Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1859-06-03

| syllabus of the opinions of eJuStiees Swan,
Scott and Peck, comprising aKmajoFity of the
SUPREME Court Of Ohio, In the Habsas CoTpns
cases: "a b. &g 81
Judges Swan, Scott and Peck .hcld:t
I.5That the provisions of Art. a Sec. 2 ofsthe
Constitution of the United States: mo person
| held to service or labor in one State under the
laws thereof, escaping into another, shall, in
consequence of any claw or regulation therein,
be discharged from such service OF fuboT7sbut
shall be delivered up claim Of the party TO
whom such service or labor may be due, -gaari
antec to the owner Ofaan escaped slave the right
of reclamation ~
tentionally interfercs with, for the purpose OF
rescue or.rescues from the owner an escaped
slave is guilty OF violation OF the Constitution
of the United States whether the acts Of 1898
or 1850, commoulyca thefugitive slave laws,
are unconstitutional or not az .,-.--y.-
| Ill That the question in this case is, not
whether the fugitive act of 1850 is unconstitp.
tional IN respect to appointment and powers OF
commissioners, the allowance of n writ OF haoeaS
corpus, the mode Of reclamation, DC, 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 oil. an escaped slave from ln'
| reference, when duly asserting his constitution
al rights ofreclamation .-5e..,-,
". That Congress, from the earliest period of
the government has, by legislative penalties,
indicated the constitutional right OF tue owner
of slaves againstunlaRful interference
| ", That such legislation was adopteC IN l70S
by the second Congress elected under 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 operas
| ton, and has been acquiesced in by all depart
ments of the government, national and State;
and the legislative powers Of Congress on this
HoSI hV thu (Tnnarnl &.
scmbly of the State of Ohio in their statutes; by
| the Supreme Gourt'of the United States, and
by the Supreme Courts of Massachusetts, New
York, Pennsylvania Indiana, Illinois, California,
by the Supreme Court of Ohio on their circuit,
and, indeed, by the Supreme Courts OF eveTy
State in the Union where the question has been
made, and has never been denied by the Su-
preme Court of any State--the Courts oil Wis
consin, notwith standiug the popular impression,
not forming an exception.
| VI. The right to rescue escaped slaves from
their owners being denied to all citizens OF the
United States by the Constitution; Congress
having prohibited it and enforced the prohibi-
ton by penalties; the Supreme Court Of the
United States and Courts of the free States
having recognized and acqu csced in such legiS-
lativc prohibition and punishment, il the qucs-
ton is not thus put beyond the reach OF the
private personal views of judges, and if they
possess judicial discretion Or'pOwer to Overrulc
on the authority of their individual opinions
this unbrokcn current of decisions and this
acquescencc Of the States Of the Union, and
change the settled Interpretation of the Consti-
tuition 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 arbitroTy interpre-
tiers Of the Constitution.
VII Whatever difference ofopinion may now
exist in the public mind, as to the power Of Con-
gress to punish rescuers as provided in the acts
of 1898 and 1850, no such vital blow is given
either to constitutional rights or State sovc-
rcignty by Congress thus enacting law to
punish violation Of the Constitution OF the
United States as 10 demand OF this Court the
organization Of resistance. IT, after more than
r a,AaEs of acquieSccncc by all departments
power of Congress to provide for the punish ISL.
ment ofrescuers of escaped slaves, that power
is to be disregarded and NIL laws which may be
passed by Congress on this subject from hence
forth are to be persigtently resisted and nniIifed
the work of revolution should not be begun by
the conservatorS of the public pence
Tue ExpERrEScE OF PIKE's PaAKRB.-The
following is the copy of genuine letter from
Pixies panL II ,v,c ,,I,lraccnfl IN. vnnnr- mon