II
II
EUCE
'CH ARLES F. BEAD-6: H. H. F 13,2
I .
,?Oef t S 60110ei•s
From Chambers' Journal.
'The Wanderer's Return.
II By MARIE J. MEN.
You hare come tack to us, my brother,
* • With your pate and thoughtful brow;
Is they oy of, old abodt your path?
Is your life•ros.e blooming now°
You l i ft 11.9, dear, for a fairer dime,
m,„l a brighter sun. than ours;
For t* deep repose of the forest shades,
Awl the gold . 6f orange bowers.
lutlf Njoiced that you were not here _
Wh!en our winter's skies grew dim;
.For 11 4 rightly deemed—"A glorious sun
The afar for him!'
And 01. when'our first dear letter came, .
-
poi the gladoem flashed through tears;
For elch word of cheer aud blessings fell
Lig:. a Eihnice on our fears.
Anil iot
thmli you said that clime was bright,
although that Lsmd aas fair,.
‘‘Tlit,te no place like your dear home - •
To p c riot with anywhere t". • •
Tun h l livc come back to iny brother,
To - ; ou childhood's borne once more ;
To thd ritosic of. the loving voice,
To 42e warm, ktle heart i of Tore.
. .
• p
Yoa have come bank to Its, toy brother,
With your pali and thoughtful brow;
Slid "the star Of hope about your path,
As *ill beaming : . trrighter now? - -
- i .
Piacf , it point from earth to.that fair came
Wkere, the sanslline-shinetkl.t P .
Incri r i• the wanderer's weary soul may
a refuge and a rest ?
•
We khl you-welcome back, my brother,
To I:Our childhood's home once more;
To th tou.iie of the loyirrg yoke,
To he•warm, true be:lrts of tore!
•tir 17,1- Li , peneirrat Ropuirlican... . -
• lir:Dream On, My Soul.
.
, .
Dreatn'en,llmyt soul ; dream of that better land,
There thou art going; . •
Dream of
,if silver stream . over the golden strand,
,1 Sikntiv flowing; • •
Drteze. of `11‘• ltiridr'ed sonlit waiting thee there;
9 :I
Gone Jong befo're ye; •
Dream el the anthems there thou art to hear—
II Anthems on glory. ;•
•
. . .
. .
Dream or, , i!riy 'oul ; dream of the silent ones, 9 •
II 4n memory cherished; _ -.-
Dream of ;he jo'•ys, and of the long loved tones
...i
II That with them perished; .
Dream on;I rev se'rul E dream of that brighter land
li lkle:.zre thou art winging;
Dreak of the siu -light there; and of the angel band:
l' Je-cull} .1 , - , bp-
Prtaii.An;l toy i , (,ul; +b'eaa's of the hippy strain 9 .1
' ' i
. 1 ' That , • - noil• shall ert.et thee • _
Dreat of he silent dead, and,of the angel traits,.
1 i l , Flying to meet tlit.:e ; - - .
,Dream erf, my soli?. dream while life's silver string
I • II Still, sVill is whole;
Dretan-
thOn of Heaven, though life be quivering—
1111 Dream on, my soul.
Eiziwod, Stviday, Sqa. gd.
Tti the. Citizens of Snsgaehanna County.
1 '
The uOicrsigt:Pd, officers of the tt , 2•quehanna-Coun- -
t - a,itricUltntai Society,tlesire to draw the atientiOn
(21 the AF, rirultural and inechanic interest to the ap-
Prita l cLitit fair on the 1 loth and 11th of October.—
grt'at encoutap - unent 'that is held out to
the Farm t f er Meld:alit., it is .obvious that . a corres-
Ponding iihi . APV(Sli s tnt riutuld tale plaee in theirser
crafbratirehe,4 of hti inr and in 'order to, effect this
desirable end, Societe ivas . establit-In.dohat it
might br i t_ the mean: , of briotiing exhibitors together
henorttble . competitiort, Firvadiag ir.forination of a
riauAbi- '4ll . aracter, and introducing improvements di
great importance to us all. It is trel knewn that al- .
rta gra - A La:: been (lobe; for every one linty
per i eeir,the great iinprovement that has,taken place
Wittilnigietr iNtrf , • '
and•the fact ie undeniable that a
•
diziwhisJ,a; bete given to agricultural improvement
by the ai:qity of the Society. For instance, if but a
. siatie inclitidnal in a ' neighborhoed has bad .his
dutentioti tarried to the imprciveinent'of his farm and
smelt firlan Aetendanee at the Annual - Fair,- an object
. h atone gained, for he not'only acts himself to the
' itt•
sora of , 'Cortutificiti, but his example acts upon)his
. : 1 - •
ntaghbors i , and so the work goes, on, till in the course
Amy
ora time the whole "country will present a scene
t - l
of mecesaful cultivation. It is in this way that the
Society effects its ohject, and in order to - do go, tin •
exhiliftiori must be pod, premiums distributed, and
I
addresses delivered. A fostering hand is therefore
1 1 , •
required f;to sustain it, both by annual subscriptions .
tad an 43iitlitici 4 of products of the farm and the
s'etklicili, for -the united effort of all .is required to 1
Ore life tend spirit to the Fair. , - '
Tiii• Piiirmitini Last has been enlarged - beyond Any
that lats i •i•eceded it, in the hope that- a good attend-
I i•- , -- •
aue. , wii ' in -tify the extension ; and although all can
not h et iitemiums ' Yet it is bath:red that every one is
", • --
bepefitttlii by what he seel'exliihited, and returns
with ‘.. giearer stool: of information. An honest pride
i.!a1.09t iti the progess our county is making 'in
a,Trieult4re, and ever reflecting man resolves , to. do .
i 9, . -
better. .'
. .
Tits,; jililre.i: , had been written thuilar, when the
Ci:airraal of the EXCCULIY : t Committee received a let
ter frotalifiatatiel- .o..lforttiii, Esq.,•Of Pli7tolelphia, en-.
el.eir.e.illin t i - for The use of, the Agricultural Sticiety,.
kr. Iltaltir, has been in the habit of spending a-few
wee'aci 41. re every summer, and observing the capa
- bilittPF , T thc couLty in an r.gricrultuml point of view,,
' an-d- l l ' air mach ;t was improving,. conceived that in
I I . - ,
l i i i i.
• - Tlo l oth it Way could its resources be)nore speeday ,
&vele; -d that; by aidine- the Societ y , ,and nothing.
1 1
- I . I • . , ' •
C° Yd trwre opportune than : this ' gener ous dona
tifni i . 4oW many there are who could len d 'whelping
iAr , d, arid yet WithhOld it; and how forcibly-does the;
ritlalit.:-or this gentleman appeal to el . :cry citizen of
tin:lmlay tO do something towards promoting its
true in mits. - Other lands may be, more fertile and
suseep'Lle of. (42.ier cultivation, bur the farmer of
Suaqn hanpa.comity who ftillows a . judicious system,
will . retnunerat-d with . 110 nimirilly hand.. lie
... -
d ivesl - a inortil uttutotpl e e e , and breathes th e air of.
•
health., . .'
