The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1857-05-30

We have hitherto noticed, says the
Pitsburg Dispatch, the arrest Of several
negroes in Chicago for stealing poultry.
Their counsel, on the 18th attempted
70 obtain their release from custody, on
the ground that, under the recent decis-
ion Of the Supreme Court, in the famous
bred Scott case, they were merely chat
tells or merchandise, and not persons, ~
alleged in the indictment The plea in
abatement was accordingly fled, follsw-
cd by demurrer BY the States attorney,
setting forth that the plea was insult
fcient to s'oust the said court Of juris-
diction." In support Of the demurrer,
the States attorney urged that, although
the defendants we're really and bona6de
slaves, and subject to rendition to their
masters, still they are liable to be tried
and punished under our local or State
laws for felonies committed by them with
in the State. The counsel for the de-
Tense submitted the following reasons
Why the plea should be sustained aud the
demurrer overruled: ..-... =.
LIST. That however repungant to the
ideas Of the people, the opinion of the
Supreme Court is the law Of the land.
I'd. That the demurrer admits the
fact in this plea, that the defendants are
chattles and property.
Sd. That the defendants being chat
ties, not persons, are consequently incapa-
BILE Of committing crime, and incapable
of being incarcerated therefor. "A chat
tie cannot commit crime-an article Of
merchandise cannot by and within the
meaning of tho law be panished, and At
ricans, the descendants of slaves, bought
and sold, are held to be chattlcs and
merchandise"
4th. That the opinion announced in
the bred Scott case decides that no dis
tinction exists between slaves and de-
scendants Of slaves, and other property.
9Th. That the constitution Of Him
dis being a limit Of power, not grant, if
the United States Constitution has de.
clared the African race brought to this
country a. slaves (for none others were
brought) to be property, and merchan-
table chattles, then the Constitution or
laws of Illinois cannot change that char
acter, such State Constitution being =
limit of power, and the State laws being
dependant thereon for their validity, and
that the constitution Of the United
States 20 declares them.
9th. That the defendants being slaves
or their descendants, they cannot be held
as citizens of Illinois, nor Of any of the
States, because by the Supreme Law
they are chattles, not persons.
It'll. That the State laws authorize
the conviction Of persons only, not prop
erty, nor can the warden Of any prison
hold such property in custody. 'If a
chattel commits wrong act, he should
be punished Is . chattel, and net a. =
man. The fox that steals property can
not be indicted and punished a. man,
but must be punished a. fox"
The Court was therefore asked to over
rule the demurrer.
His Honor, Judge Wilson sustained the
demurrer, stating that "If Chief Justice
fancy ever intended by that decision to
maze Africans or the descendants Of At
ricans SO far chattles that they may
appropriate other peoples chattle'
by larceny, without being answsraole to
the laws Of this State or tie local police
regulations, then this Court docs not rec
ognizc the validity of such decision. -
Exception was taken to the ruling Of the
Court, and the "merchantable chattels'
were placed upon trial. The jury return
ad q vorIic ut of MT o,,iltv
| What rank treason is this, that sub
ordinate Court should set aside Judge
Taney's decision with a. little ceremony
as though no Supreme Court existed
What Black Republican treason in the
Recorder! Has it come to this complex.
ion at last Rev DR.. Cheever has been
arraigned As q seditious teacher, frantic
because he denounced the unutterable at
/ yocity of the Supreme Court in it, en-
or ,,achments upon the rights Of large
clas, of hitherto citizens of the North
The .. ;ous Journal of Commerce-the i'm
maculate Pennsylvanian--the revaren
tial Pitsb ,,rg Postal the devotees Of
the adniuistt ration and the Court, have
thrown their conservative arms around
the Court. pro oping its rotten pillar
with handy lees AID in6rm shoulders and
oro,nine unutte,ablc things at the ex
c,ediny audacity Of fanat'cal minister
and infanmatory journals, that dare :.
Question the right ofeven Supreme oour'
to not oniy reverse its previous decisions cI
Int 70 overtb row the well defined dlstinc
t;ons of common law and the prin ciple.
of human signs. What cries OF "treas on
treason |" what pipings about reverence
due the Supreme authority, what dole,u
lamentations over the tendency Of the
age to set at naught the
-"venerAble powers,
Established forms and august m Jesty
or Court Supreme"
have not been howled into the ears OF
those who ventursd to affirm that even
Supreme Court has not the vested power
to subvert the eternal principles OF JUS
tice--degrade man, "made in the image
Of his Maker" to the level of brute, .
chattel, thing Of merchandise and traf.
&c, and establish, in the place Of those
rights which are the basis Of all repub'
lican institutions, the concerto essence
Of despetism and tyranny. If those con.
servatives would have the people respect
aud reverence the supreme authority Of
| xha Land thew uust snioin uron that An