Daily Davenport gazette. [volume] (Davenport, Iowa) 1854-1855, 1855-10-25

This petition at the subscribers, citizens
Of - respectfully showeth, that
IA he case OF the UHtrsD STATES Elk fAR-R
WHxELsR, Is. PAssMoRE WIILiANsOH, John
X. Kane, Judge Of the District Court Of the
United States Tor the Eastern District OF
Pennsylvania, usurped Jurisdiction prop
srly belonging 10 the Courts of Pennsylva.
nia, aad committed 70 prison the said Pass.
mere Willis nsou, citizen Of Pennsylva.
MIA, without authority, and in violation Of
his rights . ciuzen Of Pennsylvania, aud
ef these Uaited States.
Your petitioners, therefore. respectfully
pray you TO impeach the said John K. Kane
q the bar Of the Senate OF the United
SSstes, for nisconductin Office.
And your petitioners. IS in duty bound,
uili ever pray, SC, &c.
Even in the opinion Of Judge Kane him
ell. Psssmxe Williamson was only guilty
sf whas 10 termed Constructive contempt /;
end the whole doctrine Of constructive crimes
= enc that Is totally repuenans to the prin-
siYlss Of republicsnism. and one that should
sses,vs % federation from free people
- seeeeding to the opinions Of the ablest
lsoysss Of the country, Mr.. Williamson was
gullsy Of no crime At all. He was impris-
essd % he arbitrary decision Of Judge
vhe VS. swirl to show his subseryience to
Ne slave power, and who in order to carry
sss bic tyrannical pre-determination, set At
ssugAt . long list Of the decisions even of
Southern courts, and trampled with insult
ing indifference upon the State Rights Of
peassylvania. Williamson was required
b Kane to bring the bodies Of Jane John
60 and her children into eourt. By the
laws Of Pennsylvania she and her children
were free. and Passmore Williamson had
no more control oyer them, and no more
Pswer TO carry them into court, than he had
% do the same act in regard to any Of the
white citizens Of Iowa; but in the event Of
his not producing the persons required BY
the court, the process commanded him to
rstusa biz reasons for the refusal. This he
accordingly did, and stated truly in bis re-
turn. that the persons were not, and never
had been under his control, and that there
fore be could not have their bodies in court.
For this, which vas the only possible true
return tha: he could make, he was impris-
oped BY Judge Kane, who in the exercise Of
~ arbitrary discretion. decided that the re-
turn was constructive contempt Of his ju-
dieisl authority. Under the most gross in
justice Of this illegal decision Mr.. William
son has now been three months in prison,
deprived Of any benefit from the great rene
dial writ Of the common law, and liable to
stay there, a. the case stands at present, a.
long q it suits the individual will and pleas
IRE Of John K. Kane.
This 10 no case Of abolitionism. II is
direct invasion of the rights of free white
citizen, BY the unlawful proceedings of
Judicial tyrant; who has usurped powers no,
conferred upon him by his Office. and who
deserves impeachment BY the represents
tivss Of the people. Judge Kane has done
that which, By law, he was no, warranted
10 do. he has, in the exercise of an arbi.
srasy discretion, wrongfully deprived citi.
zen Of his liberty, and justifes his malfea-
sance BY an elaborate misrepresentation Of
she law and statutes which he has outraged.
he may expect future preferment in reward
for the course be has chosen to pursue, but
We have much mistaken the temper of the
times. il he be thur. allowed to profit by his
swn wrong.
II has been said BY an.eminsnt writer.-
"Ths discretion Of an English Judge "a for
eiesi Of IN Amsrican,) 10 not Of mere will
and pleasure; it 10 not arbitrary; it is not
eapncious; but - Lord Coke says, 'Discre-
tioa, taken . il ought to be, is disce-nere per
ksem qsia ut jssssm. If it be not directed
By ths right line Of the law, it 10 crooked
cord, and appeareth to be unlawful" II
discretion were arbitrary in the Judge, he
might introduce whatever novelties he
thought proper" 1t is--against the intro.
ipction Of such novelties, under the dis
guise Of judicial discretion, that the people
u tAis country have to guard, and if Judge
Ksne's decision in the case Of Williamson
be allowed the authority Of . precedent, i,
win most certainly prove the fruitful cause
ofa long series Of troubles.
To prevent future evils by destroying
them in the bud, 10 the dictate alike Of
patriotism and common sense. Under the
cover Of Judicial forms, Judge Kane has
committed gross outrage on the rights and
liberty Of citizen, and il is precisely this
kind Of insiduous stacks which are NEST to
be dreaded. and which will surely bring
forth most bsnefui fruits, ntheir authors be
not promptly and properly punished. Il,
Is not an Get Of oaes violence, or any d.
rect and pslpsble breach Of the laws, ths,
can ever endsneer the liberties Of this coun.
Try. The laws may be grossly violated in
particular instances, without any direct At
tack upon the who.e system. Facts o.
thai kind stand alone; they are sttributet
TO sscessity. not defended by principles
We can never be really in danger until ths
forms Of law are made use Of to destroy ths
substance Of our civil and religious liber
ties; until Judges themselves beiray thei'