Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1855-07-31
NUMBER 2l9.
AMERICAN ORGAN.
The Wheeler Slave Case.-Important De-
cisi0n of Judge Kane.

We stated on Saturday that Judge Kane, of the
United States District Court at Philadelphia, had
ordered Passmore Williamson, (who Is charged
with having been concerned in the rescue Of Col
Wheeler's saves,) to be committed to prison for
contempt of court, and perjury. The following is
the decision of the court, which we take from the
Bulletin. We give it at length, as it is document
of no little interest, particularly to the slavehod
| ers:
The U. s. A., er rel, Wheeler agt Pasaaore
Williamson. Ha5eas Corpus, 9th July,
ls55.--Colouel John II. Wheeler of North Carroll
ma, the United States Minister to Nicaragua, was
on board steamboat at one of the Delaware
wharves, on his way from Washington to embark
ut New York on his post of duty. Three slaves be-
longing to him were sitting at his side the upper
deck.
just as the last signal bell was ringing. Passmorc
Williamson came up to the party, declared to the
slrves that they were free. and, forcibly pressing
Mr.. Wheeler aside, urged them to 60 ashore. He
was followed by some dozen or twenty negroes.
who by muscular strength carried the slaves to the
adjoining pier. Two Of the slaves, II not all three,
struggled to release themselyes, and protested
their wish to remain with their master; two OF the
negro mob, in the meantime, grasping Colonel
Wheeler by the collar, and threatening to cut Is
throat IL he made any resistance.
The slaves were borne along to hackney-coach
| that was in waiting, and were conveyed to some
place Of concealment Mr. Williamson following
urging forward the mob and giving his name and
address to Colonel Wheeler, with the declaration
that he held himself responsible towards him foi
whatever might be his legal rights but taking no
personal active part in the abduction after he had
| left the deck
s allowed n writ of fhabeGs corpus ut the instance
of Colonel Wheeler, and subsequently an alias
and to this Mr.. Williamson made return, that tho
persons named in the writ, "nor either of them,
are not now, nor was at the time of issuing Of the
writ, Or the original writ, or at any time, in the
custody, power, or possession Of the respondent
nor by him confined or restrained. wherefore he
i cannot have the bodies" etc.
At the hearing allowed the relator to traverse
this return and several witnesses, who were asked
by him, testified to the facts as have recited them,
The district attorney, upon this state Of facts.
moved for Willamson's commltment--lst. For
contempt IN making false return; I'd. To take his
| trial for perjury
Mr.. Williamson then took the stand TO purge
himself Of contempt. He admitted she facts sub
stantially In proof before made il plain that be
had been adviser of the project and had given
it his confederate, sanction throughout. He re
newcd his denial shat he had control at any time
over the movements of the slaves, or knew their
present whereabouts. Such is the case as 1t was
before me on the hearing.
! cannot look npon this return otherwise than rs
llusory-in legal phrase, evasive, il not false.
1t sets out that the alleged prisoners not now,
and have not been since the issue OF the habcas
corpus, In the custody power or possession of tha
respondent and In SO far, II uses legally appro-
pirate language for such returls But ID goes fur
ther and, by added words, gives an Interpretation
to that language essentially variant nom lib legal
| import
IL denies that the prisoners were within his pow
\ er, custody, or possession at any time whatever.
anFra tria
witnesses aud the admission Of the respondent
himself established the fact beyond controversy,
that the prisoners at time within his pow
er and control. He was the person by whose
counsel the so-called rescue was devised. lie gave
the directions, and bastened to the pier TO stimu.
late and supervise their execution. He was the
spokesman and first actor after arriving there. OF
all the parties TO the act OF violence, he was the
only white man, the only citizen, the only indiyid-
ua having recognised political rights the only per-
son whose social training could certainly interpret
either his own duties the rghts Of others under
the constitution Of the land.
1t would be futile and worse, TO argue that he
who has organized and guided, and headed mob
to effect the abduction and imprisonment OF others
he in whose presence and by whose active nhu-
ence the abduction and Imprisonment have been
brought about might excuse himself from respon.
sibility by the assertion that il was not his hand
that made the unlawful assault, or that he never
acted as the gaoer He who unites with Others
TO commit crime, shares with them all legal lia.
bilities that attend on It's commission. He chooses
his company and adopts their acts.
This Is the retrbutive law Of all concerted criues
and its argument applies with peculiar force TO
those cases in which redress and prevention OF
wrong are sought through the writ Of habeas cor
pus This, the great remedial process by which
liberty Is vindicated and restored toerates no Ian.
guage In the response which IL calls for that can
| The snt n Ela
personal safety domestic peace, social rcpose all
that man can value, or that is worth living
for--are involved in this principle. The institu.
tions of society would lose more than half their
value, and courts Of justice become mpotent for
protection If the writ of habcas corpus could not
compel the truthful, direct and unequivocal-
in answer TO its mandate.
II will not do TO say 10 the man. whose wife or
whose daughter has been abducted, 81 did not alb
duct her. She is not IN my possession. | do not
detain her; inasmuch as tho assault was made by
the hand Of my subordinates, aud have forborue
to ask where they propose concentrating the
wrong"
1t is clear, them it seems to me, that 10 legal
acceptance, tho parties whom this writ called
Mr.. Williamson 10 produce we're NJ one time with.
in his power and control and his answer, so far
Il relates TO his power over them, makes no dis.
tincion between that time and the present.
cannot give different Interpretation 20 his Ian.
guage from that which he has practically given
himself, and cannot regard him as denying his
power over the prisoners now, when he does not
aver that he has lost the power which he former.
ly had.
He has thus refused, or at least he has failed. to
answer 10 the command Of the law lie has cho.
sen TO decide for himself upon the lawfulness
well the moral proprety Of his act, and to with
hold the ascertsnment and vindication OF the
rights Of others from the same forum OF arbitrs
mcnt on which all bis own rights repose. 10
word, he has put himself in contempt Of the pro.
cess Of this court and challenges It's action.
That action can have no alternative form. II V
one too clearly defined by ancient and honorcd
precedent, too indispensable to the administration
Of social justice and the protection of human right,
and too potentially invoked by the special exgen-
, cy Of the case now before the court, to excuse
even doubt Of my duty, or an apology for its i'm
! mediate performance.
! The cause was submitted to me by the learned
4 counsel for the respondent without argument and