Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1855-09-19
.STAuNTON SPECTATOR.
-.s=ssSTAUNT0N:
WEDNESDAY, SEPTEMBER 49, 1855.
The wheeler Slave Case.

L Hc luipOltahOS W siO
this case, aud of the results which may possibly
ensue from it, seems to require that the public
should be accurately informed in reference to the
facts connected with it. The circumstances OF
the rescue are doubtless remembered by our rea-
ders. Mr.. Wheeler, Of North Carolina, United
States Minister to Central America, was passing
through Philadelphia to take passage for the scene
of his mission. and while on board steamboat In
the Delaware his slaves werec carried oil by band
of negroes headed by white man named Pass
more Williamson. Mr. Wheeler appealed to the
United States District Court for redress, and
JUDGE Kane ordered Williamson to produce the
slaves. He refused to answer obey this process.
aud the Judge sen, him to prison for contempt of
Court. He then applied to the Supreme Court
of Pennsylvania for writ of habeas corpus; the
case was elaboratey argued, and on Saturday the
Sth inst, the Court rendered decision adverse to
the application. The ground taken was, that the
Court had no Jurisdiction to warrant ts interfer
ence with the judgement Of the Federal Courts,
and that such Courts have exclusive power in de-
Gliding cases of contempt. The concluding pass
age of the decision, delivered by Judge Black, is
as fellows:
The petitioner therefore carries the key of his
prison in his own pocket. He can come out when
he will, by making terms with the Court that
sent him there. But if he choose to struggle for
triumph--if nothing will content him but a
clean victory or q clean defeat-he cannot expect
us to aid him.
So Williamson remains in Jail until he makes
''terms with the Court that sent him there" or
the period of his imprisonment shall expire. He
is not without consolation, however. His aboli-
ZIONIST friends are prompt to express their sympa-
thy and laud his devotion to the cause of negro
dom. Senator Sumner has written him letter
eulogizing him as a martyr, and vilifying Judge
Kane in proportion. The State Republican Con-
vsntion, moreover, has done Williamson the hen
or of nominating him for Canal Commissioner.
The six negro men implicated in the rescue
were indicted by the grand jury of Philadelphia
Court for riot, assault and battery. The trial
came on few weeks and the slave Jane waa
introduced and examined as witness to refute
the testimony of her master. Judge Kelly in
charging the jury said;
When Jane was brought here by Colonel
Wheeler she and her children were as free as he
was We recognize the right of returning slaves
who escape and come here-we must stand by
and enforce the Laws of our own State. A slave
cannot By virtue Of the laws of this State, remain
upon its SOIL The object of the Ac. was to re-
move every law from the Statute Book from which
ingenuity could make it appear that slavery could
in any way exist here.
The Judge Furthermore virtually instructed the
jury that the accused went to the boat for law
full purpose, to inform Jane of her rights. and that
''the imposition of hands was only of that gentle
character which the law recognizes" 1t is not
strange therefore that the jury rendered verdict
Of not guilty as to the riot. Two of the party
were convicted of assault and battery. and their
four associates were acquitted. The Philadelphia
Pennsylvania, says:
eve may say,when all the circumstances sur
rounding this case are considered, that the convlc-
ton of Ballard aud Curtis, is triumph of the
law. II is rebuke to District Attorney Mann
and Judge Kelley, uasmuch as it is verdict In
opposition to the tenor of the speech Of he former
and the charge of the latter. The two addresses
were an invitation to an acquital, with an init
nation that such verdict would find Justification.
The evidence called for general verdict of gull
ty, but any jury might honestly differ about it,
aud conscenciously render the verdict given in this
case. The conviction of Ballard and Curtis of an
assault and battery on Col. Wheeler an endorse
ment of his testimony in opposition to Jane johnson,
Mr.. Sandgran and other witnesses for the defence,
and is vindica,on Of the law against the violence
of fanaticisIn."
The decision of Judge Kelley is one of gres.
Importance. For the first time it is declared from
the bench that slave holders have no right to re-
tain their property, while passing through free
State.