Atrocious Judges Part 19

Confidence was entirely lost in the administration of justice in Westminster Hall, for all the three common law courts were at last filled by incompetent and corrupt judges. Pettifogging actions only were brought in them, and men settled their disputes by arbitration, or by taking the opinion of counsel. The reports during the whole reign of James II. hardly show a single question of importance settled by judicial decision. Thus, having no distinct means of appreciating Chief Justice Wright's demerits as a judge in private causes, we must at once follow him in his devious course as a political judge.

The first occasion on which, after his installation, he drew upon himself the eyes of the public was when he was sent down to Magdalene College, Oxford, for the purpose of turning it into a Popish seminary. Upon a vacancy in the office of president, the fellows, in the exercise of their undoubted right, had elected the celebrated Dr. Hough, who had been duly admitted into the office; and the preliminary step to be taken was to annul the election, for the purpose of making way for another candidate, named by the king. There were a.s.sociated with Wright, in this commission, Cartwright, Bishop of Chester, who was ready to be reconciled to Rome in the hope of higher preferment, and Sir Thomas Jenner, a baron of the Exchequer, a zealous follower in the footsteps of the chief justice of the King's Bench. Nothing could equal the infamy of their object except the insolence of their behavior in trying to accomplish it. They entered Oxford escorted by three troops of cavalry with drawn swords, and, having taken their seats with great parade in the hall of the college, summoned the fellows to attend them. These reverend and gallant divines appeared, headed by their new president, who defended his rights with skill, temper and resolution; steadily maintaining that, by the laws of England, he had a freehold in his office, and in the house and revenues annexed to it.

Being asked whether he submitted to this royal visitation, he answered:--

"My lords, I do declare here, in the name of myself and the fellows, that we submit to the visitation as far as it is consistent with the laws of the land and the statutes of the college, and no further." _Wright, C.

J._--"You cannot imagine that we act contrary to the laws of the land; and as to the statutes, the king has dispensed with them. Do you think we come here to break the laws?" _Hough._--"It does not become me, my lords, to say so; but I will be plain with your lordships. I find that your commission gives you authority to alter the statutes. Now, I have sworn to uphold and obey them; I must admit no alteration of them, and by the grace of G.o.d never will." He was asked whether one of the statutes of the founder did not require ma.s.s to be said in the college chapel; but he answered, "not only was it unlawful, but it had been repealed by the act of Parliament requiring the use of the Book of Common Prayer." However, sentence was given that the election of Hough was void, and that he be deprived of his office of president. _Hough._--"I do hereby protest against all your proceedings, all you have done, or shall hereafter do, in prejudice of me and my right, and I appeal to my sovereign lord the king in his courts of justice." "Upon which (says a contemporary account) the strangers and young scholars in the hall gave a _hum_, which so much incensed their lordships that the lord chief justice was not to be pacified, but, charging it upon the president, bound him in a bond of one thousand pounds, and security to the like value, to make his appearance at the King's Bench bar on the 12th of November; and, taking occasion to pun upon the president's name, said to him, "Sir, you must not think to _huff_ us." He then ordered the door of the president's house to be broken open by a blacksmith; and a fellow observing, "I am informed that the proper officer to gain possession of a freehold is the sheriff with a _posse comitatus_," Wright said, "I pray who is the best lawyer, you or I? Your Oxford law is no better than your Oxford divinity. If you have a mind to a _posse comitatus_, you may have one soon enough."

Having ejected Hough, he issued a mandate for expelling all the contumacious fellows, and insured the expulsion of James from his throne, when the commissioners returned in triumph to London.

Wright was likewise a member of the Ecclesiastical Court of High Commission, of which Jeffreys was president, and he strenuously joined in all the judgments of that illegal and arbitrary tribunal, which, with a _non obstante_, had been revived in the very teeth of an existing act of Parliament. He treated with ridicule the scruples of Sancroft, the Archbishop of Canterbury, and others who refused to sit upon it, and he urged the infliction of severe punishment on all who denied its jurisdiction.

Although he was not a member of the Cabinet, he usually heard from the chancellor the measures which had been resolved upon there, and he was ever a willing tool in carrying them into effect.

