gBO jO.URNAL Teriss—la Advance topi pet 311IlIIM, setlaiber o . TERMS OF ADVERTISING_ ,of 12 lines or less,liniertiolii $0.50 o r „ “ 3 insertion, . 1.50 eery subsequent insertion, ...25 le g figure work, per sq., 3 insertions, 3.00 0 100(11/gni insertion, . • .5 one ear, y six months, . 15:00 ,liartrotors, or Executors' Notices,' 2.00 j i Sales, P er tract, • , 1.50 kiftitioual Cards not exceeding eight lines for s;i.oo per annum. or Ail letters , on business, to secitre at As , should be addressed (post paid) to 100etrR.: LOSSES BY FILANCES.BRONVSI rpon the white sea sand There sat I pilgrim hand, T ,Ri i ig the losses that their Kiel had known, - Wili!e evening waned away , • From breezy cliff and bay, : ,. Si the strong tide went out with ayeary moan. One spite, with quivering lip, or a fair freighted ship, his household to the deep gone down;. But one had wilder woe, For a fair face, long ago L P ; ic the darker depths of a great town.. There were who mourned their youth With a most loving ruth, Faits brave hopes and memories ever green: And one upon the West Turned an eye that would not rest, For far Whitt, whereon its joy had been. Some talked of vanished gold; Some of proud honors told; St'a:e 'rake of friends that were their trust no And ono of a green grave [more ; 13eside a foreign wave, - Thai made him sit so lonely on the shore. But when their tales were done, There spake among them one— A cranger—seeming from all sorrow free: Sad loisei have ye met ; But mine is heavier yet ; Fare believing heart bath gone from me." " Alas !" these pilgrims said, " For the living and the dead ; Yur fortune's cruelty, for love's sure cross, For the wrecks of land and sea But hewe'er it came to thee, Thine, stranger, is life's last and heaviest loss." From the Philadelphia Sun humeri) Williamson Again Free. It afforded us infinite satisfaction last week to finJ that PASSNIORE WILLIAM sus and his legal advisers took our view in relation to the order filed in tha U. S. District Coutt by Judge Kane, on the 29th ult., and thereupon en Friday presented a petition to the Cella, which set forth, That he desires topurge himself of the contempt because of which be is now attached, and to that end is will ing to make trua answers to such in terrogatoties as may be -addressed to him by the Court touching the matter heretofore inquired of by the wtit of Habeas, Corpus to him directed at the relation ofJohn H. Wheeler. Where of he prays that he may be permittted to purge himself of Said contempt, in making true answers to such interro gatories as,may be addressed to him by the Hon. Court touching the pro:- mises. In order to understand plainly the relative position on — the Judge and thepetitioner, it is necessary to look back at the record of the transaction. When the writ of Habeas Corpus was issued to PASSMORE WILLIAMSON his return was as follows : ,' That Jane, Daniel, and Isaiah, or by whatever names they may be called, pp? either of them, are no; now, nor fi►as 0, the time of the issuing of said writ or the original writ, or at any pike{ time, in the custody, power or possession of, nor confined nor re strained their liberty by him, the said Passmore Williamson, therefore he cannot have the bodies of the said Jame, Daniel and Isaiah, or either of them, before your - honor, as by the within writ he is commanded." Now let us take Judge Kane's own account of the matter, as given in his decision,on the 29th July : , • "At the hearing I allowed the Tele; tor to traverse-this returns and -seve ral witnesses, who were asked by him, testified to the facts as 1 have recited them. The District Aporney, upon this 'state of facts, loved for William ton's commitnient—l. for ''contempt . . . • • . . . — - - - --- -- --- -- • • • - ---- - - •- . - -.--- - - - ' '''' • ..: r •••._ -_ . _°" . k. , , ,, .. - -- , '• ' ....r,e•r , " 24.i.a.,....1..,,rA..*:-a1.r.,.... 7 .2. , ..f•...,:f., f ,,,,, ,--!,,......., ...N.. ..:4 , ..1.7...a .r.....r4.--4.-2.5..4,5tp1q.c.. ..? . 17..........._ i____ .•••--....... __.— ..—. - - T• . • , :: -.F L[,,l. ~...... J .... •._, .. ~...„ ._ .. .. ...E0 , .:,. _ , .. . ,•. ... . _.. •... •.....•. _ . ~.: 7, .. r. .. S; t ` !, : .•'. ' '4 = , S • - :t•-7 % , .-. I•,V • • : 2 I ,r, f - .A , r. . . . . . ...