Ilieuntiersigued would there/ore appeal to their
fellow Citizens to ponder theie things, and render Much
- I I- • •
support as is befitting an intelligent tomtit Urn 't
y. •
I• 1 . -.
littser DatNnita, President., •
- 'i'llo..u.; Nicnotsox, i .• .
Atra.r.ti'llAtowm, f ' Executive Committee..
Thuit.t.ti JouNsos, ) • .
. 1 I
.. ~ . 3
• .1 . • 1 ,
...
• 1 Theri. Igk; been a great trial of Thre,lin g , 1 lix. ' LookING Gia S tVANTI:D...... -- A &title
.
it4i4g ' 11114 31"i'1 % MaCil3 " : 4 ia the Puri , ' kl*ltibi: niatr Ft Vmire N.Y., isktes to seeetei . lheSeil . -
tioil t (i)en-to all tile. sCurid, azd in wii:eb a th e goptl i keys oi l a girl. to do hpus-c work Avboen' . t run
.!Edie. s 4 an machines Were re resented, and every atter.l y!tnOre than ten Alen---who can be COn 7
A ) i sterie,fin nov-leike fidtre il prova intintirivlil te.yri- 4, ti!rito at lit me one evening in a month—who to i ver y Enrop•ca,,- a?ce.b;ne. Pitts' -41-raerieen I when•?she is out, will wine in before itt - idniglii,
i
113..t1er, the only floe fro nt
.this etinti-? et the Ex- I through - sotnelitUT way
hititioil,rtbicslied alino9t twice as. fo3t af. , • the than the *indow—
best • 1 1 wlio liaall', Intire.tban three families Offrientla
r.ilglidt illaeltines, Will(11 EIMAO.AI slizio4t twice as fast Vand rcilatifes to provide for --End 09 Can get
Itt htliell:re.'telt! ..In Jain:a-Ravi:4; niaehlneß, the Tan- 1 a meal alvid.quls without seasOningi;witb - dirt
Kl:s bloA. r the: palm rd the Paris- as they did' at the I and f+thers
.Gtiod lo.tiking girs-need,i*4't apply
• .
i , aa'Exhil,itjon, - • • I and oatsOver - fortf . pliferted i -
.
1: •
• • i . 1, 4 1 e . - ,
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; D
. C r respondence of llie Republican.
g.
• ' : • The Harin 7 7 : "
' Mums. roto--The hartest of small grain , in the
:. 11
West is c de:l, and such a harvest I never saw be
fore. Dix ngi the paste month I have been tiding' ,
.throughe lountry, and never before. did - my eyes'
see such: •e4dless numhieriof grain stacks. 'I. pass
ed hand s Of. faints, on every one of which theii
were from teti to forty. I see it estimated that .1111-
nais will, from the present crop, sell twelve millions
of, bushels of wheat. 'The corn crop thrOughout the
West is f
l i d
three weeks behind time, hut 'with a fa
vorable fa i there, will be an immense- yield. Pota
toes ate a undant, but have been afft4ted by the rot
in some' ities, though no Periods thing is appre
hended. here is mi l mistake but:that furor produce
will be ch ap during the year to conic in the great
West, Wheat has already failed from $1,65 to 90'
cents per `MsheL 'Last years crop of • corn sold at
SO cents per hushel; ' but Millioni.Of bushels of the
growing n 'p :could be contracted at' itO cents per
bushel.l . .
t• , .
Yotinta, have seen a notice. of ii' new kind ofbrick
invented i)y . a gentleman of"chi. town. They are
i t
made by Using (Mick
;lime and sand trrgt:4lter in - it
dry state, . nd pressing sin moulds With a pressure of
one hundred tOnsori each ... brick, when by, chemical
combinatitin "they become solid as the rock. They
present al ost exactly the appearance of grey mar
ble. _The e ht's been one building put up of . them,
and :moth rr isin progress;, and should' they prove on
trial as pod aS they arc expected t i , they will .at
my with burnt brick : , The iresent cbst of
,40 per thousand. ~ G. C. L. -
11. September Ist. ‘•
mice do a
them is t•
Duos,
or i 1 independent I.?e7:!ublic:all
.ii rasimote ;
. thiman is .4till.confineti in a Philadelphia
,
prison, bout any trial whatever ever being. had in •
his case.,! There has liven no indictment, no trial Ur, -
,
.
jury--nOthing but the order of our AmciieanJelliies,
Judge Kan c. Williamson is emphatically the victim
of the whim of ..that tyrant's caprice. It Would seem
that to-day scenes care etiactlA in the 440 States
judiciaryl 'which were the shame of England in the
feudal a 44.9- Whe y Judicial tyranny becinneintoler
able, England sent tier vile judges to the block, or the ,
people tOOk tl/"lnt.intotheir. own bands and inflicted
stinirnapunislitnent. jiul in the I . nited States we
must ado i iit a difierent cOurse, to secure inviolate the
happineSs4 the iives, and the liberties of the people.
Althattgl i i!great as i.the,provocation for the peOple
to open the 'prison doors of Williamson 'and give him
a fair and honorable trial by a jury of his (.01Intlymen,
and to indict 'upon Judge Kane that righteous pun
ishment 111Vabil011 of, the dearest tights of
man so j..listly merits., yet we would not be understood
as reentuMending, even in this a resOrt to.mob
law. it' l l is true that Kane has ontr4,-edlei - ery priu
clple wl4ll we as Americans bold dear. yet the mob .
Apir;t is' it dangerous power wheii-aroused, end if_it
lights great wrongs; it 111:eWise crannsits
•
many etleopnons, and is withal a dangerous prece
dent. H
• We had much —rather, all things. considered, see
Judge Kline impeachc-4:and most fulli Pu.141/eti by,
udder,' ai.d throughithe itistrumentaliy td those very
laws he hFts E-0 wickedly', set at d-,..fi4nceand violated,
than on the other hand,igreat a s ieihe seeming prov
ocation, people ,Ttotilei take the law in their own,
hand., and inflict that puilizionelet due unto all Kanes
Q.
INMZI
- • 1 THE LARD'S PRAYER: ,•
A friflncl tells fis anl iineedote'Of Booth, the
great tragedian, iw,hicb we do not recollect
having: teen in print. It occurred in the
palmy days of his.farrie,liefore the sparkle of
his great black ej - Zi iiad been dimmed by that:
Ii ne-of 'genius ' strong, drink. Booth and sev
eral friends had Wen invited to dine with an
old gentleman in Baltititore, of distinguished . )
kindness, - urbanity,! and piety.. The host
though disapproving of -theatres and theatre- '
going, had heard So intich..of BOoth's remark-i
able .poW - ers, that 'eurioo r ity to see the man
had, in this intanec- ' .overeoine all his sera
ples and prejudice. . Aft - 0.-the entertainment .
was ove, lamps lighted; and company seated
in the jtawing-roorn; -some. one requested
Booth,;:s aparticular favor, and one which
all. present 'would doubtless apjireeiate, to
reiid- aloud fthe Lord's prayer. Booth ex,
pressed his - willingness Ito afford them this
gratification; and all eyes -w , ...re .tirned 'ex
pectanOy upon him. : BOoth rose slowly and
reverently from his cluilr. It was wonderful
I . to watcthe play of emotion that evriVulsed
t li
his co ntenanee. •• He ibacame deathly pale ;
and hisi eyes, turned tremblingly- upwards;
Were wet - with tears. cAs set he had not;
1 spoken. . The silence. could be felt. It ;be-
I
came al solutely paiiiiiil,' . until at last: the spell
'Was brciken.a if by an electric shot*, as his
rich-tono- - Vdice, froin - Iwinte lips 'sy I labled.
forth, lour _Father when art. in Heaven;" &c.,
with a pathos and' fervid solemnity that thrill
"ed all hearts.. Ile finished. • The silence con
tinue& I Not a voice was heard norla tilusele
moveddin his rapt audu:nce, until ; frOm a re
mote di.rner of the room, a subdued sob -was
heard:land the old" gentleman (their host)'
. .
steppect forward with streaming dyes mid
tottering frame, and seized Booth - by • the
Liand. I I " . ;. .
