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


so not propose to examine ihe reasoning Of
the majority OF the Commiltce on Federal Re
la,i0Bs. s,liaced in support OF the resolutions
and the bin rePrried by them, but shall coH,eat
myself with igicf IMPRESSION ofthe considera
tons which have led my mind to a different
conclusion.
The lst, 2d, 3d. 4lh and 9th resolutions are
Objectionable because they assume certain doc
triRes as enneiated By the majority OF the
Court in the Dred Scott eaSe, without any GER
tan or accurate knowledge Of what that decis-
Sol rs extent and eiieet, or Oi the rea-
soning which susiaiilsit. The majority have
no means OF knowing the character Of that de
ciSoh boz ond w..at is common Is the public, viz:
newspaper reports The majority OF the Court
have not thought il necessary TO deyiate from
the digndled and UNIFORM practice OF that Court,
which Is to allow their adjudication to come be
fore the profession and the public through the
legitimate channel, viz: the reporter.
The deviation OF the minority Of that Court,
from this coure,--so obviously suggested by
usage and prNpiicty,-is TO me a just cause Of
auimadyers.on, and too plainly indicates ;hat in
making this an exception to that usage, other
considerations than Judicial duty have had their
influence
The majority of the communities, without
that accurate information, which as lawyers and
Legislators we are bound to rcqnire,-have un-
dertaken TO draw certain inierenceS Of their own
which they set forth in those reSolutions--and
having built this cob house, they proceed with
great industry and deliberation to knock it down
and invoke the action of the Representatives oi
this great State to second them in so childish an
undertaking.
In my judgment, it will be time enough I'll
= skssl
sider the opinions expressed BY the majority OF
the t'ourt IN that case, when We have ascertain
ed them; but the fttempt to GoistalI the public
sentiment, and to critisise and condemn the
Judgement oil any Court before that Judgement
is known, is both unwise and unjust.
But be yond these considerations, there re-
mains those Of the expediency and prcpriety ot
such Legislative action, if such decision aoe't
known. 1t is at best, but extra Legislative ac
ton, foreign to the object for which we have
been brought together and touching matter over
which we have no control IT, adopted they
are bu: the opipi,ns Of lew private indivitlu'
ais, who have sought to dignity them by giving
them the sanction Of legislative forms. The
practice is new and mischieyous, and no well
authenticated instance can be cited-before the
exciting topic Of slavery inaugurated it--whert
a State legislature has sought to review and
censure the judicial department of the govern
ment---whether State or National for any jndi
cial determinations If any occasion in Ohio
had justified it, it " would certainly have been il
the great case afthe Piqua Branch Bank VS.
knopp, wherein the Supreme Court Of the Uni.
ted States, by hare majority, decided that thC
charter OF u private corporation, was paramount
tosthe constitution Of the State, and sovereign
TO the people themselves, aud that while every
people, have in this country, the right to alter
and reform, and to make every private interes
and right s1bServient to the public good--yet
HIat that Bank Charter had power, which goc
deeper than the sovereignty ofthe people them
selves, and holds their will and their welfare il
allowance. The will and the rights Of two mil
lions ofpeople, bowed to the interests Of tina
great corporation, at the fiat OF this cntlrt--de
claring with fcarlesSncsS and honesty what the
reg.rded as the high obligations of tile Consttu
tion of the United States. In that majont,
arsefound the two judges who now dissent il
the Dred Scott case. This General Assembly
at its last session, made hast to carry out til
judgement OF that tourt in the Bank Gaze b
section II Of Mr.. Keley's Tax Law, and VIII
ventured to demonstrate was regarded as a re
pudiator and nullifier. The principle, it wa
said, was settled by the highest tribunal in tn
land, and we must submit.
Yet in that case, involving the rights and tn
sovereignty of two millions Of free chits pcopl
not murlner ofdiScontent was heard no re:
olutions ofcensure and defiance were hurled ;
that usurping tribun u, as it is now characteriz
ed. @ rv
That decision only concerned the interests
tive millions of white people, ths decision il
wolves the fate OF four or five negroes, and ma
in future, reach as many as l0or II more.
For myself although not concurring in Il
judgement in the Bank case, | was content
abide it, as one who sbdes by all the compror
izes OF the Constitution. The same scntimen
which guided me then shall control Inc now
Theduestion to Us in this case is not wheth
we all concur in tic rcasonings and concluio
o the Court, Git we knew them for perfect co
cuiTence OF opinion is not to be expected b
whether asa legislative body, we ought having
a due regard to the various d"partmGns ot
government and the obligation to maintain u
ilnpared a,e integrity of each Of thsm-whet
or We ought to attempt to review and c0nder
the Constitutional aul legitimate action OF
other. II this new and nlischieyonS example
to be toll0wed, each succeeding Legislature "
find abundant employ, in reviewing and &C
demning the decisions OF our own courts, as
changing power of parties may throw one set
opinions or another into the ascendant
IL is destructive to the independence and
tegrity ofthc courts; hold it to be dangert
and uniaaifable in the legislature. 1t saps
Foundation OF our institutions by cultivating a
aroaraging a spirit of insubord nation and
position TO the adjudication OF the courts.
proceed to consider, briefly, the objection
billIeported by the committee. 1t conta
four sections, and Is entitled bill ITO Prev
slayeholling and kidnapping in Chic" It's I
actments are designed to carry out those en-
1t is another evidence into what foil les and
surtiities the oyerheated zeal Of partizans '
lead men. 1t is dificultto conceive what nece
ity exlsts,l to re-ehact the Constitution Of OHIO
in the shape statutes The sixth section Of
bill OF rights declares that there shall be
slavery in this State nor involuntary servitu
unless for the punishment Of crime" This
claration executes itself; no legislation can
large or lirnitit. Itis but one oftwenty decl
ati0ns BY the poople, Of the rights ofcvery c
zen Of 0hio. Upon the theory of fhe major
it beconies the duty Of the General Ascend ly
PASS statutes, executing each Of the . tive
specifications in the biifUf rights, and SO crt
ing twenty sawcrimcs in Ohio.
For instance, II is declared insection 5, [
'Ghe right Of trial by jury shall he inyiolat
ana III seEtiuH ~ thib II pdtyJ aCNSAsSh St
he allowed to appear and defend, in person,
with counsel, 10 demand the nature and Gus
the Accusation against him, and to have 9
thereof, 70 nl3ettfe witnesses Glcs 70 face,
Do the majority, also, propose TO make tbs
elatipn or these rights crime? | presume
lest certain committees, and . considerable /
Of this General Assembly, should be in in
neIat. danger s
In the whole history oflegislation in the {
on. has 1t ever beSn beard OF that the YiO!ai
a,f any decllration oE right was TO be Inat