• , . . . • - . . . ... ~ . ... . , •. - - CO,Iii*RSVORT in making a false return; 2. to take his trial , for perjury., . • "Mr.' Williamson then took the stand to purge himself . of contempt. He admitted the facts substantially u in proof before ; made it; plain that he had been adviser of the project, and had given it his confederate.aanction throughout. He renewed his denial that he had Control, at any time, over the movements of the slaves r or knew their present . whereabouts. Such is the case,*as it was before me 'on tb beanng. a• cannot look upon this return oth erwise I than as illusory—in legal phrase, as evasive, if not false. It sets out that the alleged prisoners, are not now, and have not been since the issue of the Habeas Corpus, in , the custody, power or possession of the .respondent and iii so far, it uSas legally appeoprt -ate language fof'such a return. But it • goes further, and by added words gives an interpretation to that lan guage essentially variant, from its legal import. $l.OO 1.25 It denies that the prisoners were within his power, custody or posses sion at any time whatsver. Now, the evidence of respectable, uncontradic ted witnesses, and the admission of the respondent himself, establish the fact beyond controversy, that the pris oners,!were at ; one. time within his poWer and control. He was the per sun by whose couuselthe so-called res; cue was devised. He gave the di tendons, and hastened to the pier to stimulate and supervise their execti tion. He was the spokesman and the first actor after arriving there. Of all the parties to the act of violence, o he was the only white mart, the only citizen, the only individual having re cognized political rights, the only per son whose social training - could cer tainly interpret either his own duties or the rights of others under the Con stitutiou of the land. . • It would be futile, and worse, to argue that he who has organized and guided, and headed a mob, to effect the abduction and imprisonment of others—he in whose presence and by whose active influence the abduction and imprisonment have been brought about—might excuse himself from re sponsibility by the. assertion that it was not his hand that made • the un lawful assault, or that he never acted as the gaoler. Ho who unites with others to commit a crime, shares with them all tlae legal liabilities that utteud on its commission. He chooses his company and adopts their acts." This Was the substance of Judge Kane's remarks, and for these rea sons Passmore Williamson was con signed to prison until he should purge himself of the contempt, which con sisted in saying that. the ." prisoners" were nut within his power, custody or possession, at any time whatever, when according to the Judge's interpretation of the evidence, it was established be yond controversy that they were at onetime within his power or control. For this " contempt" Mi. • Williamson remained incarcerated from July 27th to November 3d - , when he came into Court With the petition above recited, and Judge Kane then addressed him as follows : "Pass:non) Williamson—The Court has received your petition, and upon consideration thereof, have thought right to grant the prayer thereof. You will therefore make here, iu open court, your solemn affirmation, that in the return heretofore made by you to the writ of habeas corpus which issued from this court at the relation of John H. Wheeler, and to• the pro ceeding consequent thereupon, you, have not intended a contempt of this Court or of its process : Moreover, that you are now willing to make true answers to such interrogatories as may be addressed to; you by' ttie Court, toughing the prernises inquired, of . in the said . writ of habeas corpus" , 'Here was permission granted to do exactly What Mr. Williiittison, three months, before, had_fully performed to the' extent , of his _ability.. lie had, DEVOTED,. TO THE PRINCIPLES OF LIEMOCRACY,ANb 'THE DISSEMINATION OF MORALITY, LITERATVRE;AND'IONVS. OTTER COUNTY, PA., through Charles Gilpin;Esq.; his court-, sal; said he .‘ had complied with the usual form in making a return to the habeas corpus, and -had denied ;the custody now or at.any time. ' If not deemed sufficient, it would he neces sary to take other step's or other forms. The- prosecution had his remedy in civil action for" damaged against- the offending parties,"- and - thar he" de sired tio' put in a' complete return, and then be permitted to -go without bail as- baring made 'sufficient answer," The man who 'complied with 1111 the usual forms, and expressed his 'desire to put in a complete return, and an swered all questions propounded to him before he was sent to prison; is graciously permitted to swear that he intended no contempt, and is willing not to perjure himself in , the premises! This affirmation : having been made in , the form indicated by the Judge, he asked District Attorney Van Dyke if he had any suggestion- to make, and of course Mr. Van Dyke desired to pro pound a question, which the Judge directed him to submit to Williamson's counsel, which was done in Writing, as follows : "Did you, at the