_ .." Sirl,", said. lie, in broken accents, "you
have afforded. rue a pleasure for vsiiiieh
.my .
whole future life will feel grateful. lam an
Old inab, and eylrry . day, from my boy hi:AA .
to the Present titne,4 thought 1 lia . d repeated
the Lord's Pray' r, but I lhave never heard it
befork.inever," i —..„.._ •- , • i . -. '
~
"1' o/:Are rigl4," replied Bookk "to read
tkat Pr c ayer as it" should be .rea4, has cosone
the sclerest• study.. for %thirty years,.. and I
ant tarlfrom being satisfied with my render
ing of ;that .wonderful 4oducti4An. • Hardly.
One person in ten thousa4d coinkebetids'how
Muck beauty, tendernesi and grapdeur can.
be cotiden3a in' a spage so small and in.
Words so simple:. • That prayer tof itself sal
. iientlyl illustrates the'trt th of • the ki hie, and
stamp upon. it the
,seal of Divinity. i i . ..,
. Soreat wag theleffeck produced (says our .
inform nt, who Wa4 prelient;) that niniversa
tion-w s sustained but +bort time longer in
i i
.1s d lidu . ..d inoriosyllables.land alttmst entirely
. ceased -,- and 'soon atter,itt an early hour, the
1 company broke up arid retired to theirser
i orallitirries i i with sad &ties anti frill fie...ins.:
1 { i • ti
1111/Mil
ZIER, D
:"P,,my,0..04'.; ib
310INTROSE HBDA
TURI, SEPTE M , BIR, 2 0 1855.
• •
~ - f,4.1401116,1•0: Niii:ii,dii.liop.
018/0g OF ArDlia /MOIL
. . .
i _ .
In.the liiill e r: 0:f die'. Petition of Pasimore
iWillimij.eonfo? a Writ of Habeas Corpus."
11 K n„, i 1...-
ox• 'i.7.-1 - do.!'llot concur in the opinion
Of the_mkjorityOf this Court refuiiing - the.
grit of habeas Ciorpits, and shall state the
reasons ;why, . in 14 judgment,. 'f.he writ
shonld 14 granted. ', l• .
..,
1 This application w4s made p) the c 9 4rt
Ni.hilst holding 'a, special sessio .at 'Bedford,
on the 14th (Ily' otAngust, trnd upon an intl.
Mation from_ the connsel, . that in case; the
Court had any difficulty
,upon the question of
awarding. the writ, they -would 46 to .. ,be
heard, 'lliorSday, : tho iltith, of-August, was.
- fix . cd for the hearing.:.i On that- ditylan argu
ment wafi made, :by iMessrs, ''.Meredith and
Gilpin, in favor ..if allOwitnee 'of the Writ..
' I' mityias well retn4rk here, thitt'npon the
presentation of the
,petition I was i favor of
awarding the habeas rpus, greatl,- . prefer
ring that the right of the petitioner, oilis dis
charge should be determined upon the return
of the writ. If this.cikurse had; been adopted
we should have had the views' of counsel in
opposititin to the disdiarge, and-'ini; l r6over . „ if
neeess.aq, we could„itfi - er the retnrii, have ex ,
arninrd Into: the facts of the case. I '
. I. ain inlitVor of . jgranting this Writ, first,
because I believe the petitioner Intsithe right
tv demand it at our hands. Fronrlthe time
of Magna Charta Oil writ of habeas corpus
has . been considered 'n writ of Tight, which
e v t ry parson is entitled to t-x werii)jrfsticia . .
” BO the. benefit of it (says Chancef
ler Ket . ll) .
was in ar great degree eluded in England pri
or to tlig statute of Charles 11, as the Juil'Lros
only awarded it
m itr, term time, and they as
smiled ti„ discretionary pozeCr of atAcznilng or
rt. fa si fix it." . 2 Kent Commentaries, 26.
And Baeon s a ys,." Notwithstanding the writ
of [tube:* corpus . be 4 writ- of right i and what
the siiblOct is entitled to, yet the provision of
the law herein beingiin a great litcasure elu
ded by the .1 edges :bt!ing .-only etnible to a
ward it, in term tiine; as also Ly . anfiar,iginefl
no ion di the judges that the , ; lia:1 . 1-a di-,(•ri..-
tionary 11km - el. of ;..!rat.ting or ri..f using it, - the
act cf . 3! Charles lt.,'was made for remedy
thereof.': ,
• , •
I aro aware that i liOth in England and in l
This coutitry, sulk - e the passage of tl.e statute
Charles :ill., it. hil..s been held thati. where it
I
clearly appeared that the prisoner must be
remanded, It was improper to gratit the writ,
but Hollow of no such comitructionl upon our '
aCt of 101 February, 1785. Thelpeople of
.ti k e, , e I: , :lited - Stat.l4llaVe ever regarded the
1:6% ilegii of. The liahmias corpus as al most in
valuat,ki •tilt[, to see9re -which an i6terdicilia.
against its sm.:lo,ll.d* " tittles,: wlithl in ea•-ei-;
of relieltion or invAslon the puti;i4. , ilafet v may
require, s it,'" is mseititd in the organic law 0 - ,
the ro;n, and, in addition to fiur net i.f
r7ss, o,id, IS hro l aer and more c•Omprelit-'
sive•thail the English' statute, a provision in.
terms like that in the Constitution 'of •the,,
Uniteld Make: is tO befoundinithel Cunstitu-
Lion of this State... '
It. is difficult to eOceive how w.irds 'could
he
. mor4 imperatiV,6 in their cha4eter than'.
those - tit be found in' our statute of I'Bs. . The -
Judges 'ltimled are authorized, and required,
either ilI vacation or ib-•term time, upon the.
application of any "person committed or
11
detained for any stir final or supprsed-crim-'
anal matter, except fo treason or
confine or restrained of his or h i t
under ahy color or: p i etence what
award dnd grant a ha Jetts corpus, k
the person 'or perso'nS in whose ca
prisoner is detaine4, ri turnable int .
And the refusal or neglect to gran
requirea by the' *et to be,grall
ers the linage so neglecting or r(
hie to tie penalty of thit.ke hundre
I suppose no one will doubt they
the Legislature to require this wr
sued by4he Judge 4 of the lam) mo
And it is tolerably plain that wh
press Words, a certain thing kdinf
done, to which is added a penalty
ing it, tic) discretion is to LT used
the ,rnandate.
