The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1859-06-09

Cases.
Below we give a syllabus Of the opinions
of Chief Justice Swan and Justices Scott and
Peck in the recent decision :
I. That the provisions of Act 4, Sec. 2,
OF the Constitution of the United States -
"No person held to service or labor in one
State under the laws thereof, escaping into
another, shall, in consequences Of any law or
regulation therein, be discharged from such
service or labor, but shall be delivered up on
claim Of the party to whom such service or
labor my be DUE" guarantee to the owner
OF TN escaped slave the right Of rec!ama.
ton.
ii. That citizen, who, knowingly and
ntentionally nterferes with, for the purpose
of rescue or rescues from the owner of an es.
capped slave, is guilty Of violation OF the
Constitution Of the United States, whether
the acts of 1893 and $780, com monty called
the fugitive slave laws, are unconstitutional
or not.
III. That the question in this case is,
not whether the fugitive &c: Of 1850 is IN.
constitutional in respect to the appointment
and powers OF commi sioners, the allowance
of writ of habeas corpus, the mode Of re-.
clamation, &C., but whether Congress has
| any power to pass any law whatever, how.
ever just and proper in its provisions for the
reclamation OF slaves, or to protect the own.
er o. an escaped siave from interference,
when duly asserting his constitutional RI lhts
OF reclamation.
w. That Congress, from the earliest pc.
riOd OF the government, hiss, by legislative
penalties, vindicated the constitutional rights
of the owner Of slaves against unlawful in
telferente.
V. That such legislation was ad dopted in
the Constitution, composed OF many of the
members OF the Convention who framed the
Constitution it has, from that day to this,
been in active operation, and has been ac-
quiesced in by all departments of the gov
ernment, national and State and the Icgis-
latve power of Congress on this subject has
been recognized by the Genera Assembly of
the State Of Ohio in their statutes, by the
Supreme Court OF the Uni ed States, and by
the Supreme Courts of Massachusetts, New
York, Pennsylvania, Indiana, Illinois, Cali
fornia, by the Supreme Court Of Ohio on the
circuit, and, indeed, by the Supreme Courts
Of every State in the Union where The ques.
ton has been made, and has never been de.
MED by the Supreme Court of any State
the Courts Of Wisconsin, notwithstanding
the popular impression, not forming an ex.
ception.
vi. The right TO rescue escaped slaves
from their owners being denied to all cti-
zens of the United States by the Constitu
ton ; Congress having prohibited it and en-.
ho hu al
preme Court Of the United States and Courts
OF the free States having recognized and &C.
quiesced in such legislative prohibition and
punishment, if the question is not thus put
beyond the reach of the private personal
views fjudges, ond if they possess judicial
discretion or power TO overrule on the au.
thority of their individual opinions this un.
broken current of decisions and this acques-
cence of the States of the Union, and change
the settled Interpretation of the Cohttulion
OF the United States then there is no limit
and no restraint upon judges making at any
time, and under any circumstances, their
own individual opinions, the arbitrary inter.
prefers Of the Constitution.
VII. Whatever differences of opinion
may now exist in the public mind, as 10 the
power of Congress TO punish rescuers as pro-
vided in the acts of 1893 and 1850, no euch
vital blow is given either to constitutional ]
rights or State sovereignty by Congress thus
enacting law to punish violation of the
Constitution of the United States as to de-
mand of this Court the organization Of re-.
sistance. II, after more than sixty years Of
acquiescence by all departments of the no.
tional and State governments, in the power
of Congress to provide for the punishment OF
rescuers Of escaped slaves, that power is to
be disregarded, and all the laws which NAV
be passed by Congress on this subject from
henceforth are to be persisteDtly resisted
and nullided, the work Of revolution should
not be begun BY the Conservators Of the pub.
nc Peace' yo- 3a s-1.4 aaq q. ..7e'