The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-15


fully indicated its claims to presumption as
in the treatment Of this case by the elder and
Junior Seward organs of this city. They seem
to be utterly unacquainted with the character
and office Of the great writ of right called the
habeas corpus. They treat il as on omnipre-
sent instrument, at all times at the command
OF the citizen, and not as remedy under which
a wrong may be righted.
The 'haheas corpus had its origin in England,
and grew out Of contention between the King
and the Parliament; the former claiming au-
thority to imprison the people at will; the lat
ter denying such authority, and insisting that
not he, but Parliament, was sovereign. One
provision after another was made by the Lords
and Commons TO give security to The citizen,
but they were as often nullifed orset aside by
the throne. At length Parliament authorized
the great writ Of right called the habeas cor
pus. Its issue was provided for in all cases
where there was an illegal detention or impri-
onment of the subject. Parliament denied,
for instance, the authority Of the King to pun
ish his people. Crimes were fxedby the legis-
lature and punishments determined solely by
public statutes. Under such circumstances,
when the monarch caused individuals to be
arrested-thc act being illegal-the courts, on
| the presentation Of the facts in due form, re-
| cognizing Parliament as the sovereign power
over such matters, issued the writ of habeas
corpus, and proceeded to inquire by what au-
| thority the parties were held in custody.
In the ease of Passmore Williamson, it was
alleged before Judge Kane that he had VIC
lently taken from the custody of Mr.. Wheeler
certain negroes. The negroes named were in
fact the property of Mr.. Wheeler, who, as a pub
lie officer, was on his way to his post of duty,
taking with him his servants. Without touch
ing the inquiry whether Mr.. Wheeler could le-
gally hold the negroes as slaves in the State Of
Pennsylvania, his right to them was certainly
superior to that of Passmore Williamson, whose
intervention in the case was at best q trespass.
If Mr.. Wheeler held those persons illegally,
the courts had the power to give them, not
him, redress. The writ of habeas corpus might
then have been awarded on the presentation Of
the facts TO Judge Kane or any other Judge,
and The legality Of Mr.. Whccler's claim to his
slaves determined. Williamson, to gain lit
tie notoriety, and, if possible, to martyrize
himself, preferred to secure their release by
violence. He did SO. On the facts being pre-
sented to Judge Kane-that is, that Williamson
did intervene and take the negroes into his
custody by force, and as trespasser-
that functionary issued the writ of habeas
corpus commanding the officers to bring be-
fore him the persons taken from Mr.. Wheeler's
custody in the manner indicated Had this
writ been executed, and the slaves brought into
court, they would have been precisely where
they were, in the hands of Mr.. Wheeler--in the
custody Of the law. But they could not be
found. Mr.. Williamson, who had forcibly alb
Quoted them, was called upon to give an ac-
count Of what be had done in the premises
He refused to do so; and that REFUSAL before
any court in the civilized world, was con-
tempt. it was something more than an ordi-
nary contempt; for he was confessed trespass-
peace--that assumed to take the law into his
own hands For this contempt Judge Kane
sent the ofiicious meddlcr toprison; but 10 sent
with him, as Judge Black says, the keys, by
which, if he would. he could unlock his prison
doors and be free. Tie is required only to tell
the truth--a penance which his pertinacious
habits Of invention, it would seem, have made
too severe for him, for he still refuses.
At this point Williamson applied to the Su-
preme Court of Pennsylvania for writ Of
habeas corpus. Was he able to show that his
imprisonment was Illegal? The Tribune and
Times would have the people believe that he
was required to show no such thng-ihat all he
had TO do was to apply for the writ-that it is
sues of course-"It is the peoples remedy"
And so ii is; and it issues to correct an illegal
act-to release those who are illegally dctain-
ed. The people require and want no other re-
medy. BY it they are protected against all
such violent demagogucs and madmcn as Pass
more Williamson and his negro allies here and
elsewhere. The Supreme Court of Pennsylva-
MIA, seeing that all the wrong and violence
that had been committed was the work of Will
hanson himself properly refused the writ.
1t Is singular fact that the original tres
passer--the person who first disturbed the
peace. first violated the laws who afterwards
contumaciously refused to tell the truth aboul
the matter-is the person now presented as the
rightful object of public sympathy and the
proclaimed candidate Of the negro worshippers
for fciicitous martyrdom.
Now we are willing to believe in almost any
extent of folly and mischief on the part of the
" little and big villains " of the two papers re-
ferred to, but it is a serious reflection TO make
upon the New York press, to suppose that they
did not know tride-jjust little-about the
character and Office of the babcas corpus
ANOTHER Fusion DoDGE.--We clip the fol-
lowing call from the Albany Era;ng Jour