The English statute; confined - t
to a neglect or reftkal to grant . . t.l
vacatioktime,and front this a deieretionaiv
power to refuse it im.term time wits inferreci.
I but our act of Assembly does not limit the
!penalty! to a refusal in vacation:l)M' is _suffle
iently OompreheuSiile to embrace !neglect or
refusal :413 vacation Or in term timit.
• I liase•looked in- vain through he numer
ous cases reported in this 'State t , find that
the. writ w 33,4 ever denied to one' whose ap
plication was in due form, and *hose - case
was within the ptirView. of the A.ctof Assem
.
bly. • 1 ,
initesptiblica pri Arnold, 3 Yates, 263,
the writ. was. - refused. because tht petitioner
was not restrained ',of his liberty, I and there ,
- fore, not within the terms of the statute ;- and
in ex part Lawrence, sth Bindey, 304. it
was held that the . Act:4 - AsseMbly did not
oblige fhe Court:An grant a habeas corpus
where the ease had already beenheard upon
the sathe .- evidene4y another Cotirt. With,
out : gding . into an examination lof the riu
meroui cases where the writ has been al
lowed, .1 belie* . that tbe reftisal of the .
writ in .a case like the present,l iS withou t:
a ftr ,- .s+lent, • and [contrary to f t hq \mir o rni
praetiei: of the lienCli,and against] the univer
ial understanding of the profession, and the
people'; but what is worse still„ it appears
to Me `to he-in direct violation of the law it
self'. , :
':, -- ' ' • . • '-'• ,
It nay be said than' the law never requires
a usel4ss thing to be done. , Grant it. But
luiw can it be detertnincd to be seless until.
,_.
the e* tis heard? i Whether th - els grOund
for the writ is to Ibe deteimined aecording ..
to law; and the ;la* 'requires that the deter
rni tiim.Should follow, and . not precede the
re i. ' .1 . . .
i A'' pplication - is-as rnade.to the rhiefJus
.
tit:* t f; this Court (or a writ of habeas corptis
previOns-to the application now beingconsid
ered. iLThe writ W i as refilled, and it wag sta
ted- inithe Opittiott, that the counsel for the pe
tititin4r waived the. right to the writ, gni did
riotdire it.to beJssued if the . bier JUstice
should be .or the Opinion that th ra wap not
sufficient cause set) forth in the , petition for
. the prisoner's discharge; . But this can in no-
I wise Prejudiee the petitioner's right to the
! writ Which he tiose demands. Even had the
writ been award and the ease beard, and
the discharge refuseitit -would not be within
the ddeisiOn to ex carte Lawrence, for there
the h t iarinik was before a court hit term time
Upon *fall examination of the case upon ev
p • 1 ,
antaimau .
• ' . 1 11 but
idenee addueld;:tuld ers.;
the moiSnliilious diatinptien, . hire is , -
that the
writ.has been.. awarded. And the
greement of,konniel. that ithould not be in
a certniSe4e4; erenif bindibg upon Oeielient
there, Woul4.)lot afreet :hilt; here.
Now; 44041 avert at:Vie: writ of hataiiS
ctorpus,
.ttdieicb fieiendaTa,.. it a writ of right,. I
do not %Visit:4) be uuderstoßd that it should
. ,
issue, as .a notter of course. Undoubtedly
the . 'petitinn thuSt be: iii.dinifo - rm, - andl. inust
'Show .uPetn it a- face th.'..t titer petitioner is enti-:
tied to relief.; 1t marbelefused if, upOn the
application itilelt,lt.spissfus that; if adMitted
to be
.trutthe . applicant. ts : not entitled Ito re
lief; but `hre, as in the case before is,. the
petition: allet;es* an Ologal restraint of the pe - -
r titioner's" liberty, under 'An • order from
Judge beyorid his jurisdiction { we are bound,
in the (Irk pace, to take - .the allegati l on as
true; and sci taking it, .s probable .e4nise As
made out, and there is no longer a discretion
ary power ti. refuse*the writ. Whether . the
allegutioh,oilwant of jurisdiction is true or
not, is deterMinable only uped the return of
the writ,
. ,
If unellutsaverred,in his petition what,..if
true, wo l tild +(ford him, relict, it is hisConsti
talon:if right to be present when the; truth .
of his allegations is itnrire,d . into ; and it 'is
also his undoubted right, under .our habeas
corpus act, to establislA hia.allegations by ev
idence, to Ltd introit - wed :and heard upen the
return of•th,f •
writ: To deny him the •Writ,is
virtually to . ,condemn him. unliearkr; and as'
I can seelioihing h this case which require'
at. our hands an extraordinary .resistanee - a.
gainst the pr ayer of the p-,;.titioner to he per-'
milted to show that his imprisonmentlis ille
gal,. that lie is deprived of his liberty ‘yithnut
due COlll%Se 10 law, lam in favor of treating
him as like hses have - uniformly - been; treat
ed in this C4mmt)nwealth, by awarding the
writ of habeas corpus,' and reserving the in
quiry.as to his right to be -discharg . eo until
-the return - cif the writ; but as a majority of
my
,brethren have come to a different.
,conclu
shill, we mist inquire next into the tight of
the applicant to be discharged as the base is
1 I
now, presented. —
;, .:. I suppose!it to be undoubtA law thl i at,lti a
case where et court( acting beyond it t . jar:s
;dictionas
h' ettrotnit ted a person' to prison,the
,
prisoner, wider. our habeas corpus act s , is en
li,l, d -tip liis ,discharge, and that it ; mites
no diffi.t.;rene'e Whether- the'Court thul trans
c'..attling its jurisdiction assumes to act as a
.0,:•t Lif the Union or - of-the Commonwealth,,
.If a prthei;deapparently sn just and clear,,
ne.:ds fOr it. support adjudicated cases, ref
er-nee }an be had - to Wi&s.vs. Withers, 3d
craw-143A; ist-Peters' Ccatclensed Reports,-
55'2 ; gose - iys. liincl - y,4th Craneh, 241,208;
17,,:i
.‘.--;. 1 - I,tr k len, IA ;Paine R e portslss,
, 5S
fin a
. 50 ;, !,,. fi Crimch,'4lB •, 13 ,- .linit.n vs ' ) Swart : .
woat; --Ith 0-.. melt, 15 . ; Kearney's e.se, 7tb
ti
Wheaton, :IS ; Kemp vg. Kennelly, - st Pe
ters C.. C. It., :XI ; INV i,l'li es vs:Caul k,l stllar.
•
aud.J., 42 ;- Giant 111 vs. Frazier, 8
,Cr l anch,l) ;
Cow. v'-', S.,nitlt, Su`,. et. -- Penti., Ist,lWhar
ton
. .IPhz.est.;:l2l - ; Cpm: cx relationeL'v,•long
ton vs,theil . ailor. &• - e., Sup. Ct. maniseript,
181.1. Wha ton's Dli , test I vol. Ist, 321 t. Al.
! I,
l v
bee vs.-AV:aril, S Nl4ss. 3ti.
