Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1857-12-01
The decision in the Underwood Trial.
Lgrom a. Mellsburg Herald.l


was lately indicted in Clark county for asserting
a that the muster hath not q right Of property
in his sLqre." tried, found guilty, and fined some
5000 and costs He took an appeal from this,
nleadipg the unconstitutionality of the law under
that provision which provides that freedom OF
speech shall not be abridged; but although he
had the constitution of the United States as well
as Of Virginia to back his appeal, it was over
1 ruled, and there the case rests at last adylceS
We look upon this as an important case, not on
! account of the fine or the particular hardship
| so much as on account of the principle and pre-
cedent which we humbly think to be inconsls-
tent with the principles of our institutions "
ranncal, arbitrary and subversive, II carried
out, of all civil and political liberty. Expressly
pretermitting all expression of opinion as to the
gist of the law, whether man has or has not a
fright to his slave we will say that the law that
undertakes to control the expression of any
opinion, however wrong, injurious or hcTetcal,
is and should be legal nulty, as it is DIS
grace to any statute book, and should be repeal
| ed and slowed away with the blue laws of Con
nccticut aud other relics of a barbarous age. Ii
there be meaning in words, the law is clearly
Unconstitutional, and had it any other bearing
than in the direction it has, it would have been
dead letter long ago But it was enacted for
the benefit of Shareholders, the governing class
| in this State-and in support of that institution,
laws and constitutions, equity and justice, have
been immemorialIy aud flagrantly perverted. So
will it continue be- until this State becomes but
practical Oligarchy, with the forms OF republic
but the practices of that most Odious of all tormSof
government, the reign ola privileged class, unless
the masses watch every cncroachment on their
rights and sternly refuse every concession of
power. Freedom of speech, even to licencious
ness is preferable to censorship, however linn
tied 1t is the grand bulwork of popular llber-
| IT, formidable to tyrantS only, and the first OBJ
tjectat which the tyrant by instinct aims his hos
| tility. An institution that claims such sacrl-
| fee as n muzZled press, or slavery OF speech,
therein, confesses its inherent rottenness, for
truth has nothing to fear from error so long as
reason is left free to combat with. If slavery
has to be sustained at such sacrifice, down
! with it. and down with the constitution, the
laws and the ministers of the laws that uphold
| it. But the constitution fairly Interpreted does
not sustain it. Apply half the legal accumen,
| half the Strictness of construction to the con-
stitution of Virginia that was yquandered on
the bred Scott case, and the law will be secuted
from the statue book as absurdity. Yet will
it be done? Will j. G. Underwood, citizen. re-
ceive the same consideration as Drcd- Scott
slave? Not by any means. The one case only
supposes the violation Of one mans idea of his
guaranteed liberties the other impinges upon
| the rights of property in man and was subject
for grave consideration. 1t is singular the differ
ent media through which different minds look up
on constitutions. For instance; had slave escap-
cd from his master intoa free State and the all-
thoritics dared to resist his recovery, the whole
combined power of Virginia, backed if need be,
with Federal bayonets would have been exerted
to bring him back under constitutional pro-
vision not so explicit but that it required to be
Te.atiirlned by law and re-e£ed; or had a
dispute arisen about his ownership, the Justices
of the Supreme Court would have deemed 1t in
cumbent on them to meet in solemn conclave, to
deliberate for months with an eXpectant nation
/ ~ Ot M ftln
! probable opinions, and to result in n profound
| tissue of wire drawn argument showing to their
own satisfaction only, exactly on which side the
line of strict construction, Justice ana equity re-
side; but int his case of poor devil OF acommon
i citizen who has the misfortune to be white, as
| well MS free and who sees fit to exercise his
God given and blood sealed right to speak as
conscience or conviction dictates, wooden head
ed court, with a barbarous law before them can
punish him with fine and Imprisonment, cover
his name with obloquy, Spurn with contempt
his appeal for redress and no thrill of iudigna.
ton will excite the nation in that mans behalf,
no tumult is excited, no culOglum is uttered
about the constitution as the palladium of our
liberties, to violate which in the smallest partic-
ular is to endanger our glorious Union, no
troops called out to intiinidate the sympathizing
rabble, no convocation of parchment faced JUS
tees TO cXpound the highest law in his case,
not even country newspaper to take up the
plea of the white man for a strict construction
Of that instrument in favor of his own person
al liberty, tnaJ wOUiu DC accorded FOR the
personal slavery of his chattle did lie own one.
All the cumbrous machinery of the law is quiet
where.his liberty is at stake, and the wheels of
government roll on over the victim as relent-
Ilessly as ever the car wheels of Juggernaut
pressed the life from his votary. Slavery has
suppressed even public opinion, gagged free
speech and laid its heavy hand upon the pen
and the press. The censorship of the Bourbons
was not more complete over the press ofFrance
THAN is the censorship of slavery over the south
ern press of the United States, and spaniel like,
they would Eondlc the hand that smites them
1t is indeed singular, but it is true, that the frc
est people in the world find it necessary to in
terdict by pains aud penalties expressions of
opinion even in violation of constitutional letter
and spirit. Slavery may be either right or
wrong, and it is not our design here to express
an opinion on that subject, but it requires to
be watched and pruned ofits superfiuous pow
ers Among the superfluities, and they are ma
ny in this State, is this restriction on liberty of
speech and kindred powers claimed for the sup
preston of inccndiory publications The pos
session of such power is more dangerous than
the incendiaryism, for whoca say when 1t will
be forbidden to speak against the powers that
be, and thus they be relieved of responsibility
to the public, and the government become a