The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-07-29
THE WHEELER SLAVE CASE.

THE WHEELER SLAVE CASE.
II Is unnecessary TO invite the attention of readers
the opinion which given below by Judge Kane, of the
district Of the United States for the eastern district
Of Pennsylvania he opinion does honor TO him, both
iuris and magigtrate. 1t has long been assumed
by the hansane fanatics who, under pretence of phan
bropy doing all they to hurry the country into
cy war bat in the pursuit Of their criminal objects they
may only murder with impunity the ministerial Off
ofasee but also perperate at discretion any
Of perjury and subornaton Of perjury to obstruc the
of justice in the Thank Heaven there is, in
Pennsylvania least enough of public virtue left to stem
the tide Of antslavery corruption, alsehood and crime
which threatens to overwhelm other northern States, in
which the public mind seems have become utterly de-
bauched with negro madness.
Beyond the sautary influence of Judge Kanos decision
this respect is the Importance of the main question in
voged which is Their the citizens Of half Of the
Union cannot pass by railroad steamboat through
the other half of the Union without being subject high
way robbery, under pretence that the legal relation Of
muster local to the State to which the
ter belongs and cannot follow him into through any
other State.
III has been decided in of the States, that if the
master goes with his slave voluntarily to reside into
State where slavery has been abolished by law in such
the becomes entitled freedom if he choose
claim it. Quite recently attempt has been made in New
York 10 extend this doctrine the of slave whose
merely passes through the State in transit for
another State for foreign countrywe allude the
Lennon case in litigation between the States of New
York and Virginia The question, it appears now
raised in Pennsylvania in the person of Mr. Wheeler We
doubt how ought to be decided Judge de-
cares that he is not of any statute Of Pennsy
which affects dvest the rights of property Of citi-
of North Carolina acquired and asserted under the
laws of that State because he has found needfu or con
venent to pass through the territory of Pennsylvania
and that he is not that any such statute if such
a were shown, could be recognised as valid in the
courts of the United States.
1t was indeed long ago held by the supreme of
Pennsylvania that the slave did become emancpated
By the transit temporary soourn OF the
ter in Pennsylvania 1t could not be otherwise for il it
were then that clause of the constitution by which the
States pulae each TO the other that "the citizens Of
each State shall be entitled to all privileges and inn
muuihes of citizens of the several States would be al
moekery and snare. The State of New York
has constitutional power TO pass law in
such case dssolvng the legal tie of master and servant
against citizen Of Virginia North Carolina than
would have to pass law to dissolve the bonds of matr
mony against husband and wife in transit through New
York The aboiitioniss in their stupid phrensy have
sued that this clause of the constitution prevents the
State of South Carolina the State of Louisiana from
enactng police regulations concerning negroes from other
States board merchant ships although several of the
abolition States have passed police regulations of inf
nely greater rgor against whole classes Of white men,
whose presence they consider nconvenent to the State
While perfectly clear that every State has full right
pass such police laws for the protection of its domestic
peace health or finances it is equally clear that State
has constitutional power to enact laws to prevent the tran
sit of citizens of other States to strip them of their
rights OF property during such transit If the State OF
Pennsy possessed any such power the abolition
lists have here claimed of course the power is pos
sessed by Virginia North Carolina; and il may be fear
fully and disastrousy retored by the southern States
upon the citizens and property of the northern States
Some Of the northern States have already afforded but
much of temptation and inducement to such policy of
southern retaliation 1t is consoatory and gratifying
the great State of Pennsylvania taking the initiative in
of adjudication eminenty conservative and
stuonal, and much in contrast with that splenetic
fury Of abolition delirium which RACES in some other
States:
DECISION OF JUDGE KANE.
The u $. a. rel. Wheeler Passmoye Viuiamson-
Sur. habeds corpu., eth July, 1855.
Colonel John H. Wheeler, of North Carolina the United
States minister to Nicaragua, board steamboat
of the Delaware wharves his from Washington
70 embark at New York for his post of duty Three slaves
belonging to him, sitting his side the upper deck
just the last signal bell ringing, Passmore William
to the party declared to the slaves that they
free, and orcby pressing MIR. Wheeler aside, urged
them go ashore lie was followed by dozen TWEEN
y negroes who by muscular strength carried the slaves
the adjoining pier of the slaves least If all three
struggling to release themselves and protesting their wish
to remain with their masters two of the negro mob in the
time asppg COL Wheeler BY the collar and threat
ening TO cut his throat il he made say resistance
The slaves borne along hackney coach that
in waiting and conveyed place of
Dir. Williamson following and urging forward the mob,
giving his and address Colonel Wheeler with the
declaration that he held himself responsible him
whatever might be hs legal rights but taking personally
active part in the abduction after he had left the deck
allowed writ of habeas corpus At the instance of Colonel
Wheeler, and subsequently oos and this last Mr..
Williamson made return that the persons named in the writ
" nor either of them now the time of is
suing of the writ the original writ any other time
IN the Custody power possession Of the respondent
by him confined restrained wherefore he cannot have
the bodies" etc
At the hearing allowed the reator return
facts as have rected them The district attorney upon
this state OF facts, moved for Wilsmsons commitment
for contempt in making false return q to take his trial
for perjury.
Mr. Williamson then took the stand to purge himself Of
H. J...kx A.