The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1855-08-10
From the Pennsylyanian.
Opinion Of Judge Kane
N THE WHEELER SLAVE CASE,

JTaifsd States District C0HFt.-Judge kane.--I l he
two questions of contempt Of Court and perjury IN
| P,ss,uofe williamson, in not obeying the commands
OF the writ ot habeas corpus, and making an aileg
ed false ihereo up tor decision yesterday
/ morning. Judge Kane delivered very learned and
exceedingly able opinion h relation to the SUBJECT
| Tie L. $. 4. ex-ref. H.teeier Passmoye lt-i-
/ Hamsoa-Sur Habeas Corpus, y July, IS55.-Colo
! mel John II. Wheeler, OF North Carolina, the United
States Minister TO Nicatagua, on board steam
| boat, at one of the Delaware wharves, on his way
! from Washington, 10 embark at New York Tor his
post OF duty. Three slaves, belonging to him, were
| sitting his side the upper deck.
Iust as the last signal bell was ringing, Passmore
| Williamson came up TO the party-declafed to the
slaves that they lree-and iorciby passing Mr..
! Wheeler aside, urged them 10 90 ashore. He WAS
/ followed by dozen twenty negroes, who by
muscular strength carried the slaves 10 the adjoining
pier; the slaves t least If not all three strug
Cling release Ives and protesting their wish
/ To remain with their master; two ot the negro mob
! in the meantime grasping Col. Wheeler by the col
lar and Threatening cut his throat /: he made any
4 resistance.
/ The slaves were borne along 10 hackney coach
| that waiting and we've conveyed 10 some place
of concea lment; Mr.. Williamson following and urg
/ ing forward the mob, and giving his name and adj
/ dress to Col Wheeler, With the declaration that he
/ held himself responsible towards him for whatever
might be his legal rights; but taking personally
active pars IN the abduction after he had left the
4 dock.
/ | allowed a writ OF Habeqs Corpns at ;he instance
/ OF Colonel Wheeler and subsequently atias and
10 this Fast, MIR. Williamson made retarn, that the
persons named IN the writ, ''Ror either OF them
not now, nor at the time OF issuing OF ;ie writ,
the original writ at any other time, IN the
tody, power or possession OF the respondent, by
him confined or restrained: Wherefore he cannot
/ have the bojes,' etc.
/ At the hearing allowed the relator TO traverse
this return; aud several witnesses, who were asked
by him, testified 10 the facts have reeited them.
The District Attorney upon this state OF facts, NOV
| ed Tor WblIamsoE's commitment, !. for contempt in
making false return 2. TO take his trial for peIiHry.
! Mr.. Williamson then took the stand TO purge him
self of contempt He admitted the facts substantial
y as in proof before made il plain that ne had been
adviser OF the project, and had given it his confed
/ crate sauction throughout: He renewed bis denial
that he had control at any time the movements
/ OF the slaves, knew ;her present Whereabouts
Such is the case, as it before me on the hear
/ ing.
! rannet look upon this return otherwise than
llusoTy-n legal phrase, evasve, If not false. II
sets out that the alleged prisoners not now, and
have been since the issue of the habeas copus, in
the custody power possession of the respondent
and tar, IL legally appropriate language for
such a retsrn. But II goes further, and by added
words gives Interpretation TO that language essen
| TALLY variant from its legal import
1t deEes that the prisoners within his power,
custody possession at any hhae arYtateoer. Now,
the evidence OF respectable, uneon,radcted witnes
ses, and the admission of The respondent himself,
IabSh the TACT beN0nn controversy lndt lhe prison.
ers were at time within his power and control.
| He the person by whose counsel the so-calied
| rescue was devised. He gave the directions, and
FASTENED TO the pier TO stimulate and supervise their
execution. fle the spokesman and first actor al
ter arriving there. or all the parties 10 the act Of
| violence, he the only white man, the only ciii-
zen, the only individual having recognized political
right, the only person hose social training could
certainly interpret either her duties the ghts
| of others under the Constitution OF the land
1t woud be f0Tile and woT 10 that he wi
has organized and guided, and headed a mob, to e!
feet the abduction and imprisonment OF others--he
IN whose presence and by whose active influence the
abduction and Imprisonment have been brought about
might excuse himself from responsibility by the
assertion that II not his hand that made the un-
lawful assault, that he never acted as the goaer
He who unites with others 10 cemmit crime shares
with them all the legal Liabilities that attend its
commission. He chooses his Company, and adopts
their acts
This is the retributive law of all concerted crimes
and its argument applies with peculiar force those
cases in which redress and prevention of wrong are
soH9ht through The writ of hGBeaS coEpHs. This, The
great remedial process by which liberty is vndicated
aud restored tolerates language in The response
which 1t calls ior that mask subtertuge. The
dearest interests OF life personal safety. domestic
peace, social repose, all that value. that
is woaH living for, are involved IN this prime pie
The institutions OF society would lose than half
their value, and courts of justice become impoteuT
for protection, il the writ OF s5eqs corpus could
compel the truth, foil, Direct and unequ;vocal, ni
| answer 10 It's mandate.
| 1t will not do TO say TO the man, whose wife or
whose daughter has been abducted: al did abducr
her; she IS not in my possessions 10 not deFan her,
ina>mueh'as the assault made by the hand Of my
subordinate, aud have forborne TO ask where they
propose cnnsummatIns the W ?ons-"
Ii Is eear, them II seems 10 us, that legal ac
| ccptance the parties whom this writ called on Mr..
Villa rIson 10 produce, at time within his
power and controls and his answer, so far it relates
! 10 his power them, makes distinction be-
tween that time and the present / cannot give a.
different Interpretation to his language from that
which he has practically given himself, and cannot
regard him as denying his power over the prisoner
now, when he does not aver that he has lost the
power which he formerly bad.
He has thus refused, at least he has failed, TO
answer 10 the command OF lie law. He has chosen
tor decide for himself upon the lawfulness well
the moral propreiy OF his act. and 10 withhold the
ascertaInmPnt and vIndraIon OF the rights o. others
from that forum OF arbitrament on which alFhis
own rights repose. In word he has put himsef in
contempt OF the process of this Court and challenges
| its action.
That action can have no Alternative FORM II is
too clearly defined by ancient and honorable pre-
cedent, Indispensable to the administration OF So
cIalusiice and The protection OF human right, and
tcs potentially invoked by the special eXisency of
the before the CouF 70 excuse even doubt
OF my duty apology for It's immediate per-
| f6rnance.
The cause was submitted TO by the learned
counsel for the respondent without argument, and
have therefore, found myself at some loss 10 under
stand the grounds on whieh, if there be any snch,
they would claim the discharge of the client. Ouly
one has occurred 10 az, perhaps, within his view;
aiid on this think it righr Fo.express my opinion.
will frankly reconsider il however, If any future
Peet OF the case shall invite the review.
Its this that the persons named in this writ as
detained by the respehdrni not legally slaves.
ipasmuch they were within the territory of Penn
l-Sslvania Hiien thcy were abducted-