Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1859-06-17

of the rule Of res ad5adtcata alone, proves that
| thisquestioh is not settled. The truth is. it is
not until recently that the mass of Intelligent
and enqiiifitig mind in this country has been
brought to bear upon this question. 1t trequir-
ed the enactment and enforcement of the fugi-
tive slave act Of 1850, overriding The most sa-
cred and fundamental guarantees the Coristi-
tuition, and dsregarcIins in its provisions e.ran
the decencies of legislation, as if for the very
purpose of irritation and humiIiatior, end the
fine and Imprisonment under it of rtfte men
for the exercise of the instructive svirtIIes of
humanity, to awaken general irfdii;rv. That
inquiry is now going forward. Ancls surely
as the matured convictions of the mass of in
telhgent mind in this country mast ultimately
control the Operations of government in all its
departments so supeiv r this question irrot set
ted When it is settled right, then it viii be
Settled, and not till then. eAA Ht
But, t,-cotemporaneous construction is appeal
ed to. admit its weight, and its title to res
pcctful consideration. But cotemporaneous
construction speaks with a. divided voice. It
is true, Congress as early as 1893. lcgis!ated
for the return of fugiti4es from labor. But
nearly if not quite every one Of the old States
had also legislated on the same subject in full
fill1nent of what they deemed matter of con-
stitutional obligation resting on them. And
such legislation on the part fthe States, old
and new, continued untiltlIe Supreme Court of
the United States, in the Prigg case, as late as,
1912, (I6 Peters, $685. assumed for the federal
government exclusive authortyaovcr the sub
ject. And those who appeal Ito scotempo--
it. From the foundation ofthe government uiis
til within the last ten wears Congress claimed
and exercised, without squcstion:fuil andyeom-
plete legislative power over rrthe7 territorieswof
the United States and as early as 1925 in
American Insurance Company Vi; Canters9 a.
Peters, 546,) the Supreme Couft of the United
States, Chief Justice Marshall delivering its
opinion unanimously decided that in territories
Congress rightfully exercises the, combined
powers OF. the general, and, of a State govern
ment. ct, in the recent cas-. of bred Scott
v Sanford, (l9 Howard, 1913 al thisis.- over
turned and disregarded, and the whole past
theory and practice of the government ils this
respect attempted to be revolutionizedis by
judicial ipse dira. We are thus invited byethat
Court back to the consideration of first princi-
piles; and neither it nor those wbo,rely. on its,
authority a. have a right to eomplainif% % We accept
the invitation -
+ Iknow of no way, other than ttro1ghth ac-
ton Of the State governments, in which the
reserved rights and powers of the States can be.
preserved, and the guarantees Of individual lib
|erty be vindicated. The history of this country
brief as it is, already shows that the federal iu-
dietary is never behind the other departments
of that government, and often foremost, in the
assumption of non-granfed powers And let it,
be finally yielded, that the federal government
is in the last resort, the authoritative Judge Of
the extent ofits own powers, and the reser7a-
tions and limitations of the constitution, which
the trainers of that instrument so ojeaiohsly en-
deayored firmly to fix and guard lsill SOON DE,
if they are not already, obiiterated and that
government, the sole possessor of the only
means ofrevenue, in the employment of which
the people can be kept ignorant of the extent
sof their own burdens, and with its evershadoW-
ing patronage, attracting TO its support the
ambitious by means Of its honors, and the mer-
cenary through the medium of its emoluinents,
will speedily become, if it be not already, prac-
tically omuipotent!
These were my opinions, freely declared, for
years before I had the honor of seat on this
bench; and, having learned nothing during the
tendency of these cases to charge but much to
confirm them, l know fi6 reason Why should
| hesitate to avow them now.
| give my voice in favor Of Tie discharge ol
| the REALTORS.