New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-09-10

,@ - ~ teaIs 10 wiich B. l. ssi.b is,ei tEu the
g" ., -, M s .is .S " SS ass c sSf d: fs
sI s,. np saarr s~bsfs want % snseiia to nJ TIE
TO- az s,-s5 T. s. k,%, g.s;. no @ rs ;,s
! rsBai "a Csrtsr. 10 Bi.esf Ios . h,s sS.
... m .Ssl r. ,. u.y y r, s a. T. u. 90
&c t.. Is ,'y 'ss ~ a.' sA,fe ana , s,ss
lie earo,d drehsrEs be.s efpa' ,h Camel
lo h,s a'heisd9n 70 70 he hs deere in.eIss,sd ~
ifha dstsnss ssopd have been mate he fs
e,nisupt 'rd The conviction vas .one uAyr We esls't
ko hod ne ''rls 70 hs Any o'-r r'ns b no
Lihp ls~ which e''ssshed and ss~sned By all
Bot ee,sHiy Ii. w,p, Of iu,i.d,on sler-d IL This
Geo wo1ld have been dsfsnse tho trial lhe
eopduet Of di.obeS-Ice of It's po. in which oasht
Ultimately disuss iyr wsn' q sot only unsap-
,T,rmsnt ~ the We Ourselves have beard
h,crsh sud tbrc u.h bfore convinced ha IL
.Ti, fs parties 70 ,ne Their tribunal But
boush could be dshed 10 such c''e moro than
are SON Trccee6ibs. which the want Of ursdis,iou
would The Grt b,h but there are others IN Wish
Low whsfl or hes joi,ccn ANY obstracis
sa. ss' 100 i0I 'h. prGe S cn,, niS y
eJ convicted sDd punished suPposs 10 al seion 10
lin tnt seserse which ma.t DO made like any
other While is Peneus, ueiiher party nor an ohcer
i. order The Court not have power to deei- upon
TIE merits OF me cas- DIt I' IN ~ pt Sssn, NJ
WnEnson be called be fore the Ceoit Court OF the United
ssHss rs, sa Ca1 he c ' be woS5 AID At biz a e
contempt justify h~sef on The scund hai the murder was
con within limits of stiie and thereby uiase only
I'M cour hhe cen, be can ostf perjury i,r the
He ret,Sn but :sh Of ~, wod MScS les an
il b show conviction ground fr deelsr the sen-
The sn which II petitioner convicted Of disObcyns
legal face. II epoped upon HIM asimpe DUTY wnes oe
That he did 60 is fact eoneu'ivey established By tbs
f he Get of gives to al tas Coar OF thu
lifted St,es power to wrt' Of h,be~ corpus when
to the yncPc, srd usases Of law" Chief Justice Mar,
lsl decided in Bars trial, that the p'inoPes and
,fsed TO in this act were those OF the common law
MT Il The ursdCon II the District Court consists IN re-
ripr fugitive slaves anj the bsbeas CORPUS may be used
IA % ~ wLn nee, cary Il was awarded here upon III sPpi
cation rcu DO paiied hat bio iyes we're detained
be 'e ,,s s took that WV ef tSc .Sscct he WIS.,
bound to ard the wit II the persons mentioned oa
tsd TUNED out On the sIn nS TO &c 1s sam non
power TO bring then before hun habe corpus would have
been Disputed none e1eep! the very few who 'sps tina. "a"
The dizzy inquire In the tset on which ts u'
Il /. cisinsd But MI Wil.n,on Opfei the
IN IpS; and tho is that every thing In the Gao
msns unsettled whether tho persons nAe' IN 'H' WI" wore
Wiethsr Mr Wheeler was III, owner of tllem--whethsx
sy were unlayfuy from hin-wheher the Court had
diction thema these points LEFT open for
% Cu 70 BE- dedrd but
rsht who pre'ides ia toe Drt nrt woald have
Williamson had right arrest the inquiry because he sup
Toed that would be committed on the question OF
jurisdiction any other question II the ss.eri M
wich hi, coua.e now the law and the fscl be
thus old them which probably ueaer odo:eie
his eyes thas anything he could DO against M whees
would have out Of tho case he had IN made tT, fun
ard 5sss al oa s s sS Ter .tes or % "a ter %
Of Jurisdiction, II the law 80 tequ,rst
not that the fugves but merely thai they
owed service BY laws Of Virginia. Coneedng Tor the nse
could have int,ered-concedng that Is not substantially
M sea in the re,ton Of Mr hee'eiho p'000''"s' "''0'
ISs teders tribunals. though Court. limited Jurisdiction.
