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

of respectable uncontradcted Witnesses and the admission
OF the respondent himself establish the fact beyond contro-
versy prisoners time within his
and control person by whose counsel the social
devised He gave the directions and hasten
ed pier stimulate and supervise their execution He
was the spokesman and first arriving there OF
all the parties the act of violence he the only white
man. the only citizen, the only individual having recognised
political rights the only person whose social training could
certainly interpret either his duties the rights Of
others under the constitutes Of the land
1t would be futile and to argue that he who has
organized and guided and headed mob to effect the abduc
imprisonment OF otherhe in whose and
by whose active influence the abduction and Imprisonment
have brought abought himself from respon
sbty by that not his hand that made
the unlawful assault that he acted the gaole
He who with others commit crime shares with
them all legal liabilities that attend its commission
Ho chooses his company, aud adopts their acts.
This the rebutve law of all concerted crimes and its
argument applies with peculiar force those which
redress prevention of wrong sought through the writ
haJeas corpus This the great remedial process BY which
liberty indicated and restored toerates language in the
response which calls for that mask subteruge. The
dearest interests life personal safety domestic peace
cia repose all that value, that worth living
for involved in this principle The institutions of
cey would lose than half their value and courts Of
Justice mpotent for protection if the writ Of abea
corpus could not compel the TRUTH full Direct and unequyo
cal, in to its mandate.
1t will not do to say the whose wife whose
daughter has been abducted 81 did not abduct her she
not in my possession do deain her. nasmuch the
assault was made by the hand of my subordinates and
have ask where they propose consumang the
wrong"
1t is clear then, to me, that in legal accept
ance the parties whom this writ called Mr.. Williamson
produce time within his power and control and
his answer far it relates to his them makes
no distinction and present. give
different Interpretation to his language from that which he
has practically given HIMSELF and cannot regard him de-
pying h power the prisoners now, when he does
aver that he has lost the power which he formerly had
lie has thus refused at least he has failed
the of the law He has chosen decide for him
self upon the lawfuness well the moral proprety
act and withhold the ascertanmen and vndcaon Of the
rights others from that forum of arrament on
which all his rights repose In word he has put
self in contempt of the Of this court and challenges
its action.
That action have alternative FORM 1t is one too
clearly defined by ancient and honored precedent nds
pensable the administration of social Justice the pro-
lection of human right and too potentially invoked by the
special exgency of the before the court
doubt OF my duty apology for its immediate per-
ormance.
The submitted to by the learned counsel for
respondent, without argument, and have therefore
found myself loss understand the grounds on
which, if there be any SUCH they would claim the discharge
Of their client One only has occurred perhaps
within his view and this think it right 10 express my
opinion. Twill frankly reconsider it, however, if any future
aspect Of the case shall invite the review
1t this that the persons named in this writ detained
by the respondent not legally slaves namuch they
were within the territory Of Pennsylvania when they were
abducted.
Waving the inquiry whether for the purposes
ton they were within the territorial jurisdiction of Pennsyl
vania while passing from State to another upon the
gable of the United Staesa point which
impressions adverse to the argumcntI have to say
l. That know of no statute, either of the United States
of pennsy vana Of New Jersey the only other State
at hasa ed The Deia
ware authorizes the orcbe abduction of any person
or thing whatsoever without claim Of property unless
in aid Of legal process.
@ That know of Pennsylvania which affects
vest the rights Of property Of citizen of North Caro-
lima acquired and asserted under the laws of that State
he has found needu convenient pass through
the territory of Pennsylvania.
3. That not that any such statute, il such
shown, could be recognised valid in Of
the United States.
4. That it altogether unmportant whether
they slaves not 1t would be the mockery phan
thropy assert that because had Free they
might therefore be forcibly abducted.
II have said nothing of the motives by which the respondent
has been governed have nothing do with them they
may give him support and comfort before infinitely higher
tribunals do not impugn them here.
Nor do alude, the other hand those special claims
upon hosptabe courtesy which the diplomatic charac
ter Of Mr. Wheeler might seem to assert for him. am
doubtful whether the of Congress give to him. and his
renue and his property that protection representative
Of the sovereignty Of the United States which they concee
all soveregnties besides Whether under general
law of nations he could ask broader privilege than
judicial precedens might to admit is
rily involved in the cause before
Its enough that fnd the stands now the plain
and simple grounds of adjudication that Mr. Williamson has
not returned truthny and fully the writ of haJeas corpus
He must therefore, stand committed contempt of the
legal process of the court
AS to the motion Of the district attorney that which
looks to commal for perjury, withhold expression of
opinion in regard to it. 1t is unnecessary because Mr. Will
hanson being under arrest he may be charged any time
by the grand jury and apprehend that there may be doubts
whether the affidavit should not be regarded exrauca
and voluntary.
Let Mr. Williamson, the respondent, be committed to the
custody Of the marshal without bail manprize for
contempt of the court in refusing the writ Of
habeas corpus heretofore him at the relation
of Mr.. Wheeler.