Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1855-09-19

shows such probable cause as to leave it no
longer discretionary with the court Judge
whom application is made, whether the writ
shall or shall net issue.
81. That where a person is imprisoned by an
order of a Judge OF the District Court of the
United States tor refusing to answer writ of
habeas corpus, he is entitled to be disc harged
from such imprisonment it the Judge Of the
District Court had no authority to issue the
writ.
4th That the power to issue writs of habeas
corpus by the Judges of the Federal Courts is
mere auxiliary power, and that such writ
can be issued 10y such Judges where the cause
of complaint intended to be remedied by it is
beyond their jurisdiction.
5th. That the Courts of the Fedt raj govern
ment are Courts of limited jurisdiction, deri-
we'd from the Constitution OF the United States
and the Acts of Congress under the Constitu-
tun, and that where the jurisdiction is not
given by the Constitution, or by Congress in
pursuance of the Constitution il does not exist.
9th. That when it does not appear by the
record that the Court had jurisdiction in pro-
ceeding under our hdbeas corpus act to relieve
from an illegal Imprisonment, want of juris-
diction may be shown by proving the facts of
the case.
9TH. That where the inquiry as to the juris-
diction of Court arises upon rule for ha-
beaS corpus all the facts Set forth in the peti
tioh tending to show want of jurisdiction are
TO be considered as true, unless they contra
dict the record.
Sth. That when the owner of slave volun-
tarily brings his slave from slave to free
State, without any intention Of remaining
therein, the right of the slave to his freedom
depends upon the law of the State into whicl
he is htus brought.
9Th. That If slave so brought into a free
State escapes from The custody of his master
while in said State, the right of the master TO
reclaim him is not a question arising under the
! Constitution Of the United States or the laws
thereof, and therefore Judge of the United
States cannot issue a writ ot habeas corpus di-
rccted to one who, it is alleged, withholds the
possession Of the slave from the master, COM
mandng him to produce the body of the slave
before the said Judge.
10th. That the District Court of the United
States for the Eestern District OF pennsylvania
has no jurisdiction, ecausc controversy is
between citizens ofdiffcrent States, and that
proceeding by habeas corpus is. in no legal
sense, a controversy between private parties
1lth. That the power Of the several Courts
of the United States To intiict summary pun
iShment for contempt OF Court in dis"beying
a writ of the Court is expressly confined TO
cases of disobedience TO lawful writs.
18th. That where it appears from the record
that the conviction for disobeying writ
of haheas corpus, which writ the Court had no
jurisdiction to issue, the conviction is coyGm
HORjudice, and void.
For these reasons do most respectfully but
most earnestly dissent from the judgement Of
the majority of my brethren, refusing the writ
applied for.
In the meantime, PAssMoRE WILLIAMSON lies
in prison, at the mercy of that tyranncal and
notorious Judge, JoHS X. KANE. According
to the iniimation of Kane from the bench
which he disgraces, Williamson must be there
until he dies, or until his spirit shall be so bro
ken, that he will condescend TO iie-perhlps
to swear to a lie, for the qualification of the
of the mean and paltry official, who has been
his accuser, judge, and jury.
There is one hope, yet, for Williamson, ard
for those who care for their liberties. This
hope rests in the Legislature OF Pennsylvania.
OATH BoUyD TaAIToRs-For the last year
| every l0cofoco orator, and every locoioco
sheet in the land, have been ra'ridly denoUu-
cling, with all the eloqucnce OF their billings
gate, the American party. Traitors, conspi
rators, dark lantern plottcrs, underground I'M
derminers of the constitution, and words like
these feehly express the virulence, which
defeated oigarchy, in tn. last cOnvulsive
throes Of despair and menaced oblivion, ex-
hibited towards its victorious foe. So far
IFS interdict had virtue, Americans were ban
ned So far as is pretences had scope, in it
alone existed political virtue and honor.
| What was the gulf which thus parted pa:ri-
otism from treason Simply, wholly, cxclu-
sivelv an oaih Because the American s,ccre
| he would keep inviolate the secrets of his or
der, he was traitor Because the American
stcore TO maintain his political creed, he was a
| conspiritor. Because the American slrore to
prevent, so far as his voice and influence
could go the peril at foreign hanis he dread
ed for his country, he was an infdel to the
constitution. AN oATH-THE TAKING OF AN
| OATH, comprised the sole distinction 'twixt
honesty and treachery.
| This has been for year or more, locofoco
preaching. The proceedings of the DemOcra-
Tic % Convention of the Delegates of OLD
BERKs. the Gt5raiter of Democracy, which will
be found in another co lumn, show what is To-
cofoco practice. We commend the extract to
our readers.
Deluded locofocos they sawjust far enough
into milestone to catch the idea that in the
oath lay the secret of the American triumphs.
Visions of fat Offices, happy dreams of sine
cures, laurels. honors and profits, glancing be-
fore their eyes, they forgot their Spartan
firmness, lapsed from their Roman virtue
They have become oATH-BoUND democrats,
and qaalifed patriots. How are the mighty
fallen
SPRoUTED Wharf.-The New York Tribune
thus discourses of sprouted Wheat.
sWhen wheat is Sprouted good winnowing