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Chapter 27 The Habeas Corpus

THE Captain of the Janson had settled his business, and was anxious to return home. He had done all in his power for Manuel, and notwithstanding the able exertions of the consul were combined with his, he had effected nothing to relieve him. The law was imperative, and if followed out, there was no alternative for him, except upon the ground of his proving himself entitled to a white man's privileges. To do this would require an endless routine of law, which would increase his anxiety and suffering twofold. Mr. Grimshaw had been heard to say, that if an habeas corpus were sued out, he should stand upon the technicality of an act of the legislature, refuse to answer the summons or give the man up. No, he would himself stand the test upon the point of right to the habeas corpus, and if he was committed for refusing to deliver up the prisoner, he would take advantage of another act of the legislature, and after remaining a length of time in jail, demand his release according to the statutes. So far was Mr. Grimshaw impressed with his own important position in the matter, and of the course which he should pursue, that he several times told the prisoners that he should be a prisoner among them in a few days, to partake of the same fare.

Judge Withers, however, saved him the necessity of such important trouble. To those acquainted with Judge Withers it would be needless to dwell upon the traits of his character. To those who are not, we can say that his were feelings founded upon interest-moving in the foremost elements of secession-arbitrary, self-willed, and easily swayed by prejudice-a man known to the public and the bar for his frigidity, bound in his own opinions, and yielding second to the wishes and principles of none-fearful of his popularity as a judge, yet devoid of those sterling principles which deep jurists bring to their aid when considering important questions, where life or liberty is at stake-a mind that would rather reinstate monarchy than spread the blessings of a free government. What ground have we here to hope for a favorable issue?

Thus when the consul applied for the writ of habeas corpus, the right was denied him, notwithstanding the subject was heir-inherent to all the rights of citizenship and protection, which the laws of his own nation could clothe him with. To show how this matter was treated by the press-though we are happy to say the feelings of the mercantile community are not reflected in it-we copy the leader from the "Southern Standard," a journal published in Charleston, the editor of which professes to represent the conservative views of a diminutive minority. Here it is:--

"CHARLESTON, APRIL 23, 1852. "Colored Seamen and State Rights.

"Our readers have not forgotten the correspondence which some time since took place between His Excellency Governor Means and Her British Majesty's Consul, Mr. Mathew. We published in the Standard, of the 5th December last, the very temperate, dignified, and well-argued report of Mr. Mazyck, chairman of the special committee of the Senate, to whom had been referred the message of the Governor, transmitting the correspondence. In our issue of the 16th December, we gave to our readers the able report of Mr. McCready, on behalf of the committee of the other house, on the same subject.

"We have now to call the attention of the public to the fact, that the practical issue has been made, by which the validity of the laws in regard to colored seamen arriving in our port is to be submitted to the judicial tribunals of the country. For ourselves we have no fears for the credit of the State in such a controversy. The right of the State to control, by her own legislation, the whole............

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