The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1857-04-22

olany lssa.l shall he a.lipdsri guilty Of 'ialse
imprisonment" and as a criminal shall be pun
ished. But the c mm ttee do not propose any
such security Cor the trkIte BaeH Of Ohio.
By section rs, Ofthe slme bill of rights, it is
iceland tl,at all courts shall lie open, and eT-
cry persoT, for any injury done him in his land,
goods person, or reputation, shall have remedy
/ BY due course Of Law and justice, administered
without denial or delay" Wemust enact, then
that any person who aids, or assists, OF advises
directly or indirectly, in the violation Of any
right herein declared, be he judge, attorney, or
suitor, shall le punished for "alse imprison-
menr too and so on, to the end OF the chapter.
The alsurdity ofsuch legislation IS too appar-
snt for argument
! We arr maugurating a new system whose
| false imprisonment is TO made a crime. We are
about to out England England herself who
With all her toasted zeal for the emancipation Of
the negro race, has never thought of enacting
the crime OF false imprisonment as TO the claim
ing Of slaves.
It has hitherto in every land. where the COM
mon law has obtained, been regarded only as
an injury, TO he rcdressed by damages in civil
action, Tut it is reserved to this General AS
Scmby To improve upon the wisdom Of all the
world and enact il into a crime.
Nor does there exist any necessity for legsla-
ton against kidnapping. The present enact
ments are sufficient by the 46th section OF the
crimes act il is provided that mo person or per-
sons under any pretense whatever, shall by
fraud, violence or deception, seize upon any free
black Or mulattO person within this State, and
: keep such free black or mulatto person, in any
! Kind ofreStraint or confinement with intent t.
1 n
l the State" such persons shall be punished, BY
confinement in the penitentlary, not less thar
) nor more than years.
These provisions seem to me- ample both il
the scope and extent ofthe offence and in tn,
! measure of the penalties, to answer every pur
pose ofpreyentOn and punishment.
1t is, however, evident that this action is no
to carry out and enforce so much Of ihe 9th sec
ton of the bill ofrightS as to counteract and re
pei the consequences which may follow the de
cision of the Supreme Court of the Unitet
States in the Dred Scott case,
This is unquestionaby the great aim Of thi
i legislation and when stripped of all disguises
is an abortiye attempt to nullify the decision Q
that court.
The times have strangely changed. few
r years ago, South Carolina, driven almost to deS
peration by the oppression of "a tariff impose,
: upon her, by the avarice and tyranny of tn
North, attempted TO nullify and resist st-not it
9 true, the judicial department. but 10th tb
i Legislative and executive departments Of the ma
e tional government. Her cause, she thought
9 was just,--her wrongs were grievous. Sh
1 would res st unto blood Then was heard fror
= Souh Carolina, just such language as is no,
: heard in the halls ofthis General Assembly an
o in the report OF majority of this committee.
D 1t was the language of diSaifection if not {
i treason. Then, too was heard, the almost un
. anmous response from all the North and West
to the significant language of the great man {
modern ages,-Gen. jackson. "The Union
n it must and shall he preserved
y Anon, the formost of those who led this grea
r public sentiment was the massive mind of Web
u ster, the intellectual representative of the the
!, great whg party, and following him were foun
IS cchoing the same sentiments, nearly every ma
in the State of OHIO, whether now Republi
n can, an American, or Il Democrat, and demand
ing that that chivalrous State should obey tn
II great national law, and abide the national vel
Dict to right her wrongs, and to do her justice
y A0iO we see the Same States and leader
l. who then condemned the violent and hasty a.
y ton on the part of South Carolina, plotting IT
n sistancc and nulltica'on against the jgkicial d
y parlment of this government.
IL 10 resist by State enactment, or by force IL
y decisions of the Supreme Court Of the Unit
10 States upon questions which by law are cor
g mittcd TO them, is as much notification as Il
'S resistance to the executive officers Of the gene
~ al government in collection OF her revenue
Whatever decision has been made it must stal
DC until modified or reversed. If not made at II
e. or ifcxtra judicial, it is powerless for evil al
: is not worth the solemn deliberations of tt
"' body. 1t is as nothing.
o 10 all these extremes of sentiment and Q
ton, |, as well as that portion Of our peoI
o' whose opinions the minority here represent, &
n opposed, whether North or South
ay We adhere with fidelity to all compromi
of the Constitution, and if error has crept il
nc the judicial councils Of the land we have an a
70 ding confidence that there, too as we'll as in
IN ~ cry other department of our government, til
It's discussion, and reflection will retrieve every
ror and right every wrong.
'er For these as we'll as various other consde
'ns tionS, which will not protract this report
~, discussing, dissent from the conclusions of
'u' majority of the committee, and recommend t
aS the resolutions and the bill be indefinitely pc
-ife poned. L. NJ. PHELPS
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