When the clergy were insulted, and the whole country was thrown into a flame, by the fatal order in Council for reading the "Declaration of Indulgence" in all churches and chapels on two successive Sundays, he contrived an opportunity of declaring from the bench his opinion that it was legal and obligatory. Hearing that the London clergy were almost unanimously resolved to disobey it, he sent a peremptory command to the priest who officiated in the chapel of Serjeants' Inn to read the declaration with a loud voice; and on the famous Sunday, the 20th of May, 1688, he attended in person, to give weight to the solemnity. However, he was greatly disappointed and enraged to find the service concluded without any thing being uttered beyond what the rubric prescribes. He then indecently, in the hearing of the congregation, abused the priest as disloyal, seditious, and irreligious, for contemning the authority of the head of the church. The clerk ingeniously came forth to the rescue of his superior, and took all the blame upon himself by saying that "he had forgot to bring a copy," and the chief justice, knowing that he had no remedy, was forced to content himself with this excuse.[153]

The seven bishops being committed to the Tower, and prosecuted for a conspiracy to defame the king and to overturn his authority, because they had presented a pet.i.tion to him praying that they might not be forced to violate their consciences and to break the law, Wright, the lowest wretch that had ever appeared on the bench in England, was to preside at the most important state trial recorded in our annals. The reliance placed upon his abject subserviency no doubt operated strongly in betraying the government into this insane project of treating as common malefactors the venerable fathers of the Protestant church, now regarded by the whole nation with affectionate reverence. The consideration was entirely overlooked by the courtiers, that, from the notorious baseness of his character, his excessive zeal might be revolting to the jury, and might produce an acquittal. It is supposed that a discreet friend of the government had given him a caution to bridle his impetuosity against the accused, as the surest way of succeeding against them; for, during the whole proceeding, he was less arrogant than could have been expected, and it is much more probable that his forbearance arose from obedience to those whom he wished to please, than from any reverence for the sacred character of the defendants or any lurking respect for the interests of justice.

They were twice placed at the bar before him--first when they were brought up by the lieutenant of the Tower to be arraigned, and afterwards when a jury was empannelled for their trial. On the former occasion the questions were whether they were lawfully in custody, and were then bound to plead.

The chief justice checked the opposing counsel with an air of impartiality, saying, "Look you, gentlemen, do not fall upon one another, but keep to the matter in hand." And, before deciding for the crown, he said, "I confess it is a case of great weight, and the persons concerned are of great honor and value. I would be as willing as any body to testify my respects and regards to my lords the bishops, if I could see any thing in their objections worth considering. For here is the question, whether the fact charged in the warrant of commitment be such a misdemeanor as is a breach of the peace. I cannot but think it is such a misdemeanor as would have required sureties of the peace, and if sureties were not given, a commitment might follow." He was guilty of gross injustice in refusing leave to put in a plea in abatement; but he thus mildly gave judgment: "We have inquired whether we may reject a plea, and, truly, I am satisfied that we may if the plea is frivolous; and this plea containing no more than has been overruled already, my lords the bishops must now plead guilty or not guilty."

When the trial actually came on, he betrayed a partiality for which, in our times, a judge would be impeached; but, compared with himself, so decorous was he, that he was supposed to be overawed by the august audience in whose presence he sat. It was observed that he often cast a side glance towards the thick rows of earls and barons by whom he was watched, and who, in the next Parliament, might be his judges. One bystander remarked that "he looked as if all the peers present had halters in their pockets."

The counsel for the crown having, in the first instance, failed to prove a publication of the supposed libel in the county of Middles.e.x, and only called upon the court to suppose or presume it, the chief justice said: "I cannot suppose it; I cannot presume any thing. I will ask my brothers their opinion, but I must deal truly with you; I think there is not evidence against my lords the bishops. It would be a strange thing if we should go and presume that these lords did it when there is no sort of evidence to prove that they did it. We must proceed according to forms and methods of law. People may think what they will of me, but I always declare my mind according to my conscience." He was actually directing the jury to acquit, and the verdict of not guilty would have been instantly p.r.o.nounced, when Finch, one of the counsel for the bishops, most indiscreetly said they had evidence on their side to produce. The young gentleman was pulled down by his leaders, who desired the chief justice to proceed. And now his lordship showed the cloven foot, for he exclaimed, "No, no, I will hear Mr. Finch. Go on; my lords the bishops shall not say of me that I would not hear their counsel. I have been already told of being counsel against them, and they shall never say I would not hear counsel for them. Such a learned man as Mr. Finch must have something material to offer. He shall not be refused to be heard by me, I a.s.sure you. Why don't you go on, Mr. Finch?"