- Some ofd these cases decide that the act of
a Court, wiithout juilstlietion, is void .;,some,
that the prit , ,per reniedy for an intpriq'..tamenr
1
by a'court havinf.", no jurisdiction is the writ
of hal;eas ebrpos; and others, that lit may
issue front i'State court to discharge 4 prise.
ncr eotntnitted tinder process fruit: a Federal
court, if it I ltitrly . appears that the Federal
mart hat To .jurisdiction of the case alto
gelter, 014 establish the point.that.the pof-.
i iiouck is entitled to relief, if - he is restrained
or his liberty by a court acting be)intd - its
juris , lietic4 ; - ...- - I . ; . • .
felony, or'
liberty.
1.-_oever, to
ditectellto
istody the•
Fnedintely.
t the writ
iced rend
fusing, lia-:
vi pounds.
power- of
it to be it‘
nwealth : ,
ire. in ex
teted to be.
for not. do
n
o
obeying
Neither do I conceive it
,to be correct to
say that the sppliamt cannot now question
the jurisdiqtion of the Judgeof the District'
court, kcalise he :did not challenge. tit upon
the hearjng.' There are many rights and
ti
privilegcS - thich a
_party - to a judicial con
truiersy•mtty lose if not claimed in d e time,
but hot so the questiOn of jurisdieti n; this
cannot - be t yen, •by eXpressconsen, ; much
less will a Juiescenee for a, time waive an ob
jection,to it. (Sec II S. Digest, volt Ist, p.
639, Pl. 62, and cases thefe cited.) It would
be a harsh [rule to ..apply Ito one who, is in
prison; " wfthout ! bail or thainprize," that his
omission to speak opon the first. opportunity
forever cicAed his mouth from denying the.
poker of the court to l
deprive him of his lib !
erty. : 1. - dlny that the 'laW is a trap fair the'
feet - or the !unwary. • Where persona liberty
1 1
is 'collet-mild; it is a shield for. the protection
of the citizen', and it will answer his,call even
if male, aftler the prison dtior.has closed up
-011 him. I • t • • - i
.
It; then,ithe. want of" jurisdiction is. 031;
.and th e lutliulry as to its existence isstill open
the only question thatt-retna.ina tohc consider
ed is, this:l Had - the Judge of the .IDistrict
court for tlie.Eastern.District of the United
States, po er to issue the writ of habeas cur
pus,,directd 'to Passmoye Williamson,. upon .
..the petition of John H. Wheeler. The pow.;
er of that 3:oUrt to commit for a contempt is
nut denied.; and I . understand it to be coliiid
ed as a general rule, by the petitioner's con
sul, that ohe court will not re-mutane a coni
rnituient l'or . eontempt by another court of
cumpetenl jurisdietion.but if the court has no
authority to issue the writ, the resixmdent was
not boulidi to answer it, and his neglect or*rei•
fusal to ill so would
. not authorize his punish;
went for nontelnr I -.. . . .
The firs't position which I shall take in con'
sidering the question of jurisdiction; is that.
the courtsi of the Unifed States have, no pow,
..ii the writ of habeas corpus, ex
-,s is given to them by the acts, of
penalty
, e writ in
lEEE=
ceps sUell
Congress. ; , . .
(2 ,_ i ._ ,
oart •• which originate in tnc;co . mm
law Oise s a jurisdiction which must be reg..
hinted bylthe coMmon law . ; .but the courts
which are created by .written law; cannot
transcend their .jurlsdictioti." The power to
as and Lilo writ by any court of the United.
'States !niiist be•g,iven by written law." Ex
parte, Swhrtwout 4th, Crunch 75. Ex parte,
Barre 2, iieward 65. The -power Of the
courts of khe UoitW 'States to issues writs of
habeas ktms, is. derived either from the
- I , lth sect:, u of the Act of 24th September,
17b9,. or 1 from the - 7th. section of; the Act
of Marchlt2d; 1833. .!. , ! , .
The sei r tion from the jict of 1789!PrOvidas
that." ntlithe4x)urts of the United States may
issue writs r)f solve facial, habeas corpus, and
ail other lwrits not specially , provided 14 by'l
iitatute, v4hich may be necessary -fir theit
ercise. of 11011: respective jurisdictions, d; ,
ag,reeibl t i to' the p
. 2rinciples and usages law.
1 And Oiti+r of the Justices. of the premct:
47p;tri
;LnwERV arßo co - Aelow
t -
:..- • . . .
court, as -I as the Judges we i or the District wil itto to admit that the want . .ofjurisdietiott
courts may grant
. write of habeas corpus for sh uld be made clear; I deny , that in a - ca.o3
thepurpose4;Cinquiry into ,the cause Of cent- under our habeas cerpus'ict.the Party• atter
initment ; but writs of habeas corpus shall iii want' ofjuristliction cannot go - behind . -tbo . „
in ho case - eiftend to prisoners in jail unlesS record to establish it - anon exiateuce.
: .
they are in - custody u n der or Areolor of the Jurisdiction, or the ..absence, thereof i : is - a
authority ofthe United ; States, or are coin- - mt'ced question of law and fact. It 'is the .
. _ ,
initted for trial before ; . some Court of the , pro,‘ ,l i , vince of Act to asC*rtaini what the :ease- is,
same, or are necessary to be - brought into an of law to - determines whethar the jiiris
coert to teitify.,','.. The 7th Section bt: the dietien attaches to the cast so aseertained:
Adt 2d Mere); 'lO3, authorizes " either, of Ai J,i says the - 2d •settiint or our act of' 'B5,
the;Ju . stice.s,ftlie Snpreineeourt,.or-a Judge ' aiid:that the said judge tn. justice •may,rtie
of any Distiiiet'conrt orth, uoited States, in _cording to the intent and meaning of this act,
addition to the authority already : conf l erred* he enabled, by investigating the:truth of the -
j
b 4 la*, to:gtnt - writs ofhabew C.9rpris in all, ci tiiinst inces . of the ease tip determine, ac
capes of a prisoner or prisoners *jai or text- co •di i ng to lu s t;, whether Said p r iconci ought - to
thiernene, where he or they shall' he c o mmit- -be bailed; rein:aided or'-disth:irztaLtherottirn
tedoreonfined on or by authorit v of laW fors' may; before or after it is held, by leave of the
any act dime or omitted to- be clone in pair- sa . d judge or justice, be atnerided., and also
stance °ea law of the United
. State any. or y. snvestions made against it,' so that thereby
order, proc e ss, or decree of an ., " Judge or in itelrial facts may be ascertained: . •• •• • ._•
court therec( , t, anything in any - . 2let of-Con-1 f ;Tills prowkiOnfiriplies to cave.: of Commit
1
gress to. thel contr./0v not wi tliAitinl in , '• I"
w • an g lit or ilentincr fur an y . cflminzil orsuppo.--
, .
