The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1855-07-31
The Philadelphia Slave Case.
DECISION OF JUDGE KANE.

| suuge name, OF fnfladephia, on Friday, de liver
ed his opinion 10 the case of Passmore Williamson
| ch.-.ad -, ...-,,.,~ - ~ '.''
/ "An ioic'oy taxing away tne slaves Q
non Jao l.. wheeler, U. 8. Minister to Nicaragua
| 1t Is importan, to the slaveholdinz community O
N. g..
,.e 'oa'o. Ai'e' reneaising tne facts OF the cas-.
Judge hane ssys:
Tallowed a writ of habeas corpus nt The iostsnc,
Of Col. Wheeler, and subseouentlv an alas snf
| to this last,Mr Williamson made rs1n,n ,h., ~.
persons named In the writ. nor either os shsn,
are not new nor was q. the time of LINING of ths
writ or the original writ or At auv othsr 5,,ns =
| the custody, power or possesson of The rssnona.
ent, nor by him confined or restrained; wherefors
he cannut have the bodies" ETC.
At the hearing allowed the relator to traverse
this return; and several Witnesses who were ~ I'd
by him. testio to the facts a. ha We recited Them
This District Attorney, upon this state of fact,
moved for Williamson's commitment-Ist.fo for con
tempA In making false return: 2nd. 10 take his
trial for pefiurY ~
Mr.. Williamson then took The stand TO periure
himself OF contempt He admitted the facts sub.
stantialiy ~ proof before; made II plain that be
had been an adviser of the project, and had eiyen
1t to his confederate sanction throughout. Here.
uewed hts denial that he had control at anv time
over the movements OF the slaves, or knew their
present whereabouts Such IL the case; az Il was
before me ON The hearing. q
>, cannot look upon this return otherwise than 20
Ausofy-ln legal phrase, a. evasive, If not false -
IL ses oui tnat the alleged prisoners are not now,
ana nave not been since the issue of the habeas
corpus, In the custody. power, possession of the
Iesponaent and ln 20 far, It uses legally sppro.
Y1Iste isngusge!of such return But 1t goes furs
tnes, ano oy adoeo words, gives an Interpretation
~ tnst language essentially variant from its legal
'mPoE.
:" oeules toss Tue prisoners were within bis pow
SI cussooy, OF possesson, at any time whaseeer -
sus esIaeaSs e1 Respectable, uncontredicted
".suosses, sp9 tns s9mission OF the respondent
,hs .ne lac. oeyono lnat
W IL P...oaSs meIo ~ one tine WITHIN MS power
sha ue - ue Mss tns person oy whose counsel
~ - ~a'.e1 ASseue WIS oeslseu. ne gave the
VI. anu nasteneo 70 The pier to stimulate
suu sukSi .1se tneir execution. ne was the spokes
sI - aaa u.s. ac.o. aier arriving there. vi all
~ " 'ne aSt VI soieucei ne was tne ony
W. LIEU, tue oniy ctiLen, tle only indislousi
nsnas feegs1izeo poiitcai rights, tne only person
Mnoss , sociai training could certainly interpret
JlnS. ~. own oaties or tne Flsnts OF otners under
'nG Colt.I ion VI tno iahu.
IL woaIo Dc futile, ana worss, to argue that he
VINO nss o'gan'zeo ana goloeoi and headed mob
u sn1c' .ne aoouction aao imprisonment VI others
nc ~ "Hose presence ana oy whose active l, nu
oAce tee' aooacHoh ana Improvement have been
olougni aDout-fnignt excuse himself from respon.
siohlty ny tne assertion tnat II was not his hand
tnat maze the unlawful assault, or that he never
acted az the gaoler. He who un1tes with others TO
commit crime shares with them all the legal liza.
b1lties that attend on Its commission, He chooses
Dis company, and adopts their acts.
