Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1859-06-09
The 0herlin Rescue Decision.

We have already had the announcement that
this decision by the Supreme Court of Ohio re-
manded the rescuers to prison and affirmed the
constitutionality of the Fugitive Slave Law
The decision was read on the 3Oth ult. by Chief
Justice Swan, Judges Scott and Peck concur
ring. Judges Brinkerhoff and Sutlff dissented
from the majority OF the Court.
The full opinion of the Court has not yet
been furnished for the press, but the following
synopsis pr, sents the main points;
al. That the provisions of Art 1, Sec 2, of
the Constitution of the United States No
person held to service OF labor in one State I'M
der the laws thereof, escaping into another,
shall, in consequence Of any law or regulation
therein, be discharged from such service or la
Dor, hut shall be delivered up on claim of the
party to whom such service or labor may be
due, guarantee to the owner of an escaped
slave the right Of reclamation.
IL. That citizen, who, knowingly and in
tentionally interferes with, Tor the purpose OF
rescue or rtscues from the owner an escaped
slave, is guilty Of II violation of the Constitu-
ton of the United States, whether the acts of
1898 and 1850, commonly called the Fugitive
Slave Laws, are unconstitutional or not.
Ill. That the question in this case is, not
whether the fugitive act of 1850 is unconstitu
tional in'respect to the appointment and powers
of commissioners, the allowance of u writ of
habeas corpus, the mode of reclamation, &C.,
but whether Congress has any power to pass any
law whatever, however just and proper, in its
provisions, for the reclamation of slaves, or to
protect the owner of an escaped slave from in
tAl ference. when daily asserting his constitution
| III rights Of recalhation.
| ". That Congress, from the earliest period
of tho government, has. by Legislative penalties,
vindicated the constitutional right OF the owner
of slaves against unlawful interference.
V. That such legislation was adopted in 1893,
by the second Congress elected finder the Con-
stitution, composed OF many of the members of
the Convention who framed the Constitution,
has from that day to this been in active opera
ton, and has been acquicsced in by all depart
ments of the government, national and State,
and the Legislative power of Congress on this
subject has been recognized by the General AS
sembly of the State Of Ohio in their statues ;
by the Supreme Court OF the United States,
and by the Supreme Courts of Massachusetts,,
New York, Pennsylvania, Indiana, Illinois, Gail
ifornla, by the Supreme Court Of Ohio on the
circuit, and, indeed by the Supreme Courts Of
every State in the Union where the question
has been made, and has never been denied Ivy
the Supreme Court of any State-thc Courts
Of Wisconsin, notwithstanding the popular I'M
preston, not forming an exception.
J VI The right to rescue escaped slaves from
their owners being denied to all citizens of the
United States by the observation-disclosures
having prohibited it, and enforced the prohlbi-
3 bition by pcnalties-thc Supreme Court of the
United States, and Courts of the free States
having recognized and acqulesced in such legls-
? lative punishment, if the question is not thus
put beyond the reach of the private personal
r views Of judges. and if they possess Judicial
e discretion or power to override, on the authorl-
ty of their individual opinions, this unbroken
current Of decisions, and this acquiescence Of
3 tho States of the Union, and change the settled
i Interpretation of the Constitution of the Uni
s ted States then there is no limit, and no re.
straint upon judges making at any time, an(
, under any circumstances, their own individual
Il opinions the arbitrary interpreters Of the Con
= stitution.
d VII Whatever differences of opinion may
now exist in the public mind, as TO the power o
Congress to punish rescuers as provided in TIL,
acts Of 1898 and 1850, no such vital blow i,
u given either to constitutional rights or STATE
d fsovereignty by Congress thus enacting a law t.
punish violation of the Constitution OF tn
y United States as to demand of this Court TIL
@ organization of resistance. IT, after more thai
l. sixty years of acquiescenee by all department
of the national and State governments, in tn
power of Congress to provide for the punish
: hent of rescucrs and escaped slaves, that powe
y is to be disrcgarlcd and all laws which may b
r passed by Congress on this subject from hence
forth are to be persstently resisted and nulli6ed
the work of revolution should not be begun b
Il the conservators of the public peace"