proper appellate Court valid aud conclusive upon the
hSssh Tie aa G O nSt ss,s Eysn %
settled and law would still be certain that tho
pr<s, he want OF such the body of the
corpus the petition WHICH swarded did not give
the Courts Of United get out the ground other
jurisdiction in every subpoena for ness ani detective or
wall authorize the witness To DO ~ eontuu'
1 gu n tR b es which ere proved or could be proved
the Evidence In which the conviction took Ih
the ecnyciion itself il bad been
at oer .Sd the Court 70 free bin from .cn
he h than would have % eonnefTsId an order Issued
We authority, jurisdiction power 10 decide any
thing here except The Ds s 5S S Ss Ds eop%
that petitioner convicted OF such that
cu hs esswhch bad been before and
which pre- ceded the conviction are ont OF our esc aud ney
examinable BY us-snd oil eoarse not no"
TIsS may be cases in fch ought check usupsOn Of
sny petense whatever to take out Of hands prisoner
cper AZ gal What would not permit them to do
.g.'n will rot do against them.
must rights OF he state and sC oWs, Tor
Them alone can the pop look for eSnpo',nt amin's
psir the constitutional ysor Of the Genera oovernnsn which
Is the sheet anchor Of cur peace ct home and our safety
sbrosd"
sCme complaint made in The Argument sbou. the sen.
would avail here; since have as title power to nyiso
judgment for that reason ss for any other But 20, s
col nor contrary the usual rule In such cases means COM
mill he
Tbs law Wi to bargain with anybody let Its Courts BE-
defed specific tenn Of imprisonment There are many
peIscns who would gladly purchase the honor,
In popular cause at any syen price wilo othr arc
deferred by show Of pnbishinent Esch detained
Tn uercu the submissive and not too severe spoa tbs
refractory The petitioner therefore, carries the hey o. his
prison Bis pocket. lie come out when he WIZ "
maxi {, rms with the Cou hat snt him there But ne
choose struggle for uiumpht not lins WI Content na
sid him Our duties widely diGeIe1t kind Iasy con-
ciseouIasps much as In as YES a. .ue cohesIs
the gal authorities OF the country IAs N"f@ ~1'sa corp"
JUDGE KyOxs OPINION.
Judge Krox delivered very elaborate dissenting
opinion. The following are the reasons upon which
he bases bis opinion:
will conclude ~ rrosp,uls,nf the ground, upon which
think hts writ should be awarded .
hsboss eoIpu, Al ,uneenauia writ Of right demandAbe
petition due form Asserts wha II tTue w0ud
Than A. sssSlon In pston that the petitioner, rs-
Of his hterJ by order Of Judge or Court WHOM.
ian shows pfobsbe leave T. 10 longer
Ay vi the Court Judge whom sPiheaon 70
made whether the wit aha or shall nos isue
That where pison 10 Imprisoned ny an order on Juaso
OF the nsd STATES for refusing 70 sAwef
% s.ss. serPS: 10 ssss . s SsS I'D 90
satAor,y 30 ..ss tho writ
lut, 81 the Federal Carts susiisfy py~er, and
thai be ssaea BY such Judges where The Cause
Tt., the Court. II the rsasrs Cover meat Courts Of
ia Ned tssi,ed non the coh.tution Of The United