At this critical moment it was announced that the Earl of Sunderland, the president of the council,--who was present in the royal closet when the bishops presented their pet.i.tion to the king at Whitehall,--was at hand, and would prove a publication in Middles.e.x. The chief justice then said, with affected calmness, but with real exultation, "Well, you see what comes of the interruption. I cannot help it; it is your own fault." There being a pause while they waited for the arrival of the Earl of Sunderland, the chief justice, addressing Sir Bartholomew Shower, one of the counsel for the crown, whom he had stopped at an early stage of the trial, and against whom he had some private spite, observed with great insolence, "Sir Bartholomew, now we have time to hear your speech, if you will. Let us have it."

At last the witness arrived, and, proving clearly a publication in Middles.e.x, the case was again launched, and, after hearing counsel on the merits, it was to be left to the determination of the jury.

The chief justice, thinking to carry it all his own way, was terribly baffled, not only by the sympathy of the audience with the bishops, which evidently made an impression on the jury, but by the unexpected honesty of one of his brother judges, Mr. Justice John Powell, who had been a quiet man, unconnected with politics, and, being a profound lawyer, had been appointed to keep the Court of King's Bench from falling into universal contempt. Sir Robert Sawyer beginning to comment upon a part of the declaration which the bishops objected to, "that from henceforth the execution of all laws against nonconformity to the religion established, or the exercise of any other religion, should be suspended," _Wright, C.

J._, exclaimed, "I must not suffer this; they intend to dispute the king's power of suspending laws." _Powell, J._--"My lord, they must necessarily fall upon the point; for, if the king hath no such power, (as clearly he hath not, in my judgment,) the natural consequence will be that this pet.i.tion is no diminution of the king's regal power, and so not seditious or libellous." _Wright, C. J._--"Brother, I know you are full of that doctrine; but, however, my lords the bishops shall have no occasion to say that I deny to hear their counsel. Brother, you shall have your will for once; I will hear them; let them talk till they are weary." _Powell, J._--"I desire no greater liberty to be granted them than what, in justice, the court ought to grant; that is, to hear them in defence of their clients."

As the speeches for the defendants proceeded, and were producing a great effect upon all who heard them, the solicitor general made a very irregular remark, accompanied by a fict.i.tious yawn--"We shall be here till midnight." The chief justice, instead of reprimanding him, chimed in with the impertinence, saying, "They have no mind to have an end of the cause, for they have kept it up three hours longer than they need to have done." _Serjeant Pemberton._--"My lord, this case does require a great deal of patience." _Wright, C. J._--"It does so, brother, and the court has had a great deal of patience; but we must not sit here only to hear speeches." In trying to put down another counsel, who was making way with the jury, he observed, "If you say anything more, pray let me advise you one thing--don't say the same thing over and over again; for, after so much time spent, it is irksome to all company, as well as to me."

When it came to the reply of Williams, the renegade solicitor general, who in his day had been "a Whig and something more," he laid down doctrines which called forth the reprobation of Judge Powell, and even shocked the chief justice himself, for he denied that any pet.i.tion could lawfully be presented to the king except by the lords and commons in Parliament a.s.sembled. _Powell, J._--"This is strange doctrine. Shall not the subject have liberty to pet.i.tion the king but in Parliament? If that be law, the subject is in a miserable case." _Wright, C. J._--"Brother, let him go on; we will hear him out, though I approve not of his position." The unabashed Williams continued, "The lords may address the king in Parliament, and the commons may do it; but therefore that the bishops may do it out of Parliament, does not follow. I'll tell you what they should have done: if they were commanded to do anything against their consciences, they should have acquiesced till the meeting of the Parliament."[154] (Here, says the reporter, the people in court hissed.) _Attorney General._--"This is very fine indeed: I hope the court and the jury will take notice of this carriage." _Wright, C. J._--"Mr. Solicitor, I am of opinion that the bishops might pet.i.tion the king; but this is not the right way. If they may pet.i.tion, yet they ought to have done it after another manner; for if they may, in this reflective way, pet.i.tion the king, I am sure it will make the government very precarious." _Powell, J._--"Mr. Solicitor, it would have been too late to stay for a Parliament, for the act they conceived to be illegal was to be done forthwith; and if they had pet.i.tioned and not shown the reason why they could not obey, it would have have been looked upon as a piece of sullenness, and for that they would have been as much blamed on the other side."

