Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1855-08-25
APPLICATION FOR ANOTHER WRIT OF
HABEAS CORPUS.

On the 18th inst. Passmore Williamson, presen-
ted to the Supreme Court of Pennsylvania. then
in session at Bedford, a petition for a writ of ha-
beas corpus. The Court consisted of Judges, Lew
is, Lowrie, Black, Knox, and Woodward. All
present. Charles Gilphin, Elk Mayor of Philadel-
phia presented tho Petition. On the 10th the case
was again called up. All the Judges were present
and Messrs Gilpin and Meredith occupied 3 hours
in behalf of the Petition. The Court without ma
king q decision, after a brief consultation. ad-
%journed to meet at Sunbury on the First Monday
Monday of October. So Mr.. Williamson has no
hope for speedy deliverance'from that quarter
The Court is not to be betrayed into any ''summa-
ry action, when the question is between q slave
holding official of the General Government and
the unjust and illegal Imprisonment of a Pennsyl-
vania citizen.
The petition is an able one; after setting forth
the facts in the case, down to the refusal of Chief
Justice Lewis, to grant a writ of IIabeas Corpus,
it proceeds to say
1t is believed that no case prior to that of your
petitioner is reported in Pennsylvania, of a refusal
of this writ to II party restrained of his liberty,
except in the case of er paite Laurence, s Binn,
30i, in which it was decided that it was not obliga-
tory on the court to issue a second writ of habeas
corpus where the case had been heard already on
the same evidence upon a first writ of habeas cor
pus granted by another court of the prisoners own
selections: in other words, that the statutory right
to the writ was exhausted by the importation and
hearing of the first writ, and that the granting of
n second writ was at the discretion of the Court.
This case therefore, appears to confirm strongly
the position of your petitioner, that he is absolute
ly entitled at law to the writ for which he now
prays.
On the hearing there will be endeayored to be
established on behalf Of your Petitioner on abun.
dant ground of reason and authority, the following
propositions, viz: =
2. That it is the right and duty of the Courts,
and especially of the Supreme Court of this Com
monwealth, to relieve any citizen of the same from
illegal imprisonment.
2. That Imprisonment under an order of n Court
or Judge not having jurisdiction over the subject
matter, and whose order is therefore void, is an il
legal imprisonment,
3. That the party subjected to such imprison-
ment has n right to be relieved from it on Habeas
Corpus, whether he did or did not make the obiec-
ton of the want of jurisdiction before the Court
or Judge i~nficting such Imprisonment; and that if
he did not make such objection; it is immaterial
whether he were prevented from making ii by ie-
norance Of the law, or by the want of extraordi-
nary presence of mind, or by whatever other
cause.
4. That the Courts and Judges Of tho United
States are Courts and Judges of limited iurisdic-
ton created by q government Of enumerated pow
ers, and in proceedings before them the record
must show the case to be within their jurisdiction,
otherwise they can have none.
5. That if the record of any proceeding before
them show afirmatiyely that the case was clearly
without their jurisdiction, there can no presump-
ton of fact be raised against such record for the
purpose Of validating their jurisdiction.
6. That no writ of Iabcas Corpus can be issued
to produce the body Of a person not in custody I'M
der legal process unless II be issued in behalf and
with the consent Of said person.
7. That at common law the return 10 a writ Of
Habeas Corpus, If it be unevasiye, full and com-
plete is conclusive and cannot be traversed.
8: That a person held as a slave under the law
of one State, and voluntarily carried by his owner
for any purpose into another State, is not a fugi