time of the service of the writ of habeas corpus, at the re lation of John H. Wheeler, or at any time during the period intervening be tween the service . of said writ and the making of your return thereto, seek to obey the mandate of said, writ, by bringing before the Honorable Court the persons of the slaves therein men tioned "If to this interrogatory you answer in the affirmative state fully and partic ularly the mode in which you sought so to obey said writ, and all that you did tending to that end." Mr. GILPIN then said Mr. WILLIAM SON was perfectly willing to answer the interrogatory submitted to the District Attorney, but as he did not know what other interrogatories might follow this ) 'he thought it best that it and its answer should be filed. Mr. VAN DYKE said he was willing either to file the interrogatory or to submit it for an immediate reply. Mr. GtLrly and Judge K.txa both remarked that they had understood the District At toruye to intimate that if the question propounded • was answered in the 1 affirmative he would be satisfied. The 1 Court further said that it was for the petitioner to make his election whether or not the interrogatories and the re plies should be filed. After consulta tion, the counsel of Mr. WILLIAMSON elected to have the interrogatories and answers filed; Mr. VAN DYILE accordingly filed the interrogatory; and Mr. WitaAnstsom and his counsel then retired to' deliberate. After a brief absence they returned and Mr. Gir.roz read an answer, but Mr. VAN DYKE objected to its form, as evasive and ~.not a simple answer "yea" or "14 t" to the query. Judge KANE said the answer was liable to exceptions, but he thought the game matter might be so expressed as to relieve it from all objections; that the answer to the first clause was a distinct negative, but that Mr. WHltAirsorr had a per- 1 feet right to explain the answer in such a manner as he deemed necessary.. The The Judge was also of opinion that the answer to the second clause might likewise be coupled with an explana tion, for if the defendant were to simply reply "no" to it, he migh. then be charged with contempt in nut seeking to obey the mandate of the Court, and therefore he had a right to explain that he thought it useless to make -seam h after the negroes. The answer of Mr. WILLIAMSON was as follows : "I did not Seek to obey the writ by producing the persons therein mention ed before Court because I bad not, at the time of the service of the writ, the power over, the custody' or contra of them, and therefore it was impossible' for me to do so. I first heard 'of the writ of habeai corpus on Friday, July 20, betiveen 1 and 2 o'clock, : A. M., on my return from Harrisburg. 'After breakfiet, about 9 o'clock, I-went from DVE MBE R 'l5; 1855.: my' house to Mr. Hopper's office, when: and where the return was prepared. "At 10 o'clock' I cameinto Colirt r ati commanded by the' writ. I sought to obey the writ, by answering it truly ; the parties not .being in,my possession or control, it aas impossible for me to obey- the writ by producing- them. Since the service of the,-.writ I lave not' had .the custody,' possession power ever theta ;.nor .:have known: Where they,were,, except fl.om - common rumor or the tusetspaper teports in Tel gaud; te.their public appearance in the city, or elsewhere." •.‘ • ',- Upon the reception sit.this Answer, quite an animated diascussion ensued. Mr. VAN DYKE objected to it as eva sive and deceptive, because WILLI/ 4 w soil was asked to state whether at any tithe since the service of the writ and the return, he had sought to obey Its mandates, and jf so, in what - manner, and he argued that the answer was not in the terms of the query, and therefore not a clear, full, and uneva sive answer. He asked that the in terrogatory,be again propounded to the respondent to answer it directly, one way or the other, in the terms of the interrogatory, first, whether he did seek to obey the mandate of the writ, and, if so, then state to the Court the manner iu which he sought to obey. its mandate?. That there' Can 'be no misapprehensiOn as to the meaning of the termiheliad used in the interroga tory, the answer should be yea or , nay; if yea; then how; if nay, there is an end to the question. If the terms of the interrogatory were not definite, it was the duty of the defendant's coun sel to object to them and let them be amended. Mr. GILP/N said.that hedid nut understand that where an interrog atory was put to a party before the Court, with a view to purge himself; Or elicit further information, . the con-; tents of the return were to be answer- ed 'simply yea or nay, withoUt being permitted, in connection with the answer, to give