The chief justice, to put on a semblance of impartiality, attempted to stop Sir Bartholomew Shower, who wished to follow in support of the prosecution, and, being a very absurd man, was likely to do more harm than good. _Wright, C. J._--"I hope we shall have done by and by." _Sir B.

S._--"If your lordship don't think fit, I can sit down." _Wright, C.

J._--"No! no! Go on, Sir Bartholomew--you'll say I have spoiled a good speech." _Sir B. S._--"I have no good speech to make, my lord; I have but a very few words to say." _Wright, C. J._--"Well, go on, sir; go on."

In summing up to the jury, the chief justice said:--

"This is a case of very great concern to the king and the government on the one side, and to my lords the bishops on the other. It is an information against his grace my lord of Canterbury and the other six n.o.ble lords, for composing and publishing a seditious libel. At first we were all of opinion that there was no sufficient evidence of publication in the county of Middles.e.x, and I was going to have directed you to find my lords the bishops not guilty; but it happened that, being interrupted in my direction by an honest, worthy, learned gentleman, the king's counsel took the advantage, and, informing the court that they had further evidence, we waited till the lord president came, who told us how the pet.i.tion was presented by the right reverend defendants to the king at Whitehall. Then came their learned counsel and told us that my lords the bishops are guardians of the church, and great peers of the realm, and were bound in conscience to act as they did. Various precedents have been vouched to show that the kings of England have not the power a.s.sumed by his present majesty in issuing the declaration and ordering it to be read; but concessions which kings sometimes make, for the good of the people, must not be made law; for this is reserved in the king's breast to do what he pleases in it at any time. The truth of it is, the dispensing power is out of the case, and I will not take upon me to give any opinion upon it now; for it is not before me. The only question for you is a question of fact, whether you are satisfied that this pet.i.tion was presented to the king at Whitehall. If you disbelieve the lord president, you will at once acquit the defendants. If you give credit to his testimony, the next consideration is, whether the pet.i.tion be a seditious libel, and this is a question of law on which I must direct you. Now, gentlemen, anything that shall disturb the government, or make mischief and a stir among the people, is certainly within the case '_de libellis famosis_;' and I must, in short, give you my opinion--I do take it to be a libel. But this being a point of law, if my brothers have anything to say to it, I suppose they will deliver their opinions."

Mr. Justice Holloway, though a devoted friend of the government, had in his breast some feeling of shame, and observed,--

"If you are satisfied there was an ill intention of sedition or the like, you should find my lords the bishops guilty; but if they only delivered a pet.i.tion to save themselves harmless, and to free themselves from blame, by showing the reason of their disobedience to the king's command, which they apprehend to be a grievance to them, I cannot think it a libel."

_Wright, C. J._--"Look you, by the way, brother, I did not ask you to sum up the evidence, (for that is not usual,) but only to deliver your opinion whether it be a libel or no." _Powell, J._--"Truly, I cannot see, for my part, anything of sedition or any other crime fixed upon these reverend fathers. For, gentlemen, to make it a libel, it must be false, it must be malicious, and it must tend to sedition. As to the falsehood, I see nothing that is offered by the king's counsel, nor anything as to the malice; it was presented with all the humility and decency becoming subjects when they approach their prince. In the pet.i.tion, they say, because they conceive the thing that was commanded them to be against the law of the land, therefore they do desire his majesty that he would be pleased to forbear to insist upon it. If there be no such dispensing power, there can be no libel in the pet.i.tion which represented the declaration founded on such a pretended power to be illegal. Now, gentlemen, this is a dispensation with a witness; it amounts to an abrogation and utter repeal of all the laws; for I can see no difference, nor know of any in law, between the king's power to dispense with laws ecclesiastical, and his power to dispense with any other laws whatsoever.

If this be once allowed of, there will need no Parliament: all the legislature will be in the king--which is a thing worth considering--and I leave the issue to G.o.d and your own consciences."

