The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-09-13
WASHINGTON, d. c..
PETITION OF PAssMoRE WILLIAMSON

PETITION OF PASSM0RE WILLIAMSON
The Introductory portion Of the Petition O
Passmore Williamson to the Supreme Court O
Pennsylvania, for the writ Of habeas corpus
reeites the circumstances attending the alleged
abduction of Wheeler's slaves, and proceeds il
the following conclusive manner to state ths
grounds of the application:
Notwithstanding the record is silent on Tho
subject your Petitioner thinks it proper TO stats
tnat, on the return OF the writ of habeds corpus
the Judge allowed the relator to traverse III,
said return by parol, under which permission
the reiator gave his own testimony. in which
he stated that he held the said Jane. Daniel
and Isaiah, as slaves, under the law of Virginia
ana mad voluntarily brought them with him, b,
railroad, from the city Of Baltimore to the cit,
Oh fniiadelphla, where he had been accidental
~ detained at Bloodgoods Hotel about three
hours and certain other witnesses were ex.
ahmed. From the testimony thus given. though
not at all warranted by it or by the facts, the
sand Judge decided that your Petitioner had
been concerned in forcible abduction of the
sad Jane, Daniel, and Isaiah, against their will
and consent, upon the deck of the said steam
boat, but admitting that your Petitioner took
10 personally active part in such supposed alb
N.
The hearing took place on the morning Of
Friday, the 10th of July, at 10 o'clock. Your
Petitioner having had the first knowledge of the
existence OF any writ of hdJeas corpus between
ana O'Clock on the same morning Under
these circumstances, before the said testimony
was gone into, and afterwards the counsel of
your Petitioner asked for time, until the next
morning, for consultation and preparation for
the argument of the questions which might
ARISE IN the case, which applications were re-
fused by the Court, and the hearing went on.
anu closed on the same morning between II
and O'Clock
On Tuesday, the 3lst July, 1855, your Peti-
TONER presented to the Hon. Chief Justice of
this court a petition for haJeas corpus, which
was refused
Inasmuch as your Petitioner is thus deprived
OF his liberty for an indefinite time. and possibly
Tor his life, he believes Illegally; inasmuch
as he Is native citizen of PENNSYLVANIA. and
claims that he has a right to the protection of
the Commonwealth, and to have recourse To her
courts for enlargement and redress, he begs
leave respectfully to state some of the grounds
on which he conceyes that he is entitled TO the
relel which he now prays.
W haterer may be the view of the Court as
10 ihe probability OF his discharge on "A hearing
your Petitioner respectfully represents that be
Is clearly entitled to have writ of LoLeas cor
pms granted, and to be thereupon brought be-
fore the Court. Upon this subject, the Pennsyl-
wanna hdbeds corpus act is imperative Indeed
as the question Of the sufficiently of the cause
OF his detention directly concer ms his personal
liberty, any law which should fail to secure to
him the right of being personally present at its
argument and decision would be frightfully in
consistent with the principles of the Common
Law, the provisions of our Bill of Rights, and
the very basis of our Cove rnment
1t IS believed that no case, prior to that of
your Petitioner, IS rePor ted in PENNSYLVANIA, of
refusal oil this writ h, party restrained of his
liberty, except the ca Sc of er parte Laurence.
blnn., 30i, M whic IA it was decided that it was
not obligatory Oh the Court to issue a second
writ OF hdbeas corpus, where the case had been
already heard on the same evidence upon
hrst writ OF hoOeds cOrpHs granted by another
court oil the Petitioners own selection; 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 "a
second writ was at the discretion of the Court
Tins case, therefore, appears to confirm strongly
the position of your Petitioner that he is alb
soluteiy entitled at law to the writ for which he
now prays.
On the hearing, there will be endeavored to
be established, on behalf of your Petitioner, on
abundant grounds of reason and authority, the
following propositions, viz:
l. That IT is the right and duty of the Courts
and especially of the Supreme Court, of this
commonwealth, 10 relieve any citizen of the
same from Illegal imprisonment.
z That Imprisonment under an order of
Court or Judge not having jurisdiction over
subject matter, and whose order is therefore
void, is an illegal imprisonment
j. That the party subjected to such imprison-
ment has right TO he relieved from it on
hdoeds corpus, whether he did or did not make
The objection of the want Of jurisdiction before
the Court or Judge inhicting such mprison-
ment; and that, If he did not make such oblec-
tion, IT is immaterial whether he we're prevented
from making it by ignorance of the law. or by
the want oil extraord mary presence of mind, or
by whatever other cause.
4. That the Courts and Judges of the United
States are Courts ~ nd Judges of limited uris-
dicuon, created by Il Government of enume-
rated powers; and, in proceedings before them.
the record must show the case to be within
their Jurisdiction; otherwise, they can have
none.
g. That if the record of any proceeding be-
lore them show aflirmatvely that the case was
clearly without their jurisdiction, there can no
presumption OF fact he raised against such
record, Tor the purpose of validating their jurs-
dicton.
e. That no writ of hdJeas corpus can be is
sued, to produce the body of person not in
custody under legal process, unless it be issued
IN behalf, and with the consent Of said person
Z. That, at common law the return TO a writ
OF hd6eas corpus, If il be unevasve, full, and
complete, is conclusive, and cannot be ira
versed.
g. That person held as a slave under the
laws OF one State, and voluntarily carried by
his owner for any purpose into another State,
Us not fugitive from labor or service within
the true intent and meaning of the Constitution
OF the United States, but is subject to the laws
OF the State into which he has been thus car
rled and that, by the law of PENNSYLVANIA, a
slave so brought into this State, whether for the
purpose OF passing through the same or other
wise, is free.
9. That the District Court of the United
States has no jurisdiction whatever over the
question of the freedom or slavery of such per-
son, of an alleged abduction Of him, nor any
jurisdiction to award writ of habeas corpus.
commanding alleged abductor, or any citi-
zen by whom he may be assumed to be detain.
ed, to produce him.
10. That in case Of a fugitive from service
or labor from another State the District Court
of the United States has jurisdiction to issue a
warrant for the apprehension of such fugitive
and, In case he be rescued and abducted from
his claimant, to proceed by Indictment and tr
al by jury against such abductor, and on con
viction to punish him by limited fine and i'm
prisonment; but even in the case of a fugitive
Il L a