M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1859-06-09
Syllabus OF the Decision In the
Late eFugitiVe.sIaVe Rescue Case
nv our SuDreme Court.
April 4, 1859.

Judges Swan, Scott and Peck held;
|. That the provisions Of article a, sec.
ton 2 Of the constitution Of the United
States: "No person held TO service or>lsbor
in one State under the laws thereof, esca-
ping into another, shall, in consequence ol
any law or regulation therein, be discharged
from such service OF labor, but shall be de-
livered 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 oil
reclamation.
9. That a citizen, who, knowingly and in
tentioually inteTferes with, for the purpose
of rescue or rescues from the owner an es-
capped slave, is guilty of violation of the
Constitution of the United States, whether
The acts of 1893 and 1850, commonly called
the Fugitiye,slaye Laws, are unconstlIutlon-
al or not,
3. That the question in this case is, not
whether the fugitive act Of 1850 is unconstl.
tutional in respect to the appointment and
powers OF commissi oners, the allowance oil
writ of habeas corpus. the mode Of reclama-
ton, etc., but whether Congress has any
power to pass any law whatever, however
Just and proper in its provisions for the re-
camation ofslaves, or to protect the owner
of an escaped slave from interference, when
duly assertnghis constitutional rights oil re-
clamation,
a. That congress, from the earliest period
of the government, has, by legislative PEN
alties, yindicated the constitutional right oil
the owner Of slaves against unlawful inter
ference.
5. That such legislation was adopted In
1893 by the second Congress elected under
the Constitution, composed Of many oi the
members of the convention that framed the
Constitution; has, frsm that day to this, been
in active operation, and has been acquiesced
in by all departments of the Government,
National and State; and the legislative pow
er of Congress on this subject has been rec
oonized BY the General Assembly Of the
State of Ohio in their statutes, by the gu
preme Court OF the United States, and by
the Supreme Courts of Massachusetts,, New
York, Pennsylvania, Indiana, Illinois, Cali.
form ia, 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 de.
MED By the Supreme Court Of any State
the Courts of Wisconsin, notwithstanding
the popular impression, not forming an ex-
cep;ion.
6. The right to rescue escaped slaves from
their owners being denied to all citizens oil
the United States by the Constitution; Con-
gress having prohibited it and enforced the
prohibition by penalties; the Supreme Court
of the United Staes and Courts Of the Free
States having recognized aud acqdiesced in
such legislative prohibition and punishment,
if the question is not thus put beyond the
reach Of the private personal views Of Judges,
and if they possess Judicial discretion OF
power to overrule on the authority of their
individual opinions this unbIoken current Of
decisions aud this acquiescence Of the States
of the Union, and change the settled inter-
pretution 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 opn-
ions the arbitrary interpreters of the Consti'
tuition.
7. Whatever differences Of opinion may
now exist in the public mind as to the pow
er Of Congress 10 punish rescuers, as proyi.
ded in the acts of 1893 and 1850, no such vi.
tai blow is given either to constitutional
rights or State sovereignty by Congress thus
enacting a law 10 punish violation OF the
Constitution o the United States as 10 de-
mand of this court the organization Of resis-
tance. II, after more than sixty years of ac-
quiescence by all departments OF the Nation
al aud State Governments, in the power ol
Congress to provide for the punishmen: ol
rescuers of escaped slaves that power is to
be disregarded, and all laws which may be
passed BY Congress on this subject from
henceforth are to be persiStenty resisted and
nulifed. the work Of revolution should not
be begun by the conseryators OF the public
peace,