Allybone, however, on whom James mainly relied, foolishly forgetting the scandal which would necessarily arise from the Protestant prelates being condemned by a Popish judge for trying to save their church from Popery, came up to the mark, and, in the sentiments he uttered, must have equalled all the expectations entertained of him by his master:--

"In the first place," said he, "no man can take upon him to write against the actual exercise of the government, unless he have leave from the government. If he does, he makes a libel, be what he writes true or false; if we once come to impeach the government by way of argument, it is argument that makes government or no government. So I lay down, that the government ought not to be impeached by argument, nor the exercise of the government shaken by argument. Am I to be allowed to discredit the King's ministers because I can manage a proposition, in itself doubtful, with a better pen than another man? This I say is a libel. My next position is, that no private man can take upon him to write concerning the government at all; for what has any private man to do with the government? It is the business of the government to manage matters relating to the government; it is the business of subjects to mind only their private affairs. If the government does come to shake my particular interest, the law is open for me, and I may redress myself; but when I intrude myself into matters which do not concern my particular interest, I am a libeller. And, truly, the attack is the worse if under a specious pretence; for, by that rule, every man that can put on a good vizard may be as mischievous as he will, so that whether it be in the form of a supplication, or an address, or a pet.i.tion, let us call it by its true denomination, it is a libel." He then examined the precedents which had been cited, displaying the grossest ignorance of the history as well as const.i.tution of the country; and, after he had been sadly exposed by Mr. Justice Powell, he thus concluded: "I will not further debate the prerogatives of the crown or the privileges of the subject; but I am clearly of opinion that these venerable bishops did meddle with that which did not belong to them; they took upon themselves to contradict the actual exercise of the government, which I think no particular persons may do."

The chief justice, without expressing any dissent, merely said, "Gentlemen of the jury, have you a mind to drink before you go?" So wine was sent for, and they had a gla.s.s apiece; after which they were marched off in custody of a bailiff; who was sworn not to let them have meat or drink, fire or candle, until they were agreed upon their verdict.

All that night they were shut up, Mr. Arnold, the king's brewer, standing out for a conviction till six next morning, when, being dreadfully exhausted, he was thus addressed by a brother juryman: "Look at me; I am the largest and the strongest of the twelve, and, before I find such a pet.i.tion as this a libel, here I will stay till I am no bigger than a tobacco-pipe."

The court sat again at ten, when the verdict of not guilty was p.r.o.nounced, and a shout of joy was raised which was soon reverberated from the remotest parts of the kingdom. One gentleman, a barrister of Gray's Inn, was immediately taken into custody in court, by order of the lord chief justice, who, with an extraordinary command of temper and countenance, said to him in a calm voice,--"I am as glad as you can be that my lords the bishops are acquitted, but your manner of rejoicing here in court is indecent; you might rejoice in your chamber or elsewhere, and not here.

Have you any thing more to say to my lords the bishops, Mr. Attorney?" _A.

G._--"No, my lord." _Wright, C. J._--"Then they may withdraw,"--and they walked off; surrounded by countless thousands, who eagerly knelt down to receive their blessing.[155]

Justice Holloway was forthwith cashiered, as well as Justice Powell; and there were serious intentions that Chief Justice Wright should share their fate, as the king ascribed the unhappy result of the trial to his pusillanimity--contrasting him with Jeffreys, who never had been known to miss his quarry. This esteemed functionary held the still more important office of lord high chancellor, and, compared with any other compet.i.tor, Wright, notwithstanding his occasional slight lapses into conscientiousness, appeared superior in servility to all who could be subst.i.tuted for him.[156] Allybone was declared to be "the man to go through thick and thin;" but, unfortunately, he had made himself quite ridiculous in all men's eyes by the palpable blunders he had recklessly fallen into during the late trial; and he felt so keenly the disgrace he had brought on himself and his religion, that he took to his bed and died a few weeks afterwards.

Thus, when William of Orange landed at Torbay, Wright still filled the office of chief justice of the King's Bench. He continued to sit daily in court till the flight of King James, when an interregnum ensued, during which all judicial business was suspended, although the public tranquillity was preserved, and the settlement of the nation was conducted by a provisional government. After Jeffreys had tried to make his escape, disguised as a sailor, and was nearly torn to pieces by the mob, Wright concealed himself in the house of a friend, and being less formidable and less obnoxious (for he was called the "_jackal_ to the _lion_,") he remained some time unmolested; but upon information, probably ill-founded, that he was conspiring with Papists who wished to bring back the king, a warrant was granted against him by the Privy Council, on the vague charge of "endeavoring to subvert the government." Under this he was apprehended, and carried to the Tower of London; but after he had been examined there by a committee of the House of Commons, it was thought that this custody was too honorable for him, and he was ordered to be transferred to Newgate. Here, from the perturbation of mind which he suffered, he was seized with a fever, and he died miserably a few days after, being deafened by the cheers which were uttered when the Prince and Princess of Orange were declared King and Queen of England.

