New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-08-13

scre vby the writ de h0nins rrpsgIdHdo Il NOT so
greet safeguard 10 the citizen. he must DC ape 10
all cases of lie use satisfy the demands oil the Soe
and that officer many times Will not sop inuSn
thor, of the prohibition excessive bail shan not De
rerured" Were il not for this feature oil tna' WITH
and remedy. Il would be adequate to the ufier oe,
structon Of every vestige of power all auho'iy VI
ali end sr guar the Commissioners under tue 9ete's-
HE FuptIve Slave t-themSelyes stfie ss at-pict
he than the Act iself and esteemed among us much
Nc VT esteeIn the memory Of their CREST ancestors
TscE Ketch and the knights Of the whppingpost ana
lraudiug-ircn. Let this remedy be brought mo use.
Ii Is older than the FeCersl Government. IL h7NeI
was irrpsired nor can i be by any overeacling anu
usurpnc act of its legislative Judicial or executive
rerauments The constitution Is an eternal barrier
though the courts have failed IN these degenerate diys
TO declare ud gment. This charter OF government
never ave 10 Congress any the least power to n OF
legisaie AWAY this great remedy of the Common Law
The Constitution Of the United States contains no
reference 20 oommon-law authority. Every power
&" IN the Constitution matter OF definite and posi-
''tive grant" saith Chancellor Kent.
The remedy which we have proposed by the uSe OF
tie writ de- hOfHfne repe GHdo IL the inheritance OF all
the Stse- least OF those existing prior TO the esao-
shm- ut OF the General Government, by virtue OF their
birth under the Common Law Of England. And II Il
ever question of birthfgh Il has been fully set
tied by legislative adoption. We quote again nom
Kent: The Common Law, as far as Il Is apphcaoie 70
"our situation and Government, has been recognized
and adopted one entire system. by the CONSTITUTIONS
"lsnd II has been assumed or declared by statute,
V h The Use nodfC atoms, the law OF the land, 10
" every State
on an examination OF the Constitution, Declaration
of Rights and Laws of Pennsylvania, abundant
authorities prsent themselves for the use of this Com
mon Law remedy, the writ of De h07ine RepleyiandO,
in Any Court of Common Law jurisdiction in that
Commonwealth. We quote: =" Zach and every one
" OF the laws OF Acts of General Assembly that were
" In force and binding on the inhabitants OF said
Province on the 18th cay of May last shall be in
force and binding on the inhabitants OF this state
" from and sfter the 10th day OF February next ~
fully and efieciualy to ell intens aud purposes, az
Z" file said laws and each of them had been made
or enacted by this General Assembly;
60 and the Common LdW and such Of RE
statute lars Of England as have heretofore been IN
" force in the said Province except as is hereafter
expected Passed 2sm January III. II IN. l..
p. $780, No exception viii be found TO the fall and
absolute adoption and use of the Common Law
remedy presented in this paper by way OF repeal,
limitation notification.
Again: All courts shall he open, and every man
for an injury done hun in bis lands, goods per'on,
"or reputation shall have remedy by due course Of
"lar, snd right and justice administered without
&" sale, denial or delay (Art 9. Dec. Of Rights
"Tial by Jury shall be a. heretofore aud the right
"thereol remain involaie" mt 8 Dec. Of Riehts.)
Thus it appears that the ggis of the common law
rests upon the State Of Pennsy lvaaia, and sure
shield TO all It's inhabitants The common law Is an
oyershad0wing presence and like the pillar of fire by
night and of cloud by day TO the menof Israel shall
conduct man safely on in the pathway OF LIE. In
these days of Federal usurpatons feel its sgnid
cauce AID bless God for Its gift II ia well worthy OF
the high encomlum passed upon II by On Poaceaa'
I'VE live in the midst OF the common law, we inhae
Z" it at every breath mbbe it at every pore; we meet
with il when we wake and when lay down 10
sleep, when travel and when we stay at home
and il IS iniere oven with the every ldlom tnal we
speak and we cannot learn another system of laws
without learning, at the same time, another Ian
"euage' -
In oonclusiOn-we cannot see why Mr. Williamson
may not be set at liberty forthwith. Ii he is guilty of
contempt of Court, the discussion of which we have
wooded in this article for want of room, he will take
nothing by this wrt it shall be issued in his behalf
The matter with which he stands charged by Judge
II. is one which presents nice questions OF law and
will not fail 10 interest all who are accustomed to hold
sacred the rights of persons.
Metz l0rk, Aug. II, 1883 HORACE DRESSER