New-York daily tribune., 1855-08-29

The Judge might as we'll issue his writ to
horie thief commanding him to return the stolen
horse, and surrender himself into the custody
| of the Sheriff.
Williamson we suppose had made return. not
cOastrastirely, but wiekedly and pelpably false Is
such case provided for by lawi Had the Judge
not been so eager to cage an Abotionist, lie would
have examined the statute-boOk, and be would
have discovered his duty in the act of Congress Of
9 March, 1888: "If any person or persons te
whom such writ Of babeas corpus may be di-
"rected shall refuse to obey the same, or shall
neglect or refuse TO make return, or shall make
ga false return thereto in addition to the remedies
heretofore given by law, be shall be deemed and
taken to be guilty of misdemeanOr." Not only
shall the party injured still have his action for
damages, but the making the false return shall be
public ofense, TO be punished BY fine and i'm
prisonment Hence, the duty of Judge Kane was
plain Williamson had in his presence, or at least
| in his Court, committed misdemesnor, and the
Judge as magistrate, had ample power, and was
| imperatyely required, to bind him over to answer
| TO an Indictment against him. He would then
| have been at liberty on bail; a grand jury would
| have passed on his case; if indicted, a petit
Jury, after hearing his defense, would have
pronounced on bis guilt and if convicted he would
have been punished within certain limits, at tho
discretion of the Court, in proportion to the de-
gree of his offense. Such is the process provided
by Congress for Furnishing false return to writ of
babeas corpus But this process did not suit Judge
Kane 60 he disregards the law-yiolstes his own
duty in not committing the offender for trial and
constituting himself Grand Jury, Petit Jury and
Court, inficts on his victim unlimited imprson
ment as a punishment, not for having committed a
misdemeanor, but for having been guilty OF con-
tempt of John X. Kane But, however profound
may be the contempt felt by Williamson or
others for the District Judge still it is an impor
tant question, whether any contempt known in
law as an offense was indeed committed by Will
hanson The Judge tells us officially in his pr
yate decision that he imprisoned Williamson for
contempt in making false return" We have
seen how utterly frivolous is this charge of false
return; but, admit it to be true, and what then
Is every lawyer, and every witness, and every
suitor In his court who tells lie to be imprisoned
sine die for contempt of the Judgel Is a legal
document perfectly respectful on its face, but
setting forth an untrutb, a contempt of Court
If so, every defendant against whom Judgment OF
debt has been recovered before Judge Kane may
be sent to jail for contempt in having in his plea
falsely denied his indebtedness. Congress has thus
defined the contempts which the Federal Judges
are authorized to punish
"The power of the several Courts Of the United |
States TO issue attachments, and inct summary pun
ishments for conmpts OF Court shall not be construed
to extend TO any cases ercepf the 6ehdcor any per-
fLa nj
near thereof as 10 obsrUct tie administration Of JUS
fce the misbehavior of any of the officers of said |
Courts in their official transactions, and the dsobed-
cree resistance by any officer OF said Courts, party
Jurors Witnesses any other person or persons TO
any lawful writ, process, order, rule, decree or CON-
msnd of the said Courts.'
II is utterly in vain even for the ingenuity Of |
Judge Kane to bring an alleged false assertion |
in the return to habeas corpus within this !
definition of contempt A false return, as we
have seen, is by law misdemeanor to be pun
isbed BY the Court on the verdict of Jury, not |
a contempt TO be punished az pleasure By |
Judge without trial. Itis significant fact that |
througI out his written opinion in vindicat of |
his Imprisonment Of Williamson, the Judge cites |
not one single authority nor appeals to single |
precedent. HE conduct is as illegal as ii is un-
precedented.
1t is high time that the insolence and tyranny |
of our Federal Judges should be rebuked and |
punished. Their conduct has heretofore been |
tolerated because first, it was in accordance |
with the feelings and policy Of our Doughfaces, |
and, secondly, because the victims were Aboli- |
tonists, both poor and unpopular. Had this
conduct been exercised towsrd the rich and in. |
luential, without reference to the Slavery ques-
ton, il would have caused universal alarm and |
detestation. Let us imagine these judges seiz-
ing every opportunity of uttering from the bench |
vulgar and malignant invectives against the mer
camille community-one of our merchant-princes |
is reported to be engaged in cOntraband trade,
and Judge sends him word that he will "hang |
"him." Now a Marshal and his deputies at
tempt to arrest merchant accused of snug |
Cling; to avoid the arrest, he runs and plunges |
into river. The Marshal and his men follow |
him to the bank, and there deliberately make |
him mark for their pistols. In their turn they |
are arrested for an attempt to murder, on a war |
raut from Justice of the Peace. Forthwith |
they are discharged by a Federal Judge, who |
on the bench sneers at the idea that an |
officer of the United States can be held |
to answer for crime by ga tuppenny Justice"
Soon after, the State Court convenes and the mis- |
creants are indicted for the attempted murder, and
arrested On a bench warrant from the court |
again the Federal Judge comes to their rescue,
Al. I, oet (r.n