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Show 426 APPENDIX. "No sueh moti·o n was subsequently made, and the public im . that penni 'sion t d prcss10n o amen was refused, was not warranted b' f· t " J d }( < l / <tc s. u go anc replied that his (1\lr. Cadwalladc , ) . . rect lie had b r s ImpressiOn was cor- . ·. con prepared to receive a. supplcmcntn.ry l·cturn from Mr. 'VIlhamson's counsel, but none had been offered " l\Ir . Cadwallader sugn-estcd that . f ail dd'ti' b b ' a 1 on e made to the · · o the court, embracinO' the remarks of a membc f tl • b opnuon in the case, and the r eply of the . d II r o . le arnot engagct\ J u gc. c was mduced t k h suggestion by the best fe eling towards a worth . o ma e t e it might lead to the adopt· f h y but mistaken man, hoping tion. Ion o sue a course as would end in his lioera- " 1\fr. Cadwallader is to embody the . k will follow with his an wcr so a t Ielmar s he made, when the judge S ' 3 o camp ete the record " ;!:· omc days after, (Oct. 2G ) l\Iessrs G '1 . d : \iYilliamson, appeared in J 'd Ir . , l pm an Meredith, of counsel for u ge l..anc s court and asl d l petition from \Villiamsou Tl . . . ' ' (C cave to read. a · us pettt10n contained t t in relation to his conncctio 'th h . . l as a cment of the facts . n WI t e hbcrat10n of J · J 1 cluldrcn similar to that t . d . . anc o mson and her ' ' con ame m hP peti f o t t] Pennsylvania, Appendix N I Th . l n o le supreme court of 0 · • c followmg f on thi motion is taken from th Pl. ., d 1 . account o the proceedings J d K e t~ a e '}Jlua Gazette · - u gc anc said, 'The court cannot 1 ·. . in contempt, except to ab l' 1 . lear an applicatiOn from a party by petit' . l so \ c nm. I understand there is an application, lOll, m t le name of Passmore w·n·· . himself from the contempt, but-, I Iamson, whiCh is not to relieve 1\Ir. l\lercdith then remarked someLhin . . . Kane said : ' Let t b . g m an maud1ble tone, and Juclo-c us no e misunderstood_ I b an application from Passmore \V'll' am not prepared to receive f . 1 1amson who is i . d o this court, unless such p t't' b ' . nca1ccratc for contempt e I Ion e to relieve 1 . lf purgation. I am of 01). . 1 mnsc from contempt by . nuon, un css othcrwi · · Independent preliminary t h ::sc Instructed, that that is an ' lf th . C . • o any ot er application from him. . . ' er c Ole, the counsel arise to rc . . . W1lhamson it must ue f< • • P sent an apphcat10n from 1\Ir. ' 01 puro·atlOn The 1 d whether they arc here to ur : M . r· . counse o not inform the court p g r. ~ Ilhamson from the contempt. As at * J11ne Joltns0 11 ' s suggc. iw· us on th i ' o ground that 1 ug, wero allowed no W<•itrht tow:l.rus tl I'IJ . s to was a -trangor to tho proceed· a~mittanco on the files of tho c;urt. ~~"~ t;t oe t:Llon ~f Williamson, nnd were refused \\,llla.der, another stran...,.er wet·o "a...,. l l ante ttmo, iho sugge 'tions of Mr. Cad- . t ,.., ' . " oer y c utched t d VH'W 0 bfltter tile position of Jud• 1.. 11 au put upon the record with a .;o \.ane. ' APPENDIX. 427 present advised, I have no power to hear their applicat ion, whateyer it may be, in his behalf.' 1\Ir. l\Icredith said there were two kinds of contcmpts; one of personal insult to the bench, with which Passmore \Villin.m. on is not concern d; but the contempt consi::;ting in not making a proper return to the p rocess of the court. Mr. lVIercdith then proceeded to argue that s uch ·a contempt could be purged by making an answer to the court and paying the costs, which he was now prepared to do. Judge Kane said, that up to this moment there has been, on the part of the individual to whom the function of the court has been delegated and exercised in this ma.tter, not a single particle of conscious excitement. He did not believe it was in the power of the entire p rcso of the U nited States, after he had honestly administcrccl his duty to the best of his n,bility, to giYc him a pang, or p roduce one excited feeling; therefore, now as heretofore, he looked upon the q uestion as one that b tu:; no feeling ou the bench. If he understood the remarks of 1\Ir. :Meredith, ho meant to say to tho court that Passmore \Villiamson was de~iroul::i of tcstifyi11g uow his willingness to obey the exigencies of Lhc writ of habeas cOJjntS. If so, he had a simple, straightforward, h onorable course to pur ·uc. H e ha · no need of making a narrative of l'acts or arguments of protc..,t; let him come forwarcl into court, declaring that he is willing to obey the writ issued by this court; and when he has done that, in the estimation of the judge, he is purged of his c011 tell! pt. Nothing on his part of personal offence was evinced to the court ; his demeanor was entirely respectful; but he fuilcu to obey the writ which the law issued to him ; and when he has obey d tha.t writ, it will be the duty of this court to free him. \Vhat is underl::itood by 'purgation' i · not simply a mere form of words. It matters not about that, proYidcd he received, from the party who is in contempt for having dil::iobeyed the process of the court, the assuranee that he ii::i now prepared to obey such proce s, and, until he is prepared to announce his disposition to obey, he could no t hear him upon any other subj ect which assrrts that the court has erred either in point of fact or la\\', or hns exer cised a j nri ·diction wl1ich docs not belong to it. He said he would h ear the connscl upon the question whclher the court can lcgally hear any other petition than the one of p ur-galion. The respondent's counsel then proceeded to argue the right of the court to hear a petition, olher than of purga lion, from Pasl::imoro \Vil-linmson. |