Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1855-07-31
FROM IL. Warrington Union

Ifs who. uIuuT pTCtCuNV VI -. 49,
III ,L.y cam 10 hurry the country iilo cI.' WAT, t''at
in the pursuit of their criminal Objects ilcy may MOI
,,ulv murder with impunity the ministerial "'n'et' v,
iusiice, but also perpctrate nj discretion HI! aihouht
If ,,-ril,rv and subornatiun Of perjury 10 oustrict Tile
,.,,r.a nj irstice in IN. courts. Thank Heaven there
il. in PENNSYLVANIA OF least, enough OF puplc virtue
lott 10 stem the tide of anti slavery corruption, false-
hood, and crime, which threatens TO ~verwneli DINER
Northern States, in which the puhllc mlni seems
+, have become utterly debauchcd with negro mad
ness.
Beyond the -alutary influence Of Judge Kane de-
cjsiol in this respect, is The importance Of tho main
question involved, which is, whether the citizens OF
one half of he Union can or cannot pass by railroad
or steamboat through the other half of the Union
without beng subject to highway robbery, under
pretelcc that the legal relation of master aud servant
Is local to the State tn which the master belongs,
aud cannot follow him into Or through any other
State.
IL has been decided in some of the States, that il the
master goes with his slave voluntarily 10 reside 'nton
Stnte where slavery has been abolished by law. ~
such case the slave becomes cuti;lcd 10 freedom IL ~
choose 10 claim il. Quite recently, nm attchp. .no
been made in Now York TO extend this doctrine W
case of a slave whose muster merely passes 'n'ous"
tho State, in transit for another State or Tor q 'o'ItS"
cunntry-we s!lude to the Lennon case nov !" ~.
CATION between the Sta,cs of New York ana . HS'n'"'
The same question, 1t appears, II now I"''I. 10
sylvauia, i'll the person OF Mr.. Wheeler; W an
doubt how it ought 10 be decided. Juuse p .
C!dl ~ lliNl lt j. INl WYATT VI 49, L 4
wanna which affects 20 divcst the rights oi properly "
q citizen Of North Carolina, acquired anu ussetteu
under the laws Of that State. because " q ~
it needful or convenient to pass through ~ Ie.."o'y
OF Pennsylvania; and that he IS NOT awuie a .n"iJ @h h..
such statute, if such Il one were sioSH' y" 10
RECOGNISED as valid in the courts OF tho lnied
States.
1t was, indeed, long aco held by the supreme court
of P.upsylvauia that the slave dId moi occo!he "nian-
cipated by the mere transit or even temporary soJnnrh
- Al. -,...o. - IpusylyNnla. i cOulu IOl DS
otherwise; for, if it We're, then TINT clause Oh me COZ,
stitu;jou by which tho States sfiplint6 each o,"o
other that "llc citizeus OF cacn Slaie sii"li ~ ."."..
10 all privileges and immunities OF Citizens oi tue T Tn
raj States would DO q mockery anu hs""I nmu
Stnte of New York has no more constilulonni power
IN nnss n lazy in such u case, dlssOlrinS tc Iesai nc
of master aud servant, ns against u G''i%cn " "
oipia Or North Carolina, than II would nave I'D Pass d
law 70 dissolve the bonds ui hia,ri,n"hs, a "s",Hs'
Ln.hspJ and wife in transit through New York. The
,hoI;tioui.ts, ia their stupid phrcns!y, have assumed
that this clause Of the constitution prevents III" State
of South Carolina or the STATE oi LOUISIANA from en-
acting police regulations concerning negroes from
other Staies on board merchant ships, although scre-
raj of the abolition States have passed ponce re-
regulations of infinitely greater rigor against wIoi';
classes of white nlcIi, whose presence they CONSIDER
announcement to the State. Nhi!e II ~ perfectly clear
that every State has full right to pass such ponce
laws for the protection ot lis domestic peace, ile"''i'
or finances, il is equally clear that no STATE has con.
sE;iutiouai power 10 enact laws 10 prevent the transit
of citizens OF other Stalcs, or 10 strip thenl oi .n''
rights of property during such transit. IL inc sun
of Pennsylvania POSSESSED any such power Us 'ne
abolilionists have here claimed, Of course the SAINT
mower is possessed by Virginia or North Caro!iii";
and it may b8 fcarfuiiy rctoried by lle S'uIiern
States upon the citizens and property OF Inc Norineih
States. Some of the Northern States have alrcany Il
ioried but too much If temptation ana lnducch'e'' u
such q policy Of Southern retaliation. II Is e"ns",a.ots
and crn.fying 10 see the great State ct pennsylvania
taking the initiative in a course OF adjudication SO
emiuen,ly cUnscrv alive and constitutional, ana 50
much in contrast with that spicnciic fury OF aboiltIon
delirium which RACES III SOME other States:
DECISION OF JUDGE KANE.
