Kenosha tribune & telegraph. [volume] (Kenosha, Wis.) 1856-1859, 1859-06-09
Decision of the Ohio Supreme Court.

Decision of the Ohio Supreme Court.
Most of the democratic papers appear to be
exceedingly happy, because a majority of the
Judges or the Supreme Court Of Ohio, have re-
fused to grant relief in the case of the imprison
cd ObSrlin rescuers. 1t is we'll to consider the
facts and see what is the real cause for democrat
ic re joicing. The majority of the Judges have
simply announced, that they will not consider
the provisions Of the fugitive slave act as a new
or original question: they insist that the courts
afOretime have passed upon itand it is therefore
their province only to bow meekly in subms-
sion. So it seems the democracy are iubilant be.
cause the Ohio judges refuse to consider the oues-
ton in accordance with their own convictions
of right. They are mere instruments, and
do only as they have been permitted, or have pre-.
cedent for doing This attitude of the court ap.
pears fully from the statement found in the
opinion of Judge Brnkerhoff one of the minority,
who declared in favor of the release of the pris-
oners: he says Of his colleagues:
"A majority Of my brethren, as l understand
them, admit that If this were new question they
would be with me, and that they Weld the strong
lesnings Of their minds to the force of the ruIe
OF res G6judita alone"
Thus it appears the majority of the Judges
who refused TO grant the relief prayed for acted
contrary to their convictions of right they de-
Iiberately did what they cOncienciously believed
10 be wrong, and this qualification of the Judges
isjust now what the democracy are SO iubilant
about. A slavish submission 20 acknowledged
wrong, ia in these times evidence of a faithful
and true democrat
The minority Of the Ohio Court have met the
question of the validity of the fugitive slave act
on its constitutional merits; they have taken
their stand upon the true construction of the con-
attuti0n, and the majority; by their confession,
will net attempt to controvert it. And it is very
likely that no attempt in any quarter will be
made to overthrow the argument of Judge Brin-
ksrhoffi We shall only hear the plea of prece-
dent, and the duty Of submis sion to the rulings
OF courts in past time. The attempt to Justify
the constitutionality OF the fugitive slave act Of
1850, in It's provisions for the reclamation of fugi
tives, is one III which few respectable LAWYERS will
venture to engage. Even those who believ thai
Article Sec. 2, of the Constitution Justly refers
TO property in negroes, can find no justification
for the infamous provisions of the Fugitive act
itself
The majority of tho Ohio Judges disclaim OK
pressing any opinion on the constitutionalitv Of
the Fugitive slave act they say the question
before them is, mot tohethor the fugitive act OF
1901 10 unconstitutional in respect to the appoint
"ent and Poicers Of commissioners, the aEIo,conce
o. me 'cr't OF ha6eds corpus, the mode of rsclaua>
H0", &c" The reason why an opinion on these
matters is declined, is obvious. TIL. ,nro;r,
meht OF commissioners by the mode expressed in
the act and comforting upon them the powers. OF
court, to hear and determine cases affecting the
rights and liberties ofpersons, finds no authority
IN the constitution, butts clearly violation of
that instrument The express provisions of tn,
u ). Constitution are, that the judicial function
aries ofthe United States shall be appointed b,
the President, and with the advice and consent
OF the Senate. The fugitive act confers the an
pointment of these U. S. slave hounds on the
courts 30 too the Ohio Judges very wisely
oechhe TO give reason for a disalowance Of
the writ of habeas corpus when the constitution
eNPiess'y declares 1t shall not be SUSPENDED.
careful review OF the action Of the Ohio G.,
preme Court exhibits precisely what kind Of
triumph the democratic party are now exnl,iro
over 1t IS SIMPLY because the Court aconiesc
in that which is morally wrong, and which H.,
acknowledge to be legally unjust. wera :, COZ,
sidered as a "new question"