Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-06-02

The Habeas Corpus Cases--the Gazette.
We extract the following surprising, curl
Gus and inconsistent language from the
Dayton Gasefts Of ssstevdag morninE a.
The decision Of Judge swan, Scott and
Peck--a eyllabus Of which We prssent ID
another column-is impregnable. Their
arguments are unanswerRble The Fugi,
tive Slave Law, 6dious as it is, IA ell its
parts cannot be legally resisted The
Courts, National and State-Republcan
and Democratic-haye invariably pronounc,
ed u constitutional Every effort hitherto
Of resistance has ended in the punishment of
the resistants. The remedy therefore, is in
repeal or amendment not in force.
The arguments "are impreguable, = that is
undasOerable and therefore correct and log,
ical Hence the Gazette believes the Fugi.
tive Law to be Constitutional, and thinks
there Is no go.tiag around that conclusion
Now, we are wonderfully mistaken il our
neighbor has not heretofore taken the po-
sition, and upheld IL with all the ability Of
which he is distinguished, that the Fugitive
Act was unconditional Perhaps we are
lahoriDg under a mistakc-hope we are
but we certainly did understand him to saw
a few days ago, that he always thought the
said law unconstitutional but believed IL
bad policy to resist its execution
But he says the proper remedy is in re.
peal or ameHdmenti and further on, 10 or
der to define his position the more clearly,
he declares the law should be unconditioni
ally repealed. Ifa law is against the wish
es OF the people, they undoubtedly have the
right to procure its amendment or oven re.
peal, but if the constitution which is the
compact, condition and bond of union of the
States, recognizes the right Of masters to re-
claim their fugitives, and also the right Of
Congress to legislate on the subject, would it
not be an act of bad faith to repeal all laws
for the rendition of fugtives, and leave the
master at the mercy Of such men as Gid,
dings Chase and Dennison Would any
true patriot, or consistent advocate of the
Union, as it is, disregard the compromises of
the Constitution, and the very items ofthe
confederation themselves, and practically
deny sister States the rights and privileges
guaranteed by that Union We think not.
But after all our neighbor is coming
right as fast as could be expected. See
with What truth and sarcasm he treats the
inevitable tendency ofGoyernor Chase's ad.
vice
If the Supreme Court of Ohio had reversI
ed the decision of the Supreme Court of the
United States, and dismissed the prisoners,
they would have been Immediately arrested
and imprisoned by the Marshal of the United
States. Then, if the State authorities had
interlered conflict would have resulted
Who would have ventured to take up arms
against the General Government Would
Governor Chase have called out the militia
and put them in battle array Who would !
pay the troops Would he have summoned
the Democratic Legislature, in Extra Ses-
sion, to provide ways and mcans-to vote an !
army and navy--to furnish the officers
arms and ammunition--to resist the Army
OF the United States ! Would Gov. Chase
emphatically a man of peace, who could not
look on blood and carnage with compoc |
sure head the Army Of the Western Re |
serve in Marengo or Austerlitz encounter
with Lieut. General Winfield Scott2 Would |
Gen. Joshua II, Giddings, with his Oberlin |
regiment charge like Napoleon at the |
bridge of Lodi against the artillery and in
lantry of Generals Twiggs and Wool, posted
at the fords of Yellow Greek ? The truth
49, the very idea of resistance is ridiculous.