facts explanatory of the yea or nay, and to inform the Court of the facts arising out of the terms put in the writ ; and if, therefore, a defective form of inquiry be used in the interrogatory, it is not for the re spondent, placed in a peculiar position, to correct the terms of the interrog taory. If the interrogatory be defec tive, by the ordinary rule of, pleading, the party first in default must go back again and correct his error. Mr. VAN Drat offered to alter the' form of the interrogatory, but Mr. GILPIN said it had not yet been objected to, and that two 'questions had. beetr propounded : First, as to whether the defendant had sought to obey the writ ; and sec ondly, how. If the answer was full, it was only such as was necessary to ex planation. If the reply was not re sponsive, it was not for the want of an honest effort to make it so. The de sire not to evade was at least evident. Judge Kane gave it as his . ..impress sion that a direct answer could be given thus': did not, at the time . the first branch of the question, seek .to obey the mandate of the writ by bringing into Court the persona of the slaves therein mention ed, because, &c." And " 1 did not so seek, because, &c." Mr. Meredith said the difficulty arose from the am-. biguity about the word "seek," and he could not see what answer the de ndant, could :make' other than that' offered. He had no control over the slaVes. He explains so, and gives a direct answer to the question asked him. Judge Kane said he was as auxious as any one to throw no un necessary difficulty iu the 'way of the settlethent of this matter. The Dis trict Attorney had a right to explain his meaning for the word as he had applied it. Mr. Meredith' said he would suppose a ,case a person commanded teproducethe body, of a perion he , never 'saw. • How could he reply, to the question " Did you seek fur him I" J udge Kane said the re ply proper in such a case, would be, I did not seek, because," &c. Mr. Vandyke eniAle topkihe.dictionary 1:.1 PC? •., : meaning of thi l Wordl"'iseeii." ''lf 'ft were necessary to add the definitions : of Walker and" other I ho wou/d do so,, - Hellefineds the mord as he undenitoodits meaning.: Sage' Kand'again repented ihe opinion'that if"thoTe was , 9y r thip ,e4l4vocnl, about' the interr05ai:0xy,.4,;4 , ,40,a03,1y.41904 say 4!).. If it. WU. , not equivocal, be: should answer directly in' the affirrativl tiro - or ' negative,. arid idd 'his 'reitierne, for.doing so.. ' The ~i , udge 010.1%14 the difficulty, could be eas i ly . overcomc h hy, amending the answer, and ;At' the sup', gestion of the Couit,it was `aheeded' i,it . in the following manner': , - - • ' " I did not seek to obey the writ by producing the person's in the writ mentioned before this Court. _"I did not so seek, because I verity believed that it . was entirely inspossi-. ble for me to &educe the sai(tfiersoni agreeablY team ' command.', of the Court." 4 . The answer in this form was then accepted by the: Court, and ordered to be filed, and we might suppose the difficulty would end here, but Mr. Van Dyke submitted another. inter; rogatory, the effect of which was to inquire of Mr. Willia - mson whether or not he had made•any mental reser- . vationin the answeealready made to-the . interrogatory propounded. BurSiidgle Kane; Without waiting for any objec tion" to this interrogatory, overruled" it, saying:be considered it objectiona ble, as the answer of the defendant must be taken as a matter of course, and no inquiry .could be made such, as that contemplated by the interrogatory. , Mr. VAN DYKE then withdrew thiii interrogatory, but ofTered , another, which wasaltio overruled, as it tended' 'to elicit such_ replies as : had already: been objected to, and so Mr. Van Dyke also withdreiv that, and Judge Kane remarked that the DistriCt :Attorney had been invited to aid' the COurt in this case, but that" he would bear in mind that his relation to Mr. Wheeler was now suspended. This was only an inquiry as to what injury had been done the process of the :Court. Mr. Van Dyke said he was aware of the position he occupied. Judge Kane" then declared : "The contempt is now regarded as purged and the party is released from custody. He is: now reinstated to the position he Occupied before the contempt Was committed. Mr. Williamson is now before rneron the return to the writ." • Mr. Van Dyko, . who, in this affar • .