His pecuniary embarra.s.sments had continued even after he became a judge, and, still living extravagantly, his means were insufficient to supply him with common comforts in his last hours, or with a decent burial. His end holds out an awful lesson against early licentiousness and political profligacy. He was almost constantly fighting against privation and misery, and during the short time that he seemed in the enjoyment of splendor he was despised by all good men, and he must have been odious to himself. When he died, his body was thrown into a pit with common malefactors; his sufferings, when related, excited no compa.s.sion; and his name was execrated as long as it was recollected.

It is lucky for the memory of Wright that he had contemporaries such as Jeffreys and Scroggs, who considerably exceeded him in their atrocities.

Had he run the same career in an age not more than ordinarily wicked, his name might have pa.s.sed into a by-word, denoting all that is odious and detestable in a judge; whereas his misdeeds have long been little known, except to lawyers and antiquaries.

It is a painful duty for me to draw them from their dread abode; but let me hope that, by exposing them in their deformity, I may be of some service to the public. Ever since the reaction which followed the pa.s.sing of the reform bill, there has been a strong tendency to mitigate the errors and to lament the fate of James II. This has shown itself most alarmingly among the rising generation; and there seems reason to dread that we may soon be under legislators and ministers who, believing in the divine right of kings, will not only applaud, but act upon, the principles of arbitrary government. Some good may arise from showing in detail the practical results of such principles in the due administration of justice--the chief object, it has been said, for which man renounces his natural rights, and submits to the restraints of magisterial rule.[157]

APPENDIX.

No. I.

_The case of Pa.s.smore Williamson, as stated by himself in his pet.i.tion for a habeas corpus, to the Supreme Court of Pennsylvania._

_To the Honorable the Judges of the Supreme Court of Pennsylvania:_

The pet.i.tion of Pa.s.smore Williamson respectfully sheweth: That your pet.i.tioner is a citizen of Pennsylvania, and a resident of Philadelphia; that he is a member of "The Pennsylvania Society for promoting the abolition of Slavery, and for the relief of free negroes unlawfully held in bondage, and for improving the condition of the African race,"

incorporated by act of a.s.sembly pa.s.sed the 8th day of December, A. D.

1789, of which Dr. Benjamin Franklin was the first president, and that he is secretary of the acting committee of said society.

That on Wednesday, the 18th day of July last past, your pet.i.tioner was informed that certain negroes, held as slaves, were then at Bloodgood's hotel, in the city of Philadelphia, having been brought by their master into the state of Pennsylvania, with the intention of pa.s.sing through to other parts. Believing that the persons thus held as slaves were ent.i.tled to their freedom by reason of their having been so brought by their master voluntarily into the state of Pennsylvania, the pet.i.tioner, in the fulfilment of the official duty imposed upon him by the practice and regulations of the said society, went to Bloodgood's hotel for the purpose of apprizing the alleged slaves that they were free, and finding that they with their master had left said hotel, and gone on board the steamboat of the New York line, then lying near Walnut Street wharf, your pet.i.tioner went on board the same, found the party, consisting of a woman named Jane, about thirty-five years of age, and her two sons, Daniel, aged about twelve, and Isaiah, aged about seven, and, in presence of the master, informed the said Jane that she was free by the laws of Pennsylvania; upon which she expressed her desire to have her freedom, and finally, with her children, left the boat of her own free will and accord, and without any coercion or compulsion of any kind; and having seen her in possession of her liberty, with her children, your pet.i.tioner returned to his place of business, and has never since seen the said Jane, Daniel and Isaiah, or either of them; nor does he know where they are, nor has he had any connection of any kind with the subject.

