Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1859-06-03
The Habeas Corpus Gases.

The Habeas Corpus Cases.
, Syllabus of the Opinions Of Chief Justice Swan
and Peck. Justice, Concurred in by Scott,
Justice.
Judges Swan, Scott and Peck held -
/. That the provisions of Art. 4, Sec. 2, of
the 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 law or regulation
therein; be discharged from service or labor
but shall be delivered 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 reclamation.
Ii. That a citizen, who, knowingly and in
tentionally interferes with, for the purpose o.
rescue or rescges from the owner an escaped
slave is guilty OF violation of the Constitution
of the United States, whether the acts Of l79c
and 1850, commonly called the fugitive slave
laws, are uncoDstitutional or not
III. That the question in this case is. rot
whether the fugitive act of 1850 is unconstitu
tional in respect to the appointment and pow
ers of commissioners. the allowance of a writ
of habeas corpus, the mode of reclamation, &C.
pAt ~ SpIjSiNo ILL., S"H BpftA ~ RNN
any law whatever, however just and proper, il
its provisions, for the reclamation of slaves, OF
to protect the owner of an escaped slave from
interference, when duly asserting his c~onstitu-
tional right of reclamation.
". That Congress, from the earliest period
of the government, has, by legislative penal
ties, vindicated the constitutional right of the
owner of slaves against Unlawful Interference.
V. That such legislation was adopted / III
1893 by the second Congress elected under the
Constitution, composed of many Of the mem
bers of the Convention who framed the Con
s%titution has, from that day to this, been il
active operation, and has been acquiesed in by
all departments of the government, national
and State and the legislative power of Con
gress on this subject has been recognized by
their statutes by the Supreme Court of the
United States, and by the Snpreme Courts OF
Massachusetts, New York, Pennsylvania. Indi-
ana, Illinois. California, by the Supreme Court
of Ohio on the circuit, and, indeed, by the Su-
preme Courts of every State in the Union
where the question has been made, and has
never been denied by the Supreme Court OF
any State-the Courts of Wisconsin,, notwith,
standing 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 the Courts of the free States
having recognized and acquiesed in such legis-
latix,a nrohihifiOo anI TrrpI.hroaof If tho 1J1ac
ton is not thus put beyond the reach of the
private personal views Of judges, and if they
possess judicial discretion or power to override
on the authority of their individual opinions
their unbrokencurrent Of decisions and this ac-
quiecsence 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 arbitrary inter
prefers 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 1893 and 1850. no such vital blow
is given either to constitutional rights or State
sovereignty by CONGRESS thus enacting a law
10 punish Il h1OittliD1 OF the CONSTITUTION Oi Tile
United States as to demand of this Court the
organization of resistance. If, 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 to be ~disrcgarded and all laws which may
be passed by Congress on this subject from
henceforth are to be persistently RESTED and
nulliied, the work of revolution should not
be begun by the conservators Of the public
peace.
Kew the War will Affect our Finances.
A letter from the New York Tribune's
Washington correspondent thus specuates up
on the effect of tn war iii Europe will exert
upon our finances here:
''The first effect of the war in Europe will he
to return our Government, State and Corpora
ton Stocks, for sale in the United States, and
to deplete lis of specie at any sacrifice. About
S500,000,0 G0 of this sort of indebtedness are
estimated to be held abroad, and in the large
demand for money created by the loans which
France, Russia, England and Austria have
thrown upon the market simultaneously this is
the most ready resource. If the war should
become protracted, as now seems to be reason
ably anticipated. then American securities of
real value must rise, as affording the only safe
reliance for investment amid European compli-
cations. Although it was supposed Louis
Philippe sat on his throne unconscious of the
approaching storm which ten years ago swept
the Younger Bourbons from the throne, there
was reason to believe he had prepared for the
worst, by prudent purchases of real estate in
New York.
Il has been said, too, that Louis Napoleon
profited by the example. At all events, while
no immediate advantage can result to us as a
nation, by this mighty conflict, except in the
checking of those excessive imports which al
ready had begun to excite alarm, the ultimate
benefits, if a full crop of breadstufB should be
realized, are certain. The manufacturing in
terests generally must also improve by the dis
turbcd condition of things on the other side,
and an impulse will be given to agriculture, that
may, in some degree, compensate for the spec
Native spirit and idleness engendered during
the last few years by a mistaken governmental
policy, The crash which carried down such a
number of bankers in England, at the first
news of the French and Russian alliance. can
not fail to react to some extent here, and is al
ready felt in the fall Of Jacob Little.
Death of a EGiser.
The Newark IN. J.) Mercury says On
Tuesday of last week. at his stanA bouse nm H,-