The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1859-06-22
NulliAcatiOA I'm Chic.

~ WIN AA''"ot'o SoiP D o"Sc, JUST uetcI-
mined in Columbus, Ohio, Chief Justice
Swan, and Justice Scott and Peck held
|. That the provisions of Art. 4, Sec. 2,
in the Constitution of the United States
NO person held to service or labor in one
State under the laws thereof, escaping into
another, shall, in consequence OF any law or
regulations therein, he discharged from
such service or labor, but shall BE- delivered
up on claim of the party to whom suci,
service or labor may be due" guarantee to
the owner OF an escaped slave the right of
reclamation.
IL. That citizen, who, knowingly and
Intentionally lnterieres with, for the purpose
OF rescue or rescues from the ON ner OF an
escaped slave, is guilty of a violation of the
Constitution of the United States, whether
the acts OF 1913 and 1850, commonly called
the fugitive slave laws, are unconstitutional
or not. .r rse.-. -A.. Son "a
III. That the question in this case is, not
whether the fugitive act of 1850 is uncon-
stitutlonal in respect to the appointment
and powers of commissioners, the allow
ance of 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 interior
ence, when duly asserting his constitutional
rights of reclamation. H.
~. That Congress, from the earliest Pc
Rod OF the government, has, by legislative
penalties, yindicatcd the constitutional right
of the owner of slaves against unlawful in
reference. -...-- .-..
IF.
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 to this,
been in active operation, and has been &C.
auieseed in by all deDarsmsptsn of -thnasnL
lative power Of Congress on this subject has
been recognized by the general assembly Of
the State of Ohio in their statutes; by the
Supreme court of the United States, and by
ths Supreme courts of Massachusetts, New
York, Pennsylvania, Indiana, Illinois, Cali
fornia, by the Supreme court of Ohio on the
circuit, and, indeed, by the Supreme courts
of every State in the Union where the ques-
ton has been made, and has never been
| denied by the Supreme court of any State
the courts of Wisconsin, notwithstand-
ing the popular impression, not forming an
exception. ~@
W. The right to rescue escaped slaves
from their owners being denied to all citi-
Gems OF the United States by the constitu-
ton; Congress having prohibited it and en-
Supreme court of the United States and
courts of the free States having recognized
and acquiesced in such legislative prohibi-
"A q,
thus put beyond the reach of the private
personal views Of judges, and if they pos
sess Judicial discretion or power to overrule
| on the authority of their individual opin-
| ions this unbrokcn current of decisions and
this acquiescence of the States of the Union,
and change the settled Interpretation 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
opinions, the arbitrary Interpreters Of the
constitution.
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, no
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 sixty
years of acquiescence by all departments Of
the national and State governments, in the
! power of Congress to provide for the punish
ment of rescuers of escaped slaves, that
power is not to be disregarded and all laws
which may be passed by Congress on this
subject from henceforth are to be persis-
tently resisted and nullifed, the work of
revolution should not be begun by the con-
SENATORS of the public peace.