New-York daily tribune., 1855-08-25
WHERE JUDGE KANE GOT Ills Law


Great curiosity is expressed as to the source
whence Judge Kane could have derived those
very extraordinary ideas Of law embodied in the
case Of Passmore Williamson. There can be lit
tie doubt, we think, that the model which our
American Judge placed before himself on that oc-
casion was the first Chief.Justice Of the Kings
Bench, appointed by Charles II after his resto-
ratio1-ihe fist In a series of judicial tools, the
most hateful wretches of whom English history
msbes mention, employed by Charles ii and his
brother James in their desperate but fortunately
unsucct ssfui attempts to crush the liberties of
the English nation. Sir Robert Foster, the En-
li,h original of our Judge Kane, owed his aP-
poiniment to his party zeal much more than to
his legal reputation. That zeal he contriyed to
sisnalize during the three years that he sat on
the bench in three State trials, the iniqutles
and outrages Of all three of which our Judge
Kane, whether fom his superior genius or the
advai tages of his position, has managed to CON-
press into the single case of Passmore William
SOD.
The first Of Fosters three cases was the trial Of
Sir Henry Vane, who was found guilty of treason
by the help of a convenient fiction of law very
much like that by which Pa.smore Williamson
is made guilty of false return. AS Sir Henry
Vsne lad dsapproved of the execution of
Charles l, and in fact had actually tried TO save
that unhappy monarchs life, the treason charged
upon him was coD-piIing the death of Charles
III. 1t was admitted that the prisoner had not
meditated any attempt upon the natural life Of
Charles III, but the ground taken by the prose-
cution ard the Court wss that by acting under
the authority of the Commonwealth he had as
sisted in preventing the true heir from obtaining
pos ses sion Of the throne, and thereby in point
of law lad conspred his death. Vane argued
that be had acted under the authority of the
Parlian ent, and that he came within the spirit
OF the statute of Henry VII and Of the common
law priDcip pie that 10 one could ever be called
in question for any acts done by authority of
king in possession, even though he might be
usurper. But the idea of any power in Parlia-
mtnt was as abhorrent to Chief-Juitice Foster
as the idea Of any power in the State of Penn
sylysnia is to Judge Kane; and he not oaly
ruled this defense out of Court, but even repre-
sented the having made it as a reason which
proved sufficen. with the king why no mercy
should be extended to Vane, notwithstanding he
came fully within the declaration Of indemnity
made at BREEDS, in which the king had promised
to proceed only sgainst the immediate mur-
"dererb" of his father.
The next case in which ChiefJustice Foster
figured was that of John Crook and several other
Quake rs brought before him for refusing to take
the oath of allegiance equivalent to which Judge
Kane seems to reckon refusing to aid in enforc-
ing tie Fugitive Slave Act. Some passages be-
tween the Chief-Justice and John Crook, as
given in the State Trials, might well have been
reported, and substantially were 50, as betI
JuCge Kane and Passmore Williamson. We
quote as follows:
"FosTFR, c. john Crook, when did you take the
osil of allegiar cel Crook-Answeriug this question
in the negative il 70 accuse myself which you ought
rot to put me upon. / am an Euglishmnn and ought
not 10 be taken, DOR Imprisoned, nor called in question,
or put TO answer but according 10 the law OF the
land. Foster, c. You are here required to take
The oath Of allegiance and when Jon have done that
! you shall be heard. CTook-lou that are judges on
| ihe bench ought 10 be my counsel not my accu-ers
F0sr, {. I'VE are here TO co justice, and are upon
our osihs and to tell you what is law, not you
| us Therefore, Sirrah you are too bold. Crook =
Siu5h is lot a word becoming judge Ill speak loud
il is my zeal for the truth ana for The name oi tue LORD
! Mine iunOCenc m9k e. me bold. Foster, L. 1T IS
an evil zeal Crook-No / am bold in the Of the
Lord God Almighty the everlasting Jehovah, to as
seri the truth and stand Wituess for il. Let my
acCuse1 be brought forth. FOster, c. J-Sirrah, you
ore to take the oalh, and herc we tender il YOU
| Crook-Lei me be cleared Of my imprisonment, and
| then will a. sweI 70 what is charged against me.
| Ietp COZ science void Of oferse both toward Goo
a. toward man. Foster, c. J-Srah, leave yog
csuripc Crook-Is this canting to speak the word
| of Scripiurel Foster G. J-i' Is cGnting in yoa
| mouu ttou.h they are 81. Paul's worcs. Your frs
| Genial 10 take The cath shsll be recorded, and OF
L-.. L.. .nr.. IL