Your pet.i.tioner used no violence whatever, except simply holding back Colonel Wheeler, their former master, when he attempted by force to prevent the said Jane from leaving the boat. Some half dozen negroes, employed, as your pet.i.tioner is informed, as porters and otherwise, at the wharf and in the immediate neighborhood, of their own accord and without any invitation of the pet.i.tioner, but probably observing or understanding the state of affairs, followed the pet.i.tioner when he went on board the boat. An allegation has been made that they were guilty of violence and disorder in the transaction. Your pet.i.tioner observed no acts of violence committed by them, nor any other disorder than the natural expression of some feeling at the attempt of Colonel Wheeler to detain the woman by force; that there was not any violence or disorder amounting to a breach of the peace is also fairly to be inferred from the fact that two police officers were present, who were subsequently examined as witnesses, and stated that they did not see anything requiring or justifying their interference to preserve the peace. And your pet.i.tioner desires to state explicitly that he had no preconcert or connection of any kind with them or with their conduct, and considers that he is in no way responsible therefor. Your pet.i.tioner gave to Colonel Wheeler, at the time, his name and address, with the a.s.surance that he would be responsible if he had injured any right which he had; fully believing at the time, as he does still believe, that he had committed no injury whatever to any right of Colonel Wheeler.

On the night of the same day your pet.i.tioner was obliged to leave the city to attend an election of the Atlantic and Ohio Telegraph Company, at Harrisburg, and returned to Philadelphia on Friday, the 20th of July, between one and two o'clock, A. M. Upon his return, an _alias_ writ of _habeas corpus_ was handed to him, issued from the district court of the United States for the eastern district of Pennsylvania, upon the pet.i.tion of the said John H. Wheeler, commanding him that the bodies of the said Jane, Daniel and Isaiah he should have before the Hon. John K. Kane, judge of the said district court, forthwith. To the said writ your pet.i.tioner the same day, viz., the 20th day of July last past, made return, that the said Jane, Daniel and Isaiah, or by whatever name they may be called, nor either of them, were not then, nor at the time of issuing said writ, or the original writ, or at any other time, in the custody, power, or possession of, nor confined nor restrained of their liberty, by your pet.i.tioner; therefore he could not have the bodies of the said Jane, Daniel and Isaiah before the said judge, as by the said writ he was commanded.

Whereupon and afterwards, to wit: on the 27th day of July aforesaid, it was ordered and adjudged by the court that your pet.i.tioner be committed to the custody of the marshal, without bail or mainprize, as for a contempt in refusing to make return to a writ of _habeas corpus_ theretofore issued against him at the instance of Mr. John H. Wheeler; all which appears by the record and proceedings in the said case, which your pet.i.tioner begs leave to produce, and a copy of an exemplification of which is annexed to this pet.i.tion. Thereupon, on the same day, a warrant was issued, commanding that the marshal of the United States, in and for the eastern district of Pennsylvania, forthwith take into custody the body of your pet.i.tioner, for a contempt of the honorable the judge of the said district court, in refusing to answer to the said writ of _habeas corpus_, theretofore awarded against him, the said pet.i.tioner, at the relation of Mr. John H. Wheeler, a copy of which is hereto annexed, and also a warrant, by and from the marshal of the United States, to the keeper of the Moyamensing prison, a copy of which is also hereto annexed; under which warrants your pet.i.tioner was committed to the said prison, and is now there detained, without bail or mainprize.

Notwithstanding the record is silent on the subject, your pet.i.tioner thinks it proper to state that, on the return of the writ of _habeas corpus_, the judge allowed the relator to traverse the said return by parol, under which permission the relator gave his own testimony, in which he stated that he held the said Jane, Daniel and Isaiah as slaves, under the law of Virginia, and had voluntarily brought them with him by railroad from the city of Baltimore to the city of Philadelphia, where he had been accidentally detained at Bloodgood's hotel about three hours; and certain other witnesses were examined. From the testimony thus given, though not at all warranted by it or by the facts, the said judge decided that your pet.i.tioner had been concerned in a forcible abduction of the said Jane, Daniel and Isaiah, against their will and consent, upon the deck of the said steamboat, but admitted that your pet.i.tioner took no personally active part in such supposed abduction after he had left the deck.

The hearing took place on the morning of Friday, the 20th of July, at ten o'clock, your pet.i.tioner having had the first knowledge of the existence of any writ of _habeas corpus_ between one and two o'clock on the same morning. Under these circ.u.mstances, before the said testimony was gone into and afterwards, the counsel of your pet.i.tioner asked for time, until the next morning, for consultation and preparation for the argument of the questions which might arise in the case, which applications were refused by the court, and the hearing went on, and closed on the same morning between twelve and one o'clock.