. Now enbiss the.,writ of habcai thmjpits i . :‘, et - eriminfd matter; but the 1.4. th section - ,
tied by tl . ,e ifudge of the I)isfrict . e. n was -\ V licit applies to cases of roqr. int,Ofliberty,
neeessary for the exerei, , e of the juriOiction 1 ‘tviler any color .or .pretenQ -,what . soeve:r t i
or the said court, or was tai inquire! into a• Noi,itle-; that' the- colirt, judge or r juAlee,. be
co r; Mmitmenl unde ,or bY color .of the nu fiteiwhoin the party so confined'orrestrain
thority of the - United States, or to, relieve efl -,llall be brought, . slid" ; a ft er :the return
some ono imprisoned, for enact done or Om ii it- - ide,'propeed in t m
he Sae - Jammer as is here
tell to be thine io pursuanc . e. of a laki of the it ifter prescribed, to - examine , into' the facfs
United States; the DiStriq Court bad no r lilting to the case, and to the cause Of such
1
,pOiver to issue it,- and a cola - Cit.:tient 'for eon 7 c ntinement or restraint, and thereupon either
tempt in infusing to answer it is an illegal im 7 ' bill, remand, or discharge the . party so bra',
prisounienti which, under our habeSS corpus a tit justice shall' appertain.?
i
' • .
act s we arc imperatively required to Set aside.
It -cannot be pretended that ,the writ Was
either asked; for - or granted to inquire into:any
commitment ttude under or by eolor'or the.\ .
anthority of the United States. or to, relieve
from impriSoinnent for an net done Or omit
ttid.to be dOne in pursuance of a laW.of . the
United States,' -and, therefore, we may con
tine.ourselveS solely. to the question I .Nvhether
it was neceSsary for the exercise or, any ju
: risdietien given to the District Court of the
United States for the Eastern District of
nsy IvaUi a.
This briUgs us to the question of the jnels
djetion of the Courts of the United • States,
and more fmrtieularl v that of the • District 1
court. And hero, without desirin7 fir intend-
ing to discUss at large the nature and powers
of..thct Federal Government, it is proper, to
repeat.what has been so often sail, and what
his never . heen denied, that it. is a govern- .
ment of
.puhmerated powers &deg:teed:to it
by the several states, or the people thereof, •
Without Opacity - to enlarge or extend the
powers sO delegated - and enumerated, and
that its cotirts of justice are courts of Iturited
jtirisdietioti, deriving , ; their authority' from
the Constitution of the United States, and,
the acts ofiCongress under—the Constitution.
Let us seeiwhat judicial power was given by .
- the penplelto the Federal Government, tbr
that alone Can be rightly exercised by its
eetuits. -
•
"The jUdicial power" (says the second_
-4tetiow of the third . article) Shall extend to
till cases mm law and equity arising under the, ,
ConstitutiUn; the laws of the United , States,
441 treatids made which shall made
under theik authoritY, to all cases affeeting
ltriti f assathirs, other public minis-tcr4 and cOn-
Suls, to all eases admiralty and !maritime
J uribtlietiOn, to controversies to which the
United *kites shall be a party, to controver--
41es between two or more States, between a
State and ~ citizen of another Staterbetween
.oitizetis of - different States . . and between a
, State or the citizens thereof' and aireign . sub
,
The 6npnarnents subsequently made to
this artich have no bearing . upon the quest....
ion,under iponsidcration, nor is it ,Ipectz;Sary
to.examine the various nets of Cnugress con
ferring jnrisdietion upon the courts of the
• Jnited Stlttes, for no acts of Congress can be
'found• extending the jurisdiction • beyond ,
I,vhat is gifreu by the Constitution so far '
relates to ;the question we are now consider-
Ina . And ifsimeh an act should - be' passed, it
would helm direct . conflict. wi* . the 10th
.amended article of the Constitution, which
declares that " the powers not delegated to
the United States by the Constitution ; nor
prohibited; by it to the States, are '.reserved
o the States respectively or to:the - people."
1 If this ease can be broUght within the ja
6icial power of the cotirts. of
,the United'
.States, it rust be, either,
Ist. 13 . epanio, et'arises under the. Constitu
tion or the laws of the United States:
• . -
Or, 2di l Because -it is a coutrOVersr
iwedu citikens Of different. States; for it is'
. Main thatthere is no ° other clause fn -the -con
livhich,. by the most. latitudinarian
':tienstructiOn conici ; be made to include it..
"1. Did it 4rise under the Constitution or laws
-of the United States? In order : AU give a sat;
isfautory ans Wei tai this question, 'it is, neees
,sary to see what the case Was.
If we - confine ourselves strictly •the tee
ford from the District court, we l'earn from
it, that chi the 18th clay ofJuly laSt.:John
iWtieeler - pre , eiited his petition to 11 , .m...101itr
judge of the District court: fur. the
`Eastern District of Peinnylvaula;- setting'. ,
forth that he wa.,.the owner. of three person. : ; being respeetivelyned Jane, eiged : abiiut
ithirty-five years ;z: Daniel; aged shout tWelve
iyears, and Isaiah,' aged about seven ..,years,
persolis color:; . and . that they were detain :
from his posseSsion by PassmoreaVilliaru
-son, hut not for any criminal or supposed /
ciiminal Matter. In • aecOrdance with the .
. prayer of the petition; ,a writ •of habeas e/r
-; pus was I awarded, . coMmandingi Pat,ssmore
WilliamsOn tolbring the-bodies of the said
;Jane, and Isaiah : hefore .the Judge
of the Ditriet court fOrthWith. v ' •
TO this writ Pass.rnere Willismade a
:return, verified 'by *his affirimftien, that the
said dace and Isaiali s tior either of them,
-were at the tithe Of the p 1 the writ;'
nor at tlni time of the rythen, nor at any oth
er time its tire cintody/power -or ignsession
nor Conlined,_ nor re. rained of their_ libertY
by him ; land that .y. therefore; he could not
produce the bodXs as he was efimmanded,.
This rieturn yi'as made on. the 20t1t of July,
D. 155 s Whereupon, afterivards - , to
wit :on tti th day Of July, 11..34,*
says. the / reeord, the counsel for :;theseveral
parties Nixing been -heard, and the said retii i
.
Ilavia bon duly considered, ordorel
,
an adjudged by the 'Court, - that the • ari'd
`1 ) ssminie 'Williamsen be committed te the
/ custody Of . the - ItariduiL Without, bail or giant
prize, asifora contempt : in refining to in;_t6
return to the writ of habeas corpiis, heretofore
issued'al4ainst him,—at the instanee:.of joint
H. Whelder. •
Such.io the .record.
1-1: 1 '11AZIER !4?,,!
[The right and daty of the SuPreme . Court
0a State to 'protect a citizen thereof froni
ii qirisonment by a Judge of a . United .states
Ai. qkrt having no jurisdiction over the cause-of e
miplaint, is so inanifest and so essentially
n :gess:try under our dual system cif gown
n cat, that I. cannot believe that this right will
e •er.bn'abandoned or the duty avoided : but
i we concede, what appears to be the lair of
q e.later enses in the Federal Courts, that
t uejurisdiction itee..d not appearathirMatively,
and, add to it that the want. of jurisdiction',
:4'41 not -be proVed by evidence outside of.
t ie.,record, we do virtually deny to ' the peo
• 1le:of the State the right to question the Ya- 1
I diiy of an oidLir by a' Federal Judge eim- .
1
s.giiing them to the walls of a prison ' with
( ut bail or mainprize.''
