The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1859-06-07
Decision of the Ohio supreme Court,

Decision OF the Ohio Supreme Court
The decision of the Supreme Court of the
State of Ohio, sustaining the fugitive slave
law, and refusing to release the Oberlin
slave rescuers, puts an end to the agitation
Of the legal and constitutional question in
that State. The only resort of the aboli.
tionists is now the open and avowed attempt
to nullify a plain section of the United
States Constitution. They must, in theiI
language, "reform the judiciary of the
State, as well as the Union, to establish theiI
doctrines. The monstrous principles tc
which they will now be driven will paralyzC
and destroy them. 1t is the severest blow
TO the "nigger agitation that its promot-
ers have yet encountered. Whatever may
be the popular feeling, the people of Ohio
will submit with respect TO the deliberate
judgment Of their highest tribunal, and will
frown upon every attempt to evade or multi.
fly it. The following is synopsis of the
leading points in the opinion of the Chiei
Justice:
j. That the provisions of Art. 1, Sec. :, OF
the Constitution of the United States: " No
person beld to service or labor in one State,
under the laws thereof, escaping into an
other, shall, in consequence of any law on
regulation therein, be discharged from such
service or labor, but shall be deli 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 re-
clamation.
III. That n citizen, who. knowingly and
Intentionally interferes with, for the purpose
of rescue, or rescues from the owner an es-
capped slave, is guilty of violation of the
Constitution of the United States, whether
the acts of 1893 or 1850, commonly called
the Fugitive Slave laws, are unconstitutional
or not
III. That the question in this case is, moi
whether the fugitive act of 1850 is uncon-
stitutional in respect to the appointment OF
| powers of commissioners, the allowance oil
a writ of habeas corpus, the mode of recla-
nation, &C., but whether Congress has any
power to pass any law whatever, however
/ just and proper in its provisions for the re.
| of an escaped slave from interference, when
duly asserting his constitutional rights o.
reclamation. -.
| ~. That Congress, from the earliest pc.
/ riod of the Government, has, 10y Legislative
| penalties, INDICATED the constitutional right
of the owner OF slaves against unlawful in.
reference.
V. That such legislation was adopted il
! 1893, by the second Congress elected under
the Constitution, composed of many Of tn,
members of the Convention, has from thai
! day to this been in active operation, an,
has been acquiesced in by all Department.
of the Government, National and State, an,
the Legislative power OF Congress on hi.
subject has been recognized by the Genera
Assembly of the State of Ohio, In their stat
utes; by the Supreme Court Of the United
States, and by the Supreme Courts Of Mas
sachusetts New York, Pennsylvania, Indi
ana, Illinois, California; by the Suprem,
Court of Ohio on the circuit and, indeed
by the Supreme Courts of every State il
the Union where the question has becI
made, and has never been denied by Ia,
Supreme Court of any State-the Courts o
/ Wisconsin, Notwithstanding the popular inn
preston, not forming an exception.
VI. The eight TO rescue escaped slave.
from their owners being denied to all citi
zcns of the United States by the Constitution
Congress having prohibited IT, and en-
forced the prohibition 10y penalties SUI
preme Court of the United States, anC
Courts of the free States having recognized
and acquiesced in such legislative punish.
ment, if the question is not thus put beyond
the reach of the private personal views o
judges, ana If they possess judicial discretion
and power 10 override, on the authority O
their individual opinions this unbrokel
current of decisions, and this acquiescenc'
of the States of the Union, and change th
settled interpretations of the Constitution
of the United States; then there is no limi
and no restraint upon Judges making n
any time, and under any circumstances
their own individual opinions, the arbtrar,
interpreters of the Constitution.
VII. Whatever difference of opinion ma,
now exist in the public mind as to TN
power of Congress 10 punish rescuers a
provided in the acts of 1893 and 1850, A.
such vital blow is given either to cOnstiiu
tional rights or State sovereignty by Con
gress thus enacting a law to punish viola
ton of the Constitution Of the Unite,
States as to demand OF this Court the or
ganization of resistance. Ii after more tina
sixty years of acquiescence by all depart
ments of the National and State Govern
ments, in the power of Congress to provid
! for the punishment of rescuers of escape
slaves, that power is to be disregarded an
all laws which may be passed by Congres
on this subject from henceforth are to l
persistently resisted and nullified, the Iwor
of revolution should not be begun 10y til
conservators of the public peace.
TIE CosT OF FoREIGN TRAyEL.--One VII
has been abroad saws travelling in Englan