with that splenetic fury of abolition delirium which
RACES in some other States
DECISION OF JUDGE KANE
The o. s. 4. er. REL Wheeler Passn,Ore VII
Hanson. Sur. h@6eas corpus 9th July, 1855.
Colonel John II. Wheeler, Of North Carolina, the
United States Minister to Nicaragua, was on board
steamboat at of the Delaware wharves, on his
way from Washington to embark at New York for
his post OF duty. Three slaves, belonging to him,
were sitting at his side on the upper deck
Just as the last signal bell was ringing Passmore
Williamson came up to the party, declared to the
slaves that they were free and, forcby pressing Mr.
Wheeler aside, urged them to go ashore He was
followed by some dozen twenty negroes, who by
muscular strength carried the slaves to the adjoining
pier ofthe slaves at least if not all three strug
Cling to release themselves, and protesting their wish
to remain with their master; two of the negro mob
in the mean time grasping Col. Wheeler by the col
lar and threatening to cut his throat if he made any
resistance
The slaves were borne along to a hackney coach
that was waiting and were conveyed to some place
of concealment; Mr.. Williamson following and urg-
ing forward the mob, and giving his name and adj
dress to Col. Wheeler, with the declaration that he
held himself responsible towards him for whatever
might be his legal rights but taking personally
active part in the abduction after he had left the
deck
l allowed writ of ha6eas corpus at the instance
of Colonel Wheeler and subsequently alias;
and to this last Mr.. Williamson made return that
the persons named in the writ, either of them,
not now, at the time of issuing the writ,
ct any other time in the custody, power, posses
sion of the respondent, nor by him confined res
trained wherefore he cannot have the bodies" ETC.
AT the hearing / allowed the reator to traverse
this return, and several witnesses who asked
by him testified to the facts have recited them.
The district attorney, upon this state of facts,
ed for Willamson's commitment; l. for contempt
IN making false return; 2, to take his trial for
perjury.
self of contempt He admitted the facts substanti-
been adviser of the project, and had given it his
confederate sanction throughout. He renewed his
denial that he had control at any time over the
movements of the slaves. knew their present
whereabouts Such is the case as it was before me
the hearing
l cannot look upon this return otherwise than as
ilusory-n legal phrase, evasive if not false II
sets out that the alleged prisoners are not now and
have not been since the issue of the habeas corpus
In the custody, power possession of the respon-
dent and in so far it legally appropriate Ian
guage for such a return But it goes further and
by added words, gives Interpretation to that Ian