New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-09-11


:" 'ts'- " 49, se'- - ts"s's-s
'.-,'. hs r'lslr.'- i- l- -rp'r," 80 F.'''-' rec
,'r,i. ~t,h .a.,~i ), 80 z'y." .iio
i.R,sa w. ~,u." ~ e.".r ''s-sss"d '"'' ir'i'fsr"
1te ~~s, .-.,d ,la 80 ~ ~ he '''' ~ he un"l
Fste. ""-' 10 s-s"hg v''''" ls-" ", es"s Hr"'r'''
i,isd ~ issaa -' - hshss- 'Hfpai defyHf
s",s' %" ,he 80 e.,,s ID, ,ss a. 81 y,s ''
The He fom Tho Act ~ liap p'yriass h- al ID" y""s
"e which msJ b. f hs sss,ose ~ th"' -'pSo
ar Aud either Of ITO Jn.lons 81 the Hupfsas tout.
, tho Judges ~ tho Datic Coohs, may Uan Tn' ~
nss, bat writ! "ih.bos. eqpa! shall 10 20 ca.s s,sai
T'on' IN L snle.s they IN custody under o. BY oI - %
The Authority tho United States oommi ted tf t
,' , o. ne A. 1s se,op ofbs As, II "a Mach
1888 su'hori1e. eih,r he justices Of the iprcn- Cont
Judge Of Dstrie Cour; Of the ted Sas' In ad'
the suihorty already conferred by law 70 graft writ,
ofbsbeas corfu, all prisoner priners IN jail
where he they shah be committed or co
- in pursuance OF the United ates any
der decree Of Judse or Court tsre anything
" in any Act Of Congress 70 the contrary not
Now unless II. wit Of babe" eo'Ps Issued oj s anS o.
the Hs'rir ,our was Necessary fa me e.e'c' d tn NC
der by color Of the authority Of the United States or to re-
done in pursu.nce Of .w Of The United States the District
Mt he'd 10 Pwer to issue H. and aoommitment tor
in refusrg Illegal impsoG me- Mt which un-
hates corpus act, imPerayely required 10 set
1t cannot be pretended that the either ked fr
Garted 10 inquire into any commitment made under or ~
color of the bOy Of the United States or to relieve from
ace Of sw Of the United States and therefore may
,r eIrci,s Of any iu.detiop given District Court
he United o Eastern district OF Penn-y y.nA
Tins rrg question Of the jurisdiction OF the courts
tfbe United Stais and particularly ihn OF the Distinct
Court And here without desiring CT intending 10 dseussH
rp.r 10 repeef xba has been often sd aud hat has
ieyer been denied that it Is Government OF enumerssd
lested IL by the several states or the people
thereof without capacity enlarge extend the powers 50
De ers'ed md enurlesed, and nat - courts o. lhsee are
C, Of limited ju,d etion deriving Their .uhony rom me
Of he United >tstes AZ The acts OF Congress under
the Cor.uotG- Let US see wtst jldeis power we ecsn
r.hily exercised by It's Courts ,e.,..,,-,
aeel shall eS end eli il law aud equity arising
under lis Cons',ucn the laws OF the United site: ana
al cs ec enhss.sdors other public ministers and con
all OF sduiralty AID maritime qri-;ton 70 con-
troyer 10 which the United States shall BE- party 10
troverses be,we more States betweet state aud
citizen Of st,e between CT % am e e9
different and between State or the citizen thereof
and foreign STATES citizens OF subjects
The ,sudnents subsequently made TO this article have no
besIir upon question under conlerson nor it neoe
6icon upon the courts the United States for act OF Con
sr' be found extending The un't:iion beyond @ha
are new cousiderirg And il such an act should be pased
would te in direct conflict win the Vn amended es,.,sd
United State. by tbs Constitution nor PROMPTED ~
States reservedt the States respectively OF 70 ae
iii. case be brought within The Judicial power Of the
court. Of the United States. II must be either
Isl Because arises undsr the Consau oh or Tue laws
states f il pin that there other clause IN the
C.ps,ituon which BY the ltudinahan construction
65 arse under the Constitution the avs Of the United
States In order to awe sasfaetoty an"er 10 TINS question:
If we ourselves strictly to toe record from the On.
