Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1859-06-05

ioesatieoally intsrfsres with, for the purpose
Il rsssus or rsseuss from the owner sa -
sapsd slsve, y guilty ef violattso g the
Constitution Of the United Staess, wuetnsF
sets Of 1898 and 1850. com0enly GALES the
fugitive slsvs laws are uneenstisuuoeas o.
not.
III That the question In this case 10 not
whether the fugitive oct OF 1880 u uneon'
stitutioual in respect TO the appointment
and mowers of commissioners, tho allow
ance of q writ Of habeas corpus, the mode
Of reclamation, etc; but whether Cong ess
hss any power TO pass any law whstever,
however Just and proper in its provisions.
for the reclamation of slaves, or TO protect
the owner Of a. escaped slave from Inter
ference, when duly asserting bis constitu-
,ional rights Of reclamation.
Nv. That Congress, from the earliest pc
Rod Of the government. has. BY Legislative
penalties, vjndicated the constitutional
right Of the owner Of slaves against unlaw.
ful interference.
v. That such legislation was adopted in
1898 by the Second Congress elected under
the Constitution, composed Of many Of the
members of the Convention who framed
the Constitution, has. from that day 10 this,
been ia active operation, and has been &C.
auiesced in by eli departments Of the Gov
eminent, national and State; and the legis.
lstive power of Congress has been recoy-
nised by the General Assembly Of the State
Of Ohio in their statutes, by the Supreme
Court Of the United States, and by the Su-
preme Courts Of Massachusetts, New York,
Pennsylvania, Indiana, Illinois. California,
by the Supreme Court Of Ohio on the cir
cult, and, indeed, by the Supreme Courts Of
every state in tho Union where the ques
ton has been made, and has never been de.
MED by the Supreme Court Of any State
| the courts of Wisconsin, Notwithstanding
the popular impression, not forming an ex-
ception.
vi. The right to rescue escaped slaves
from their owners being denied TO all citi-
zens Of the United States bv the CoDstitu'
ton; Congress having prohibited it and en-.
forced the prohibition by penalties; the Su.
preme Court of the United States and
Courts Of the FREQ States having recognized
and acquiesced in such legislative prohibi-
ton and punishment, If the question is not
thus put beyond the reach Of the private
personal views Of judges. and if they pos
SECS judicial discretion or power to override
on the authority Of their individual opin-
ions this unbroken current Of decisions and
this acquiescence of the States Of the Union,
and changed the settled interpretatio'. of
the Constitution 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 Opin'
ions, the arbitrary interpreters Of the Con
stitntion.
VII. Whatever differences of opinion
may now exist in the public mind, as to the
power of Congress to punish rescuers as
| provided in the acts Of 1898 and 1850, nc
such vital blow is given either to constitu
tional rights or State sovereignty by Con-
gress, thus enacting law to punish viola
| ton Of the Constitution of the United States
as to demand Of this Court the organization
of resistance. II, after more than six years
of acquiescence by all departments OF the
National and State governments. in the
power of Congress TO provide for the pun
ishment of rescuers Of escaped slaves, that
power is to be disregarJed and all laws
which may be passed by Congress on thi
subject from henceforth are to be persist
emily resisted and nullified, the work O
revolution should not be begun by the con
SENATORS Of public peace.