AVhat a mockery to - say to one restrained -
( f flis liberty, "frue,- if , the -.I udge 'or bi.urt.
ruder wiankt order you are in prison, acted,
vithout jurisdiction, you, are entitled to be
i. iseliarged, but the - but-then is- upon you to
. low that tliette' was no .jurisdictionsiii;ch in
:-, inwint2;•this we -will not permit you to go
t
-1 eyond - the 'record Made up by, the party
weiinst whom" you complain.'
.i
I),, , n s ri th e e
l c
return ietiti6 o n t e 't • l ‘ l ‘ e -‘) ..' i :s l - t r i it l , "c to l eg e ' s li t i l i b e lis it h it , l ; l e
I- 11 0 1 ref the facts set fiJrth in his petition, so
t ir'as' they . bear. upo,e she question of jpris-
ieti on, we are board, ; before the return, to
tist - 4unethat the facts are true as stated, and
taking them; the case is this:
... . , .
4411_11. Wheeler voluntarily brought iiito
n State of .Pennsylvania three persons of
1 olbr held by him, in the State of VirLeinia.
. s Slaves; with the intention of passing thee'
1
t iiS State. Whilst on ,board of a steamboat,
I ear Walnut street wharf, in the city of Phil
. dlphia, the-petitioner, Passniore William
. oil, informed the mother that she was free by
laws of Pennsylvania, whn, 'in the Inn
, tiag,e of the petition.: ' expressed her desire
o 'have her freedom, 'and finally, with her
hildren, left the hoist of .her own ~ free will
0 . 44 accord, and without con.reion or compul
kin of any kind, and having seen her in pos
. , 4sion of her liberty With her children, your
ietitioner (says the petition) returned to his
lace of business, and has never since seen
he-said Jane, Daniel. and Isaiah, or either of
hem, nor does he,know where they -are, nor.
a he.had any:cepnectioi of any kind with
he sulket.' . i i .. . .
One owning ; slaves in a slave- State . volun
ttiily brings thethrinto a free State, with the
mention of passing through the free State. =
Vhikt there, upon being told_ they are free,
he slaves leave their master.- Can a- J udge
el .the District' Court of the - United' . State
‘otripel' their res . toration through thesmedit
f: . a writ of 'ftu6eas corpus directed to the pi
ion by - whom they were inf irtne.d of the
rriiedom ? ' Ori in other words, is it a ei
4rising und.er. the Constitution. of the Unil
,
tfites? - '''• ; ,;'.• .. ' • -
CWhat article of section 'of the Constant
.
Isis any bearing upon the right of th-s, mast.
;(e.pass. throkigh a free State'. with his. 802' - or
;laves ? Or,i when has Congress ever attempt
?ti to I , 4,ishitc ! . upon this question t-Al. most
Mhesitatinily aver that neither in>' the - -(Am:
Xontion of the United -States nor. in:the acts
if Contlress.
'r ---. ' r
,I, icll. las any et eet uponthiS question what-
Her. It is a question to ye deehled •by the
it . W of the Stato Where the person i.. 4. for tile
i
time - being; - and that/ law must be decided:
by-the Judges 41 tho/Stafe, who Inive sworn
tri. support the Cot SiitittiOn -Of- the State as
well as of the United States—an oath which
b en
ilnever tak / by &Federal Judge. • . .-
, ,
- lUpon thit ue,tion ofjurisdietion it is whol
lai'immate al whether bY the laws of Penn
,
sy I vania, a ,laveholder haS.or has not the right
of lias ; ing througlt.pur Suite with his slates.
Iftlu , has the-right, it. is' not by . virtue of the.•
- '
(74u(stitution or laws of the UniteC'- States e but
q the law of the State ; - - and •if 110 suchright
e.ltits ' it is because -the. State hag forbidden
iti.or has, failed - to.reeogriize it. It ,is tor the
State alone to legislate upOn -this Subject, and
there is no poweron earth to call - . her to an'
tte.tiunt tbr her-acts of omission or conunis
ssn in this behalf. -
-
1 ,If this cave could; by: any. reasonable eon!
' st i 'ruetina; be brought within the terms .'Of the
third 'dense oldie second section of • Article
Four of the Constitution of the United States,,,
jurisdiction Might he claimed for" the Feder
al Courts; as_ then it - Writtld he 'a ease' arising
tinder the COnstitution of the United States, al
though I believe the writ of habeas chrpus is no
part of the machinery designed by. Umgresi
for the rendition of iligitives from labor. ,
' tio person (says the clause alive-tnention
.e4) held to, setwiee or labor in ono :State,_ tni
iler the laws-thereof, eseaping into another, ,
;hall, in consequence of any law or- re.gitla
'ion therein, bo . discharg ‘ id from such service'.
.1, - r labor, but shall be delivered. up. on- claim"„
.-3f the party to Whom
. sueb service - may, be - .
due..' -By reference ,to air debate',s
.ittl;.the;.
.Convention. it will be seen :that .oiis-: .04tims
1 has inserted at the requein , oldeiegates,fruntl
I the Seatherii States,-
end upon the. deehult.
I th . in that in . the. ithlnnice. en .etlstitotinuni
I iirovisio ,
n the right of reclamation - would not
1 - eiist nulees given' by the State authority . i,-
i
1-
Now, 4.0115 t, i ant
.., n r.
can there be • fb Id . a sentence
If it had .een. intended to co : vor-hh rVit.'
e':. i •
.
trensit',.w.ords.wmild have been use ,e ,. ,ttleffO. ,-..
in . such , intention...
...flappily,..'there.ie..l34"-_!.... •
such
. contrariety: in theeenstructien.*l44 ; .
been placed upon. tlis' Clause of the,COnstly . % . :
tit) * ti. No Judge has
~ m
ever seanifestly
. ts -,,::
- regarded its plain and unequival language
as to• hold that it applies : to, tr - elava`.vislti
.4a1:"7 ' •
riiy;hreught into a...free.Stafe. by. lifS . • mitstent 1 7. ' •
Upon the “intrary,there is abundant authority
that such a . .ettge is:not within . .either-the.let-• ,
-ter or the spirit of, the constitutional Iproills4 . _ •
ititi for. the
.rendition of fugitives from labor.'. - • .
Said Mr.. Justice. ' Washington, in.. ex - pares ..
Sin lII3OIISj 6W. C.C. Repicirts,,Z96:.:l 1. , :- , t.r . :r .. . , ; . -
`The .lave in this eaSehaving . been voitni, ~ •
-taril2„ , brought, by his master into, thiS
. Stetei' - -
I have no cognizance. of the case, so fir as[rce .
I speets this application, and. the,intistei . mnst:.
.abide by the lawS of theState„soifiar as they - .
O la y affect his right. It the man Claimed as;'
1 1 a slave be not entitled to his freedbm ..under '..
1 the laws of this .State, the :master must-pur; - _
I• . •
tn
sue such remedy_ fur his recovery the laws'
lof the State have: provided. for hi . .' 1 . ...":. _
1 • ,
i ... .I» Jones vs. Vanzandt, fithLHoward, Mr.' . -
justice Woodbury, uses languri„rreentrally ox.. •
Pres . sive :--`: But . the , power: ~ of national law, .
(said-that eminent jurist) to - pursue/and re-
gain . most kinds of property,. in -the limits of • ' .
a foreign governineut is rather anaetlof - eotri-: .
