The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-06-04
- From the Columbus State Journal Mqv311
THE OBERLlN HABEAS CORPUS-DECISION
OF IHE OHIO SITPREME CnIRT

Inc decision of the Supreme Court in the appli-
cation l"r discharge of Bushnell and Langston
convicted OF violation of the Fugitive Slave act
az az tne recent term of the United States District
court Tor the Northern District of Ohio was an
nounceo Yesterday afternoon, all the Judges being
present The decision of a majority of the Conrto
namely, Chief Justice Swan and In6os g. "a
Feck-Was against the prayer of the reIators
Judges Brinkerhoff and Sutff dissented from fbn
majority of the Court. 'A' ''0
Whatever may be the cOnhictinp nonulor OWL;
ions upon the decision rendered by a MAJORITY of
the Court, the people of Ohio will doubtless regard
it as the deliberate judgment of the highest tribu
nal OF the State, and will respect it accordingly.
| We give below a synopsis of Judge Swans opin-
| ion. We had hoped to have given the opinion en-
tire In this issue of our paper, but it was retained
by Judge Swan for revision. The synopsis how
ever, presents the main points:
JUDGE SwANNs OPINION.
Judges Swan, Scott and Peck held:
l. Ihat the provisions of art. 4, section 9 of the
Constitution of the United States ''No person
held to service labor in State under the laws
thereof escaping into another SHALL in consequence
OF any law or regulation therein be discharged from
such service or labor, but shall be delivered up on
CLAIM OF the party to whom such service or labor
| may be due, guarantees to the owner of an es-
| capped slave the right of reclamation
Ii. That a citizen who knowingly and intention
| aly lnteriereS with, for the purpose of rescue
| or rescues from the owners, an escaped slave is
guilty of violation of the Constitution of the Uni
ted States whether the acts of 1898 and 1880 COM
monty called the fugitive Slave laws, unconsti-
ILL., That the question in this case is not whether
the Fugitive Slave act of 1850 is unconstitutional
| In respect to the appointment and powers of COM
mlssoners the allowance of a writ of habeas corpus
| the mode of reclamation, &C., but whether Con-
| gress has any power to pass any law whatever
hoWeVeryust and proper in its provisions, for the
reclamation OF slaves or to protect the owner of an
escaped slave from interference when duly assert
| ing his constitutional rights of reclamation
~. That Congress, from the earliest period of
the 1 Government has by legislative penalties, vim
| dlcated the Constitutional right of the owners of
| slaves against unlawful interference
! V. That such legislation was adopted in 1893 by
tue ia congress elected under the Constitution
composed OF many of the members of the Conven-
| ton who framed the Constitution; has from that
DAY to this, been acquiesced in by all the denart-
ments of the Government, National and State: and
! the legislative power of Congress on this subject
has been recognized by the General Assembly of the
! State OF Ohio in their statutes bv the Supreme
| Court of tbs United States, and by the Supreme
| Courts of Massachusetts,, New York PENNSYLVANIA,
! Indiana, Illinois, California, by the Supreme Court
OF Ohio on the circuit, and, indeed by the Supreme
Courts of every State in the Union where the oues-
ton has been made, and has never been denied by
the Supreme Court of any State-the Courts of
Wisconsin, notwithstanding 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 Constitutions; Congress having pro-
hlblted 1t and enforced the prohibition by penalties;
the Supreme Court of the United States and Courts
OF the Free States having recognized and acqui-
esced in such legislative prohibition and punish
ment, If the question is not thus put beyond the
reach OF the private personal views of Judges and
if they possess judicial discretion or power to over
rule on the authority of their individual opinions
this unbroken current of decisions, and this acuu-
escence 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 re-
stralnt 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, to the power of Con-
gress to punish rescues as provided in the acts of
lf93 and $780, such vital blow is given either to
constitutional rights or State sovereignty by Con-
gress thus enacting law to punish a violation of
the Constitution of the United States as to demand
OF this Court the organization of resistance. If
after more than sixty years of acquescence by all
departments of the National and State Govern
mens, in the power of Congress to provide for the
punishment of rescuers of escaped slaves that pow
er is to be dsregarded and all laws which may be
passed by Congress this subject from henceforth
to be persistently resisted and nullifed, the
work of revolution should not be begun by the con-
servators of the public peace.
Judge Scott orally assented to the foregoing, as
embodying his views, especially in its conclusions;
although he intimated that he would, in a written
opinion, modify some of the details.
Judge Peck delivered an elaborate written opin-
ion, coninciding with Judges Swan and Scott com
prsing review of the decisions of the Courts, and
particularly of the State Courts upon the aues-
tOns involved in the case, and treating the whole
matter a odjudicata.
Judge Sutliff also read a dissenting oplnion
taking the ground that, according to the estab-
lshed rules of construction, authority for Con-
gress to pass the Fugitive Act could be found in the
! Constitution.
Judge Brinkerhoff also dissented from the ma
| jority of the Court.
| REPORTED FGGHr WITH INDGANs-A Texas CORE
spondent informs us (says the Missouri ReluJlicon)
that the Camanche war has been re-opened with
fury Major Van Dorm, who on a former occasion
DISTINGUISHED himself bV defaat of
tribe, has been compelled to repeat his summary
treatment. We annex the letter:
FoET BELKNAP, TEXAS, May %.
An extra express has Just arrived from Camp Rad
zimnsk, (Which left there Friday the 20th,)
with the report that four days previous Major Van
Dorm had fight with the northern Camanches on
prong of the Arkansas river, killed forty and
took thirtysix prisoners. Lieut.. Lee and Capt.
Smith wounded. Several soldiers wounded and
two killed. The express leaves for Camp Cupee.
WIN. BURKETT, Postmaster
p. s. From four to five hundred men from Jacks
Tarrant, Parker, and Erath counties, have been
encamped for several days fifteen or twenty miles
below the Brazos Indian Reserve Intense ex-
citement prevails. They threaten to attack the
Reserve. W.B
PHENOMENA AT SEA.-The bark RoLa, Captain
Rogers, from Galveston April 81, and the Bar 2Sth,
with sugar, cotton, &c, to 6. A. Ferris & Co.,
rived yesterday. He reports that he had head
winds most of the passage. May 4, lat. 270 n.
long. 92o 49 1917, (in the Bay of MeXico) passed
through Il SUBSTANCE On lne surface VI tuc water,
resembling coal tar both in appearance and smell;
. in some places the water seemed to be boiling, and
a smoke steam arising from it, similar to that
caused by pouring hot tar into the water. This
substance extended the surface of the water
from n. W. to s. E. as far the eve could see
The smell such as to produce a nauseating SEN
sation. The substance was about milein width,
from n. E. to S. w. The vessel was heading north
when she passed through it. Supposed it to be the
effect of an eruption at the bottom of the Bay or
Gulf Immediately after passing the same, Capt.
Rogers experienced violent hurricane.