This Is the retrbutiye law of all concerted
CT lines; and lts argument applies with peculiar
force TO those cases in which redress and preven.
ton OF wrong are sought through the writ OF habeas
corpus. This, the great remedial process by which
liberty Is Vlnoicsted ana restored, toeretes no Ian
e1ase IN the response Wnlcn it calls tor that can
mask subterluge. The dearest interests OF life,
personal safety, domestic peace social rspose ali
hat m an can value or that In worth tivno for ore
jnvolved in this nrincjnIe The ins,i,S,;on. of
aocie,v wonld lose nors iran half ,hs, na,,a ~
r.Ss IS ia,ios he.nrns ,o,ant 49,. saiuo, anu "
courts oI Jas'ics become inpotent ior protecson II
tne WIN " VI Aaoe0s Sorp@S coud not compei the
truth, Iui, olrect ana unequyocal, 1n answer to its
mandate.
Ii will not do to say to the man, whose wife or
whose daughter has b cen abducted, II did not ab.
drct her. she In not In nv possession: do not IA
tsin her inaamuch as the sssault was made bv tho
sand ot NV .nhordinatas and h,rs Io,hnsy ..o 10
ASK whele .nay pfop9,so ,. .ne wrong
acceptance the parties whom this writ called on
Mr.. Williamson to produce were at one time within
his power and control; and his answer so far as il
relates to his power over !hem, makes NO distinc-
lion between that time and the present. Icannot
sive ditfsrent internreta atjon m his anouacs tro
~, ,.hion 10 hos n-ac,,co,I,y oivor hiit - ~
cannot regard him "a denvinS his mower ove, tb a
nrisonars NOW when he does not aver RI NJ 10 30.
lost the power which he formerIv had ""' No na'
Ua b.s Tins raf,,eed or ~ Iea:, ho has tu. =.
.nsnr ,o ,ha oo,,,r,anS ossh - " 10 a' ianeo' "
a. se;s " @ anI 1e " .ne ne mas CHOSEN
as the moral propriety OF his act and to withhold
the ascertainmept and vndication OF the rights of
others from that same forum OF arbirrament on
which all his own rights repose. In word he has
put himself In contempt of the process of this
Corrt and oh sIIenpes Ira action - - 'A-
ihal aeIon can nave no alternative form Its one
TOO clearly dshned by ancient ana ho1ored p,ece-
oent, LOO 10 tne 40 ominutration OF so
cisi Jusnce ana tne pfosscuon OF human right and
100 potentlaiiy lnVosea oy me special exigency of
the case now Deiore tne ooul 70 excuse even doubt
OF my duty or an apology or ts immediate perform
ancs ,
Tne cause was suDm"ted 20 me by the learned
c4onsei lol me IesPonoenL ~thout argument and
naye tneie ioono nYseL a. some 1888 10 under
stahc Ihe sI9unos on "nlcn, II tnere be any such.
they wouid eialm the discharge OF their client One
only mas occurred 10 ne as perhaps WI hin his view;
ana On thisI think II fent 10 express my opinion
VIII lrsn1y reconsider t, however, II any future as
pect OF sne case snau invite the review.
II II - tois thst .he psIsons named In this writ as
eetalneI py ING LePoaoent, wets NOT iegaly slaves,
lnasmocn as tnsy were wInn tne territory OF Penn
sSvanla Stvs;ns ~nsn s .ney WeIe aoduc'sa .,
a.; ; ..9 ;tL LOT the Putposes OF
Inis ,ney We Win lne teIrtolai luris-
oo'io p enL y .Ssna i,S pass.ng non one Stste
20 anotner upon tne naVgaoie waters OF the United
o,eles,-a pCIht On Whien NY ntst Impressions are
aoVene 70 the aIgunens,-i nave 10 say
l. That know Of no statute, either of the United
States or of Pennsylvania, or OF New Jersey, the
only other State that has qualified jurisdiction
tha part of the Delaware that authorizes the forci.
BILE abduction of any person or nythng wharsoever
without claim of property unless in aid oflegRl pro-