'ity , than strict right i .and henceg6..property
in persons might not thus belecognized in
some of the. States 0, the Union l and I its :Tee , -
- Ilamation not be 'allowed through either court --
esy or right, this clause:was undoetedly.--m..- -
I treduced into the Constitution as "one of its
'leo m pvun ises -fin. the safety of that :. pcir '
ItiOn of the Union which did permit such
property, and. which otherwise 'might - often'
be deprived. of it entirely by its merely erosS..
ing theline of
.an adjoining State.; this. m .
thought to be a harsh doctrine in. rtspeet*to' .
anyrtitle to property of a .• friendly: neighl»..»...
not brought nor 'placed in . linothee.State•uw"
~der State laws by the :owner• himself,-- but es."
caning: there against his consent; . and - often,_ .
forthwith pursued in order to be •reclaitned.' . -.
- Other authorities 'Might be quoted to the'
,same effect, butitis unnecessary; for if it, be ~
not clear that one voluntarily- brought 'into'. ii r
State is not. a fugitive,, no jediciid •ilanguagc!.
can- ever make' it So: Will we the», -for the' --.
. sake of, sustaining this jurisdietion;.prestime.
that these slaves' of Mr: - Wheeler, escaped' ;
from"-Virginia • into Pennsylvania, I-when no
such ellegation' was made in his - petition,-- i '
when it is expressly stated it i: the petition .Cif .- r
1
1 Mr: Williamson . 'verified - tiV his affirmation, .
that, they were brought here voluntrily be-
their roaster, and when this fiiet -is Ivirtually ~
conceded by, the Judge of the District Court I -
lin his opinion I Great it's ti my-respect: Air
I th e judicial authorities ''',o the Federal Gov-'
ernment, I e.annot consent - AO' stultify myself . •
1 in order to • sustail. their infintherized - Judg- - „,
i
nients ' and more'partieulatily ivhen,l , tulip. the . • '
case before us, it would be at expense et j
' the liberty of a 'citizen of this Commonwealth.
The only remaining ground upon which thiski- `.
risdietion can be claimed:l* that it - was-in a
I controversy . between - .citizens 'of 'different ..
I States, and ishall•disiniss this branch of the .
I ease simply, by - afiirrning—lst,' that the pro- ;
I . ceedina -by habeas corpus is in no legal . sense-, I
• t"
a controversy _between priVatc Parties ;
,and
`2d, if-it:were, ti . .) the Circuit Court. alone F.; /
giveit. 1h is jurisdiction.,. }or-.the chrrectnes , .
of the first petition,` I refer you to the' ophi-I /
ion of Mr.' Justiee Bradwin' in: Ilelmes/vs./.
Jennifer, published in the •appendixol4 -
-Peers, and to that of Judge Betts, f,.t e„Cir'- - .
cult CoUrt of New York, in BarryVirklifoz .
cein,er et. al., reported in.stlillowli'rdi.o3*--7- r
And- for the second, to - the 11th. Section 'of'
the -Judiciary Act, passed. on tho 24th of Sep
tember 1789. . . \ •
..: ,i+4 , view of the case had been' Corninitteil
•to writing before, Iliad seen. or-heard' the
opinion of the Majority/4,64i Cetii4 . Having .
heard it hastily re.addiutYinice,.l.inay mistake
its purport., but-if /do,tiot,; it phicesthe refits" .
-al. of the: .babe. corpus, mainly Upon. the •
(=round 'that tai, conviction ler."eontempt was: '
m
a separate pr needing, and *st a. as the Dis-' -
-._
iadjurisdiction to punish for Con
ies no power to review its deeis: .
it'appears from the record, tbit-
is in -custody • for ,_contempt, Ive -
;s to 'grant iiini ,relief.. I-- .., , . ... .:
•
ending the numerous , Cases,. - ..that '.
sustain the position,it.'appearSto
novel as it isdangerOuti.- Every . ..
.Ise in . this country haS, in some'
degree, power to _commit - for cotitenapt.- - ...--: .
Can it. be possible that:a citizen once oommit
tedfor, contempt ls - beyond . = the'...power .
i of the Court to punish summarily 44 . Suppose •
I that.the judgo•of the District _Court` ll should -
I . send. tb prison the editor-of a neW4aper . for..
-a cot4mpt.of his court in Commenting -.upon '
hiS dedision in this very 'ease.; wonid the pro- -i-,
..oner be beyond. the. reach oCour-wri . t.. of ha:;
Leas corpus Ii : - :lf•he would,. our: hodstcd 'se . ;
curie !Of periineal liberty is: in' :truth', an idle-
. boast, and our constitutional giutrantees and.
_writs of right are.e's ropes of sand.. But.:,iii
the natrie of, time law 1.-aver that ne!stielL.pow .
er exists wino any Court or .. i.l.udga State or
Federal, and if it,is attempted.. to be exercis-
..,,
ed, there aro - modes:of relief,. full'end,limplei '
for.the- exigeney of the oecasion.'-.1 -:-- - ".1,-. - - • .
I have not bad time or oppertunity_to'ek; •
amine all of the case.seititl,: lint,-, ti. 4 far as"A;_ .
have examined'- totem, - they de chin. this II.?
nothing more —that, . where a c', , ou rt of coiripe- . .
tent jurisdiction convicts ono 'of'conteinptian• .
other Court, without appellafe powler,Will not -
re-examine the case to • determine I'Whethei• ti- _
boatel - hp!, was really co:rut:tutted or skit. '; The
histbry of punishment for conteteppef Cour s '
and the legislative action theredn i bioth in eur.
State and Union, in•an tininistakeable niAnaer, .
teaches, first, the liability of this;,,proWer to bo
abused, -and.• second,- the prOmpnrs 'with'
'
wideli its unguarded usollas been -IcilloWed
by legi . slative'restrietion It is nolonger an,
'undefined, unlimitedpoWereflasear:clutinber.
character, to be. Ivied for the , :oppiession.- - of
the citizen at the nter4 caprice. of the Judge,
_or. Ourt,but it has its :boundrarlosiscrdistinet- _-.
iy defined. that there IS n 6 mistaking the -ox
teui -to which Ourstribunals -Of ItiWl'ma}r - go ill I
punishing-this.offence. . :f, . , •
..- 11,
.;
~.:-.,. : I
. ,I. -ill . the words of the act Of CONO . O I-4 ;cif - - 2 4 •
March ; • 1831 . ,. '-',..The, :power ...kr the' - ticrie.rtit
.4itirts..oftbe United States' to',
men tsf,and . In fl ict_ Ptlintiviry- punishment ~for.:.
- eoptertipt of 'court. shall riot : be.:Ottstrue4l,to',.
;extend to any case eXcept the miebehivioz.of .
,any "person- or. persous-in.:the praiiiiitutkof said .
courts,,or :go near thereto' as. t0 1 :0114, i 1 / 1 4:C ihei
441 L4inist rAtilrit) ~oljustle4,-. tbil!nl.14,010110rA,
anyorthe.ollicerg la their , ,Oftleial.l4olttetions;.
'and 440iSebecli Once IK,roiltstao4,4:ol/01-.-:
ficer - ofsaid. c'etfrtei•.-p. rty,:jurotciWite,oo, of
. . . - . .. .
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