Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1855-11-17

) II "
earth are inhabited by men of complcxions differ
ent from ours, and from each other: from whence
we may reasonably, as well as religiouslv infer
that lie who placed them in their various situa
tons, hath extended equally his care and protec-
ti)n to all, and that it becometh not us to conn
teract his mercies. We esteem it peculiar bles
sing granted to us, that we are enabled this day te
; add one more step to universal civilization by re
moving, as much as possible, the sorrows of those
, who have lived in undeserved bondage and from
. which, by tho assumed authority Of the Kings of
Great Britain no eectua .cgal relief could be oh.
tanned. Weancd by long course Of experience
from those narrow prejudices and partaIties we
had imbided we find hearts enlarged with
kindness and bcncvolence towards men Of all con-
ditions and nations: and conceive ourselves at
this particular period extraordinarily called upon
by the blessings which we have received to mani
fest the sincerity of our profession, and to give
Substantial proof of our gratitude.
! al. And whereas, the condition Of those per-
sons who have heretofore been demon 1ated Negro
and Muatto slaves, has been attended with cir
!, cumstances, which not only deprived them of the
common blessing that they were by nature enti-
tied to, but has cast them into the deepest aftc-
tions by an unnatural separation and sale Of hus-
band and vile from each other and from their
children, injury the greatness of which can on
ly be conceived by supposing that we were in the
snme unhappy case. In Justice, therefore, to per-
sons unhappily crcumstanced, and who having
no prospect before them whereOn they may rest
their sorrows and their hopes, have no reasonable
nducement to render their services to societv
which they otherwise might and also in grateful
commemoration of our own happy deliverance
from that state Of unconditional submission to
which we were doomed by the tyranny of Brit
tain
"III. Be it enacted, and it is hereby enacted"
&C., &c.
/ This Act declares that 'no man or woman of
any nation or color" Except the slaves then liv-
ing i'll the State and registered required by law)
"shal at any time hereafter be deemed, adiudged
or holden, within the territories of this common
wealth, slaves servants for life, but as free
men and free women, except the domestic slaves
attending upon delegates in Congress from the 9TH
or American States, foreign ministers and consuls
and persons passing through and soiourning in
this State, and not becoming residents therein,
and scamcn employed in ships not belonging to
any inhabtant OF this State, employed in any
ship owned by any such inhabitant POrided, Such
domestic slaves shall not be aienated nor sold to
any inhabtant, nor Except in the case of mem
bers of Congress, foreign ministers and consuls)
retained in this State longer than six months"
On the Sd of March, 1917, The Legislature of
Pennsylvania passed statute, repeating this per-
mission to hold slaves temporarily in this
State. ftc language of the statute is as follows :
$50 much of the Act of the General Assembly,
entitled AN Act for the gradual abolition of Sa-
very passed the lst day Of March, 1850, as au-
.
or retain such slaves within this commonwealth,
for the period of six months in involuntary servi-
tude or for any period of time whatsoever, and
so much of said act as prevents slave from CIV
ing testimony against any person whatsoever, be
and the same is hereby repealed"
Thus was freedom established as the rule of the
Courts absolute and unlimited, in all cases of
slaves brought into the State by their owners.
The Pennsylvania law on this subject is given
with great clearness in l840, by the Supreme
Court, in Kaufman IS. 0lirer 10 Bars Reports:
"The principle sprung fresh, and beautiful and
perfect from the mind of Lord Mansfield, in the |
great of the negro Somerset, that by the COM
mon law, slave, of whatever country or color, |
the moment he was on English ground, became
free endowed with the sanctity of reason. This
case decided before the revolution, and became
the common law Of this state, always saving and
excepting the inroad of the compact and compro-
mise. This action, then, processes to be founded
on the prnci Piles of the common law; but by the
principles of law, the fugitives rere free tie mo.
ment when they tosched lie soil Of ReDnsylranid.-
All the Incidents Accomplishments and attributes
of bondage fell from around them"
Immediately after he had been left by his tray
eling, companions Mr.. Wheeler sought the poten-
tial assistance of John X. Kane, Judge of the Dis
trct Court of the United States. 1t seems to have
been decided by these gentlemen that warrant,
under the Fugitive Slave Act, could not be sus-
tanned that warrant applying only to cases of
slaves escaping from another State into Pennsyl-l
uania. The ingenious device was hit upon of ma
king the writ of lIabeas Corpus-that glorious old
bulwark OF personal iiberty-an instrument for
getting possession of the mother and her children.
Mr.. Wheeler made the following afhdavit:-
"To the Honorable John X. Kane, Judge of the
District Court of the United States, in and for the
Eastern District of Pennsylvania
"The petition of John III. Wheeler respectfully
represents:
"That your petitioner is the 0wner Of three per-
sons held to labor by the laws of the State of Vir
ginia, said perJons being respectively named Jane,
aged about 35 years, Daniel, aged about II years
and Isaiah, aged about years, persons of color,
and that they are detained from the possession of
your petitioner by one Passmore Williamson, resi-
dent of the city Of Philade phia and that they
not detained for any criminal or supposed criminal
matter.
"Your petitioner therefore prays your Honor to
grant writ of habeas corpus to be directed to the
said Passmore Williamson, commanding him to
bring before your Honor the bodies of the said
Jane, Daniel and Isaiah to do and abide an order
as your Honor may direct.
(Signed) JoHN II. WHEELER.
"Sworn to and subscribed, July Is, 1855.
Chas. F. Hcazlitt U. s. CON-"
1t will be observed that the benefit Of the writ
is not solicited in behalf of Jane and her children;
Mr.. Wheeler does not allege that they are his wife
or wards, but that they arc slaves he
does not bring the within the Fugitive Slave
Act by asserting their escape from another State
into Pennsylvania, but rests his claim upon the ma
ked fact that shey his slaves by Virginia law.
Instead of promptly rejecting this application, on
the ground of want of jurisdiction, Judge Kane q
granted the writ, returnable on the 18th instant,
the next day. at o'clock. All the facts-the sud
den departure of Jane, the visit of Mr.. Wheeler
to Judge Kane, the affidavit the application, the
granting and issuing of the writ-seem to have ]
been crowded into an incredibly short space of I
time after five O'Clock p. NJ. on the 18th. On the !
10Th, Deputy Marshal made affidavit that he had
served the writ at the residence Of Passmore Will B
hanson. This a mistake he had served it at i
the residence of his father, of Seventh and
Arch streets On its discovery the affidavit was v
changed in accordance with the fact. An alias
writ was issued, returnable at 10 o'clock, A. NJ.
on the Goth. II
NJ Iaoo 81 a