LETTER TO PASSMORE WILLIAMSON, IN MOYAMENSING PRISON, AUGUST 11, 1855.

Mr. Sumner occupied several weeks of this summer in a tour to

the West, ascending the Mississippi to St. Paul, and then,

from Detroit, visiting Lake Superior. While on board a steamer

in Lake Superior, he learned by the newspapers that Passmore

Williamson, an excellent citizen of Philadelphia, had been

flung into prison for the offence of reminding a person claimed

as slave, that, being brought to Philadelphia voluntarily by

her pretended master, she was free, according to well-known

principles of jurisprudence. The indignation of Mr. Sumner

found expression in the following letter, which he addressed to

the new victim of Slavery.

This remarkable case will be found in a volume published at

Philadelphia, in 1856, with the following title: “Case of

Passmore Williamson. Report of the Proceedings on the Writ of

Habeas Corpus issued by the Hon. John K. Kane, Judge of the

District Court of the United States for the Eastern District

of Pennsylvania, in the Case of the United States of America

_ex rel._ John H. Wheeler _vs._ Passmore Williamson, including

the several Opinions delivered, and the Arguments of Counsel,

reported by Arthur Cannon, Esq., Phonographer.” From this it

appears that John H. Wheeler, of Virginia, in a petition to

Hon. John K. Kane, Judge of the District Court of the United

States for the Eastern District of Pennsylvania, dated July 18,

1855, sets forth, that he is “the owner of three persons held

to service or labor by the laws of the State of Virginia, said

persons being respectively named Jane, aged about thirty-five

years, Daniel, aged about twelve years, and Isaiah, aged about

seven years, persons of color, and that they are detained from

the possession of your petitioner by one Passmore Williamson,

resident of the city of Philadelphia, and that they are not

detained for any criminal or supposed criminal matter,” and

asks a writ of _Habeas Corpus_ commanding Mr. Williamson to

bring before the Judge the bodies of the said Jane, Daniel, and

Isaiah. The writ was at once allowed, and the next day followed

by another, to which Mr. Williamson made return, that “the

within named Jane, Daniel, and Isaiah, or by whatsoever names

they may be called, nor either of them, are not now, nor was at

the time of the issuing of said writ or the original writ, or

at any other time, in the custody, power, or possession of, nor

confined nor restrained their liberty by him, the said Passmore

Williamson. Therefore he cannot have the bodies of the said

Jane, Daniel, and Isaiah, or either of them, before your Honor,

as by the said writ he is commanded.”

In the course of the proceedings, Mr. Williamson, who was

Secretary to the Acting Committee of the Pennsylvania Abolition

Society, testified as follows.

“I was informed that three slaves were at Bloodgood’s

Hotel, who wished to assert their right to freedom; I went

to the hotel, and saw a yellow boy on the steps fronting on

Walnut Street; I made inquiry of him, and he stated that

such was the case, but referred me up stairs to one of the

waiters for further information; the latter informed me

that the slaves, with their master, had just gone on board

the steamboat at the end of Walnut Street wharf, for the

purpose of going to New York in the five o’clock line. I

went on board the boat, looked through the cabin, and then

went up on the promenade deck; I saw that man” (_pointing

to Mr. Wheeler_) “sitting sideways on the bench on the

farther side; Jane was sitting next to and three or four

feet from him; the two children were sitting close to her.

I approached her and said, ‘You are the person I am looking

for, I presume’; Wheeler turned towards me and asked what I

wanted with him; I replied, Nothing, that my business was

entirely with this woman; he said, ‘She is my slave, and

anything you have to say to her you can say to me.’ _I then

said to her, ‘You may have been his slave, but you are now

free; he brought you here into Pennsylvania, and you are

now as free as either of us; you cannot be compelled to go

with him, unless you choose; if you wish your liberty, all

you have to do is to walk ashore with your children.’_ Some

five minutes were consumed in conversation with Wheeler,

Jane, and a stranger, when the bell rang, and I told her,

if she wished to be free, she would have to act at once, as

the boat was about starting. She took one of her children

by the hand and attempted to rise from her seat; Wheeler

placed his hands upon her shoulders and prevented her; I

then, for the first time, took hold of her arm and assisted

her to rise; the colored people who had collected around

us seized hold of the two children, and the whole party

commenced a movement towards the head of the stairs leading

to the lower deck, Mr. Wheeler having at the start clinched

Jane, and during the progress repeatedly and earnestly

entreated her to say she wished to stay with him; at the

head of the stairway I took Wheeler by the collar and held

him to one side. The whole company passed down and left

the boat, proceeding peacefully and quietly to Dock and

Front Streets, where Jane and her children, with some of

her friends, entered a carriage and were driven down Front

Street; I returned to my office. _After the colored people

left Dock Street in the carriage, I saw no more of them,

have had no control of them, and do not know where they

are. My whole connection with the affair was this._”

At the conclusion of Mr. Williamson’s cross-examination, he

declared to the Court “that in the proceedings he had not

designed to do violence to any law, but supposed that he had

acted throughout in accordance with the law, and the legal

rights of the respective parties.”

On his return to the writ of _Habeas Corpus_, Mr. Williamson

was held to bail in the sum of $5,000 for perjury, and

subsequently committed, without bail, for contempt,--the

alleged contempt being the declaration that the parties were

never in his custody. In the course of the hearing, the Judge

remarked that “the conduct of those who interfered with Mr.

Wheeler’s rights was a criminal, wanton, and cruel outrage.”

