The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1857-10-22
The bred Scott Decison.

The bred Scott Decision.
Some weeks ago, our neighbor, in a very
lengthy article Of nearly two labored columns.
attempted to show that we had changed or
modified our position on the quesrion involved
In the Died Scott decision; that whereas
when that decision was first pronounced. we
were opposed to it even to the extent Of ta-
king off our coat, &c. J, we had finally become
partially reconciled, so much so that he had
some hopes Of us, the implication being, thst
we favored, at first, forcible resistance to the
decision, but had subsequently receded from
that position.
Now this is mistake. We have never beer
in favor, nor have we ever advocated forcibls
resistance to the present outrageous pe-ver-
sion OF the powers and influence Of the vari-
Gus departments Of the General Government
to the interests ano behests Of slavery, and
our neighbor can find no language Of ours
which 10 susceptible of such an interpreta-
ton.
The action of the Supreme Court, as is that
of every department Of the Government, is sub
ject to public opinion. Thank God, we have
not come quite to the pass in this country, that
any man or set Of men, be they on the Supreme
Bench or elsewhere, are beyond the reach of
the public opinion of the people Of the United
States, and exonerated from free and full in
qniry into the character, tendency and motives
OF their public acts affecting the public inter-
ests.
The Supreme Court pronounced an extra
Judicial opinion in the bred Scott case, to the
effect that the stakeholder might take his chat
tel into Free State and hold him there Is
securely as he could a horse or any other .pe-
cies Of property. They did this to aid the
whose tools they were in 80 doing.
Believing this action Of the Supreme Court
to be q most high-handed perversion of lis
powers to mere party purposes, and designed
to change the policy Of the Government in re-
lation to slavery, making that accused system
National instead of sectional, we denounced II
as unjust, and believe the public sentiment Of
the country will condemn 1t, and so effectuaily
that at some, we trust, not far distant day
the court will be compelled to return to the
doctrines and plecsdents, from which they de-
parted and violated IN this unjust and iniqui-
tous decision.
The powers which the General Government
exercise are limited TO those which are ex-
pressly conferred upon it, all others being re-
served to the States or the people, One Of
the rights reserved by the States was that Of
inquiring, by means Of the writ Of Habeas
Corpus, into the authority by which the citi-
zens Of the State were held in custody, and de-
prived of their liberty. The Supreme Court Of
Ohio, required Marshal Of the United States
to make known by what right he held citi-
zen of the United States in custody and de-
prived him Of his liberty, and by so doing,
they simply discharged their duty, within the
clear limits of their constitutional rights, the
power exercised being one which the State of
Ohio reserved when she became member of
the confederation.
Had the question been one arising under the
revenue laws of the United States, the case
would have been different, for Ohio had dives
ted herself of all power over the levying of du-
ties, to the General Government, and TO the
Supreme Court Of the United States the right
to adjudicate finally and conclusively upon all
questions arising under the revenue laws
Can the Statesman see the distinction? It is
very clear one.
We are for maintaining the rights of the
States, as sacredly as the rights Of the Federal
Government, and herein is the difference be-
tween the Sfatesman and ourself. He holds
that the decisions of the Supreme Court are
necessarily, and in every conceivable case,
final and binding npon the States, and in so do
ing, departs from the former doctrine of his
party, and recognizes the sovereignty Of every
State in the Union as merged in the sovereign
ty OF the General Cow rnment
The Supreme Court Of Ohio, acting under
and BY virtue Of one Of the powers reserved
by her, had Alright 10 say that even Marshal
Of the United States should not remove from
her free soil one Of her sons, without making
known the authority under which be acted,
and his right to do so, and we repeat that we
honor that Court foi so doing, and that we a re
confident that the people Of the Free States
will honor and support it in so doing. This
new doctrine, that the Supreme Court, by its
decisions, may ride rough shod over the sover-
eign rights OF the States is an alarming one, and
lis high time, not OILY for Ohio, but for ev-
cry State to assert their rights. If this is not
done, our liberties are gone forever. We are
the victims Of an arbitrary power in the shape
Of the Supreme Court, and it will matter little
whether that arbitrary, despotic, and unap-
pealable power Is exercised by the Supreme
Court or some Star Chamber or despot like
those Of Europe; and it matters not that its ar
bitrary and despotic DEGREES, subverting the
liberties Of The people, and overriding the re-
served rights Of the States, are done under
the forms IT law or not. The forms of law
and right last great while longer than the
ssbstasce. The devil has had good deal Of
service in the livery Of Heaven.
The District Court.
The Dist. court Of Wapello county commenced
its Fall Term on Monday, Hon. H. B. Hen
Aerahotf ure sidino Tn Socket ia laroe thev~