• has exercised the dual position of a federal prosecuting _officer and the private counsel for Col. Wheeler, then laid down the dignity . of his District Attorneyship, and appearing as the counsel for the Colonel, said suit had been brought by his _client against Passmore Williamson its- Ale •Circuit : Court, for the • recovery of. damages. These closing remarks of 'Mr. Van Dyke will be 'found in our local col-. un3ns, after the delivery of which. Meredith , asked the Court, ".Is Mr. Williamson discharged 7" to which Judge Kane replied, "He is—l 'un derstand from the remarks of the Die; trict Attorney, that a nolle prosequr has-been entered in .the case in this Court," and so Passmore Williamson was exempted from the judicial restraint which he has borne with.firmness and. dignity. Will our. readers study the facts of this case .1 -Look at , the lenity of Judge Kane now, compared with his acrimony and despotism last July, and say if . this Passcriore Wil liamson case has not inflicted as deep a stain upon his judicial character Jul his notorious politcal letter of 184441 id upon his private reputation! What • has Passmore Williamson conceded ; what-done now which he refused to do formerly' 1 1 / 4 tothing, 'absolutely both ng I How; then,is . tlia deep . Wtong,' the marked indignity, and the shame- . '- ful outrage he has sutrered,- to ba re paired • Regard:this question, Ame. rice fre3men, as its importance de mands ; for you or we may, bethe next victims of such despotic power.. - • ME s:yl tfe/PP,MigICIM... ,QyrrMena, -14 n: ;Attach Ins, Itio4 Co.; - *rid% to us:imprints-boa.. neas.*aya: "I notice a soggilsnonialoarpepet o f q`.9 fth ll J t 4. - O.°PR -0 4.0 - Fetid** :CoegtTsto imp ea ch, g004,,g5 , . .)14. 4 q144tTiptis, well ifeetneone,llQ4, :preft,Tio a, ?e9Rei!" ) _a_Pa. eiun statement:, '' of the 't'?tß9Fl l . a pamplet form, so that -theiienolo geiloripit 411j'gei! it iigtit'iitivrsofit w hipliTittlik'o4"ha'vg "nieacitto; fcoQi't~p £ ranter i'n' Which mans `fit= pees hays hoticedit , (rniititnot:iityin anithing itht;izt it at This is" a . food iskgiestion. The Williamson case is'one of tranicentieni importance. He is now the rep -eaten wive of a pri nciple itk ta . issue noth ing lea,s,t4arttO PeF.5, lihorty of sr ; ia .every, . 11 W 1 .: 2 .‘1 1 4 the, nation. '4:JR4ae.44ne , frit 2404- ed in his tyranical, usurpatine,,,thea every man's liberty is at, the mercy of United Stites Judges. Nothitivlcus than this solema impeachment will vindicate insulted justice, and deter other judicial- tyrants- from - like, eg greigions. But that :the people may be induced to 'petition generally for . this object, they must be wellinformud of ibe . facts, in tile.ease;" and of the fut pOrtanceoi l the Issue involved. l3ee co the neCesieily Of such a 'statement of , the case fur general . circulation,; • sa our correspcmdenfiuggests: Will !Anne one competent to the task pr.:. pare and publish ' .it I—Free .Preskyto. xlip , There is hope, 'for the pooi.t Tlitinks to the God of the. poor for Cie generous harvest` hand: The coining winter is already .'disartned of mild' ()fits dread, and the nightmare Of corroding care Bits less heavily upl4, and of thottaanda ' oC weary - ones:— There are not so many 'quivering lip. When the young are looked upon. a little deduction in the price of bread when earnings are so scanty, lets mt.! hope :beam into the dark• places. The famine manufacturers are at fault. .Earth's unbosomod wealth hat been so , generally bestowed, that the:so sharks can make less of human woo. Plenty,is holding a carnival and C.., joy. of harvest fullness is everrwherd. Famine himself is compelled to est and forget his dismal, .crnakingt a ; :4 haggard It is most time for the annual girl ,g down of stereotyped gospel about I-4- membering the poor. . And a blessr I gospel it is too, the gospel , of the Chri .t who was= himself so % poor,, preached, we fear, than ,practised., is easier to say - good thing than to el good deeds. Many , there are;-aud may Gred bless them everywhere ! Who' go "about • dbing gaud: Others want their goOd deeds duly. remit:a:4 . on the book' of their “Soeiety"- era read . of all: • B'et let °deft of ur,'.'ittitc friends, hien 'stiCietY Out awn; int! i'henevet %%% fi n d needy-,.give g nerous yo w aeGed - h thgive - u". The .. acts' fdrgitten.': 'By • 1,. side . Of warni "_prayers they will atf he) found on reciard" at last ' Take stock is Heatex Chief. " • ar.Wanted. . Altar. aie a .druin.• mertcr boat time for; the•march of b tellect. A pair of snuffers for the light: of other days. . A loose pulley to work the shift or envy. . , A ring that will fit the. fingar Scoria. .• - • A new cue on for the. . seat iv,. eminent. . • The notes to the tune the bl'd coif died - on. . : i.. 4 - toistt ft oiri theSiltet;LakolSerii 17‘, , i'MArtha..bafe youlungui tkie Clothes," - U Ni) madam, I placed' state otatispemiiimiiiiii 11 Fl t. 3f . itc , •' IREEI SEIM
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