The r.. s. 4. or. rel. Wheeler rs. Passmorc uWfam'
son. SIR. ha6cas corpus, 21M JuLy, 1850.
Colonel John II. Wheeler of North Carolina, tho
United States Minister to Nicaragua, was on board a
steamboat at one of the Delaware wharres, on his
way from Washington 10 embark ut New York for
his post of duty. Three slaves, belonging to him,
were sitting n; his side on the upper deck.
just us the last signal bell was ringing, Passm"rc
Williamson came up 10 the party, dcciarcd 10 the
slaves that they were free, and, fo1cibly pressing Mr..
Wheeler aside, urged them 10 so ashore. He was
followed By snnn dozen or twenty negroes, VINO by
muscular strength carried the slaves TO the adjoining
pier; two of the slaves at leust, if not all three, strlg-
riing to roleasr themselves, and protesting their wish
TO remain with their master; two OF the negro mob
in the mean time gr6sping Col. Wheeler by the col
lar. and threatening TO cut his t!Iroa. if he rnadu any
resistance.
The s!ares were borne along to Il hackney coach
thu, was in waiting. and were conveyed TO some plncc
of conrealinent; MI. Williamson following uni
urpiug forward tho mob, ard giving his nam. and nd
Ircss to Col. Wheeler, with the DECLARATION TINT he
held himself responsible towards hin for whatever
might he lis loyal rights, bu, taking 40 personally
active mart in the abduction after he had left The deck.
| allowed Il writ OF haj'as c0rpHs nj The instance
Of ; Gy3G Is. MNn'2%fiFIi ia nns sn'T Saa, rstar M ih attn the per- per-
sons named in the writ, nor e'thsr of them, are not
now, nor was ut the time Of issuing the writ, ar nj
any other time, in the custody, power, possession nj
The respondent, NOR by him confined or restrained;
wherefore he cannot have the bodies, etc.
At the hearing | allowed the rclator to traverse
hi. return, and several witnesses who were asked by
him testified 10 the facts n / hnve recited tbDm. The
district attorney, upon this state Of facts, moved for
Willianson's commitment: |, for contempt III making
n fulse return: =, to take his trial for perjury.
Mr.. Williamson then took the stand to purge him.
of contempt. He admitted the facts subs:antial.
" rs III proof before; made II plain that he had been
an adviser of the project. aud had given It his con.
federnte sanction throughout. He renewed his denial
that he lind control ct any time over tho move
ments of the slaves, or knew their present wherein.
bouts. Such is the case as il VITA before me on the
hearing.
| canot look upon this return otherwise than as il.
lusory-in legal phrase, as eraslver If not fa!se. II
sets out that the alleged prisoners ne not no%, and
have not been since the issue Of the hnbcnS C0rpHs,
in the custody, power, or possession of the respon-
dent: aud in so far il uses legally appropriate Ian
yuaye for such n return. But it goes further, and, by
added world, gives un interpretation 10 that language
essentially variant from its legal import.
1t denies that the prisoners were within hi' power,
custody. or possession at asn hmc Th0t,rcr. Now,
the evidence of respectable, uncontradicied witnesses,
mud the admission Of the respondent himself, csthb.
lis;I thu fact beyond controversy. that tho prisoners
at ons time within his power and control. He
was the person by whose counsel the ST. called rescue
was devised. lie gave the directions, and FASTENED
to the pier to stimulate aud supervise their execution.
He WIS the spokesman ana ilrsi actor AFTER arriving
there. OF al the parties TO the net OF violence, hc
was the only white man, the only citizen, the only in
dividual having recognised political rights, the only
person whose social training could certainly interpret
either his own duties or the rights OF others under the
constitution Of the land.
1t would be futile, md worse, to argue that he WHO
has organized and guided ard headed q mob 10 affect
the abduction aud imprisonment Of others-he in
whose presence and by whose active influence Inc
aud imprisonment have been brought about
might excuse himself from responsibility by the as
sertion that i; was not his hand that made tho unIaw-
full assault, or that he never acted as the goaier. lie
who uuitcs with others to commit q crime shares with
them all the legal liabilities that attend on its commits
sion. lie chooses Ills company, and adopts their
acts.
That is the retributivc law of all concerted crimes;
and ito argument applies with peculiar force to tliuse
Cases in which rcdrcrS and prevention of wrong are
sought through the writ of kaJrns c0rDUs. This, the
great remedial process by which liberty ia vindicutsd
and restored, tnlerateS no language in tho response
which il calls for that can mask II subtertugr. The
deurest interests of life, personal safety, domestic
peace, social repose, all that man rnn value, or that
is worth living fur, IRE involved in this principle.
The institutions of society would lose more than half
their value, and courts Of justice become impotcnt
for protection, if the writ vi hG5tas corpYS could not
compel the truth, full, direct, and uncquivocal, in an
swer io its mandate.
It will no; do to say TO tho man whose wife or
.t... I-..lt. I,y I,.r,, uI,jr,t,i - Il ,nt 81