His final decree, July 27, 1855, was as follows: “Let Mr.

Williamson, the respondent, be committed to the custody of the

marshal without bail or mainprise, as for a contempt of the

Court in refusing to answer to the writ of _Habeas Corpus_,

heretofore awarded against him at the relation of Mr. Wheeler.”

On the motion looking to a committal for perjury the Judge

“withheld an expression of opinion,” observing, that, “Mr.

Williamson being under arrest, he may be charged at any time by

the grand jury.”

The respondent attempted to regain his freedom by an

application to the Supreme Court of Pennsylvania. After solemn

hearing, the application was refused, the Hon. J. S. Black,

afterwards a member of President Buchanan’s cabinet, giving

the opinion of the Court. The State Court was in obvious

sympathy with the National Court, and both were sympathetic

with Slavery. Meanwhile Mr. Williamson continued a prisoner,

until, at last, November 3, 1855, his case was again presented

to the Judge who committed him, when, in reply to formal

interrogatories, he declared: “I did not seek to obey the writ

by producing the persons therein mentioned before the Court,

because I had not, at the time of the service of the writ, the

power over, the custody, or control of them, and therefore it

was impossible for me to do so.… I sought to obey the writ by

answering it truly; the parties not being in my possession or

control, it was impossible for me to obey the writ by producing

them.” The Judge announced the contempt purged and the party

released from custody.

While the immediate object of this proceeding was to compel

Mr. Williamson to produce the bodies of Jane, Daniel, and

Isaiah, claimed as slaves in Philadelphia by a person who had

voluntarily brought them there, it is impossible to explain

the action of the Judge except by his desire to establish

the protection of the National Government over slave-masters

travelling with their slaves in Free States. The claimant, at

the discharge of Mr. Williamson, stated by his counsel that he

“sought an adjudication, by the highest judicial tribunal of

the country, of the questions, whether Mr. Wheeler was entitled

to pass over the soil of Pennsylvania with his property? and

whether or not a wrong had been committed in the forcible

abduction thereof?”[24]

Mr. Williamson was in the Moyamensing Prison from July 27th to

November 3, 1855.

LAKE SUPERIOR, ON BOARD THE NORTH STAR,

Saturday, August 11, 1855.

MY DEAR SIR,--With astonishment and indignation I have learned

the story of your imprisonment; and now, from this distant

retreat, where I am for the moment, make haste to send you my

sympathy.

From beginning to end, from side to side, and in every aspect,

this transaction can be regarded only as a clear, indubitable,

and utterly unmitigated outrage. The new-fangled doctrine, that

a slave-master can _voluntarily_ import his alleged slave--of

course with all the revolting incidents of Slavery--into the Free

States, is not more odious than preposterous. It is scouted by

reason, and disowned by universal jurisprudence. You were right

in disregarding it. In stepping forward to remind persons claimed

as slaves on this pretext that all such claim is baseless, you

did a good work. It was this knowledge which filled them with

confidence to regain their God-given liberty. And for this it

appears that you have been brought before a man, “dressed in a

little brief authority,” who has cast you into prison.

This outrage is rendered more outrageous by the way in which it

was done. It was perpetrated through perversion of the great writ

of _Habeas Corpus_. This writ of freedom and deliverance, which

in England is often styled the Palladium of the Constitution,

which is recognized as a distinctive feature of Constitutional

Government, which finds no place in despotism, and which is the

very master-key appointed to unlock prison-doors and let the

oppressed go free, has been made in your case, by a hocus-pocus

without precedent, the instrument of imprisonment and oppression.

Strange and disgraceful as all this is, it must be considered

the natural fruit of Slavery. Any person, whosoever he may be,

whether simple citizen or magistrate, who undertakes to uphold

this wrong, seems forthwith to lose his reason. He may be just,

humane, and decent in other things, but in the support of Slavery

he becomes unjust, inhuman, and indecent,--often in obvious

unconsciousness of his degradation. The blindness which makes

him insensible to wrong so transcendent naturally makes him

insensible to the lesser wrong by which it is maintained. What

is the writ of _Habeas Corpus_, the trial by jury, the privilege

of debate, or your liberty or mine, in the estimation of a

person who has already screwed himself to the pitch of injustice

necessary for the vindication of an institution which separates

parent and child, which stamps woman as a concubine, which shuts

the gates of knowledge, and which snatches from the weak all the

hard-earned fruits of incessant toil?

But there must be an end to these things; and as Shakespeare

found a jewel in the toad’s head, so do I find a cheering omen

even in the injustice which has made you its victim. There is

an old saying, handed down from distant antiquity, that “whoso

the gods wish to destroy they first make mad”; and I have often

of late been impressed by its truth. The Slave Oligarchy is

mad, and their overflowing madness runs through every agent and

tool. In all that they do--especially in the Fugitive Slave Bill

and its cruel enforcement, the Nebraska Bill and its felonious

administration, and now in the imprisonment of an unoffending

citizen--I rejoice to believe that there is unmistakable evidence

of that madness which precedes a fall. Verily the day is at hand

when returning justice will once more bear sway; then, among the

triumphs of Freedom, will be a reckoning with unjust judges.

Meanwhile accept my congratulations on the portion of

responsibility and dignity which is yours. It is a privilege

to suffer for truth; and I envy not the meanness of that soul

which would hesitate to prefer your place within the stone walls

of a prison to the cushioned bench of the magistrate by whose

irrational and tyrannical edict you have been condemned.

Believe me, my dear Sir, with much regard,

Very faithfully yours,

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