Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1855-10-19

states beputy Marshal, with TWO otner oIh-
GERS appeared at the house Of Mr. William
son senior. to serve writ upon PasSmnrc.
They were informed Of his absence from town
and the next day lawyer appeared before
the Court to state the fact of Mr. William.
sons absence, and his consequent Ignorance
Of the process issued against him. Thus all
due respect was shown to the court by Mr..
WilliamsOn's father upon his behalf.
second writ was issued. to Which on the Goth
July Mr.. p,.ssmorc Wilkinson made return
with his own affirmation. This WIS writ ol
hajeds corpus, issued by Hon John X. Kane,
Judge Of the District Court OF the United
States in the Eastern district Of Philadelphia,
on the petition of John II. Wheeler, com
manding said Passmore Williamson to bring
before said Judge the bodies of Jane, Daniel
AMI Isaiah, said to be an has cuStody de-
taincd. To this writ Mr.. Williamson
made the following return
To the lion. j. N. NInc, the Judge
within named
" Passmore Williamson, the defendant in the
within writ mentioned for return thereto, respect
fully submits that tho within named Jane, Daniel
and Isaiah, or by whatsoever names they may be
called, either of them, not now, nor was, at
the time OF issuing the original wit or At any
other time, in the custody, power or possession Of
nor confined nor restrained their liberty by him, the
have the bodies Of the sud Jane, Daniel and
Isaiah, or either of them before your Honor, as by
the said writ he is commanded"
This return, it will be seen. is in strict ac-
cordance with the facts as above narrated.
But Judge klne pronounced the rhrts' ar
at any either Hme,' illus ,ry. and eyisjyr. il
not false :; and having taken a week to frame
his opinion, on the 9th July, he issued the
following magistcrial sentence Let Mr..
Williamson, the respondent. he committed to
the custody of the marshal without bail or
mlin- riz', as far a contempt Of the court IN
! refusing 10 dnSrer 10 the wrH If hajcaS c0r-
pus heretofore awarded against him at the
relation Of Mr.. Wheeler From that day to
this Mr.. Williamson has occupied cell in
the Moyamcnsing prison
Mr.. WilliImspu's counsel offered to amend
the return by striking out the cxceptionahle
! clause. not as cvasive or contcmptuous, huta as
surplusign. This was met by an intimltipn
! that his client would then he indicted for
perjury Mr.. Wilkinson offered t. prove
! the correctness OF his return. The Judge re
piled that if he would take oath to produce
witnesses to prove this within nty-Iour
| hours he would take the matter into cOnsi-
deraton. Mr. Williamson not knownt any
person who chanced to be present at the time,
could not take oath to produce his witnesses
within twenty four hours and so the case
was decided without evidence. Next day
several respectable persons came to Mr..
Thomas Williamson, and offered, as eye.wit-
nesses of the transaction, to verify Pas >more :
statement But it was too late. In his Off
| ciul capacity Passmore Williamson had irus-
tratcd Judge Kane in the Christiana and
/ Wilkesbarre cases, and he must be made Ia
/ feel the power Of a Judge Of the United
| States Court over his own person such
was the head and front Of his offending
TuEpRtNCIPLEs INVOLVED.
Deep rs is the interest that attaches tn
! the person called To suffer under this sen
tcnce of tyranny. still deeper interest per
tans to the principles which Passmore
| Williamson represents lie desires his
friends to leave him quite out Of the account
/ in the great struggle Of principle to which
the friends of freedom are now called. Pass
more Williamson lies in prison the repr,S,u-
t0tirc Of state Rights against FcderaI TS,iy-
! pdtion, and Of the dOctrine ofperS0nal Wcrtg
connion in the FREE Sdt,S against tho docirlH.
Of chattcliSm Mr.. Williamson does not
stand merely upon the literal cXActncs, Of
/ his return. but maintains that cuStodg over
Jane WIS mpoSsijhc. because hy the law Of
| PENNSYLVANIA she was Il frCo tromG, the mo-
mrut Col. Wheeler brought her within III,
State On the other hand. Col. Wheeler Sc,
forth in his petition that ''hc is the o,Cncr Of
three persons held in service or labor by thu
laws OF Virginia. and that these persons ar.
unlawfuIly detained from his possession.-
And Judge Kane declares, Il know Of II,
statute OF Pennsylvania which affects t. di
vest the rights Of ProPcrty Of IL citizen u
North Carolina, acquired and asserted under
the laws Of that State, because he ha, tuun.
it necdful or convenient to pass through IL,
AL I
aware that any such statute, ii such ON
were shown. coHM be r,c0gHI:cd as cG'm II
a court ot he UnHed SiateS.'
Here then is the great issue involved il
the case of Mr.. Williamson. Has the Stat
Of Pennsylvania jurisdiction over her oWI
soil Can she declare that slaves brough
into her territory voluntarily by their mas
ter are ipSO faCto free, or must she ALLOW
upon hcr soil the claim Of II property IN mar
as asserted by Wheeler and endorsed =,
Judge Kane This usurpation Of the Fedc
raj Court over all State legislation, is an at
tempt 10 lcgllize and rccstablish slavery il
the free States, first step ina series Of en-
croachments upon the Federal Constitutio
and the rights of the States, that may yc
enable Mr.. Toomhs to fulfil his boist that h
would call the roll of his slaves under Buuke
Hill monument.
THE REMEDY.
The State of Pennsylvania has n right I
deliver Williamson from the clutches of tn
federal court by II writ of habcas corpus.
This, however, the Supreme Court Of III
State has refused to do, on the plea of wan
Of jurisdiction. One of the judges of thu
court tauntingly said that Williamson ha
the key of his prison in his own pocket, an
might come out by making his suhmissio
to Judge Kane; J. e., he might come out h
perjury himself now, or by admittn. thl
| he did pcrure himself in his return to II
writ Even if truth and concicncc did II,
forbid any amendment or qualification Of h
original statement, it would be poor polio
, to come out of prison by purGing himself
= contempt only to 90 in again by avowing pc
Jury As an honest man Williamson can d
= nothing to release himself from the grasp
e his oppressor. But something may be dor
V in his behalf
First, the four judges of the supreme clu
! Of Pennsylvanla, who refused writ of habei
{ corpus may be sued for dereliction of dut
and tried before their associate, Judge Kno
T who disscnted from their opinion.
= Second. The Legislature of Pcunsylvan
, may rrhuke the wrong, though it cannot r
= GIc,s it, and thu, pubIc .cn,i.ncut may %
= upon judge Kane - a. u induce him
= purge himself of the universal contempt u
}, der which he has fallen.
p. Third, The Supreme Court Of tie Unit,
!, states may be applied to for a writ of hahe
n corpus.
o Fourth. Judge Kane may be impeached
9 the House OF Representatives.
u The first three of these expelients helol
n entirely to Mr.. Williamson { flenus in Pen
sylyauia Yet we can help them with pee
"a MARY resources. Mr., Passmore Williams
II is not a man Of wealth. His father has al
1, la means which lie is willing to devote
= Ills contest of principle, upon which near
IF 81 eco have already been expended. Yet
It Is not meet that he should he left To be
IS this burden uloue. One Gentlcmln Of Il
IN city has offered thousand dpll4rs, auoth
< five hundred, for tits great struggle Of irt
J dom against slayery-ol State Rights aGair
&c Federal Consolidation. We would sugg,