@ Court we learn Ion that on ,ns o bs H ag Kane
Judge OF the District Court for the Eastern District Of ren3sy
e or sor by the laws Of the st.te Of Virginia. such
persons being respectively named Jane aee1 ABOUT tniy vs
fesr Daniel AGED about twelve years and Isaiah ged aoout
his by Psssmore Williamson bat not Tor crnns
or supposed @ al matter In accordance with the prayer
Of h petion writ Of hs5eas corpus awarded command
ina Psssmore Williamson bring the bodies OF the SAID Jane
with To this writ Psssmore Williamson made return yed'
lied y bis At tia; h' s e Of lane me- nns Of fp he
the tine Of the return nor at any other te ~ ,i
liberty by him. that therefore he could not produce the
bodies as be commanded 49,, ,e tt, n ,oss
wheieupon afterwards to Wit: On the 2th day OF July
D. e5 says the ecord the counsel 10! the seSssa
considered ordered and sdudsed by the Court mar tae
sa NH M 90 sf Is 70 ia
using 70 make the writ Of habess heretofore
such the record Nov while willing ADMIT hat the
jurisdiction should be made clear deny that IN case
Ssas5 sipna 20 kind ssb
oflv 1t Is province f fact to ascertain what the
t. of law determine the jgddic ion At
our sc OF 85 and that the sd Judge Justice may accord
re to the intent and m.snDs OF ms oct Be ehs'.d L.
mine vi ether sccord to the ,sd p.oner Ought to
sft,r Is hitd By of tue laid Judge Justice, be
serd.d and also suggestions msde against IT, so that thereby
This pr vision Of commit nent detaner for
airy cna supposed criminal matter but the IA section
which applies 10 cases OF restraint OF hoe 9Iosf any coor
or preence Whatever provided that the Court Judge or
Justice tefOre whom The party 50 confined or reaIed 'na
be brought shall after the return made proceed IN me sane
hereinbetore presented 70 examine INTO ne
men restraint and hsIeupon either Pail iemaha OF as
cha &c the party brought as 10 justice shall spperan
e.en thereof fiom imprisonment BY Judge Of United
States having ur,deton over the cause OF ant
M %'.tt ma that csn5ot believe that this fsht
be st.I The Guy syos st bot the sSrl
Courts, the Jurisdiction eed not 4pPe'r srnsve ara
.d6 to it hs, me Tss ,e c va 90 virtually deny 70 s
Die OF the sae the right question the validity Of an order ~
F.sers Judge eohssnns them to the walls Of prison
What mocLeTy to say one restrained Of bis liberty
prison acted without urisdetos entitled to De d'
charged burden sou TO hos that there was no
udicticn and in Showing this We VI! no ?, IA you 70 90
beyond the record made up BY the pSry against "hoH you
a. X Petitioner would be legally entitled, upon the return
Of N. wit 10 e.. sbsh the truth Of the facts set orth 10 MS PEI
iton ar hey bear upon the qe,sen o. are trre
stated and 80 taLipg them the case . this: 49,. D.
hree persons Of color by IN in the State OF VIZ
a. ayes with the intention OF passing through t oa
Civ ~ hi .deTbs the petitioner Pssaors Williamson In
fo ed he mother that she free by the laws OF Pehn
.Ie 10 have her freedom and finally with her children 7
r. h, ~ her oy free aud accord and without coercion
or eomuon VI any kind and having her IN possession
of her liberty with her children petitioner ay the POI
;ionl n turned bis place Of business and h never SINCE
en n aid Jane Daniel and Isaiah or either oil them n'
n. tnow where they has be had any connection
- Of an, Iipd with The subject" ,
One Ovpibf slaves In slave state voluntarily ooss tnen
into Fe1 STATE the intention Of passing through me fee
Sts VIII there upon being told that they are ines the
Iesve their Can Judge Of The District Sou,t OF
Iu,,d states compel their ration through TIE
~ writ .bea corpus directed q the person by whom tnsy
srs frynes Of their freedom Or 10 other words u
f.ufifu nd