Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-05-31

! ful 10 tho Constitution aud the Laws made In
Pursuance thereof On the hearing Of the
| llabeas Corpus Oase, Bushnell and Lsngston
Rsmanded 10 Prison.
The Ohio Statesman Of this morning says
On yesterday afternoon the Supreme Court
Of Ohio assembled in their Chamber in tho
State House ut 81 o'clock, all tho judges boz
ing present. Chief Justice Swan proceeded
10 deliver the opinion Of a majority Of the
Court, on the application OF Bushnell and
Langston, convicted and under sentence for
participating in the Oberlin rescue case, to
be discharged from imprisonment. Tho
Chief Justice pronounced very able and
conclusive opinion in writing, affirming tho
conStitutionality oftho Fugitive Law, which
we will hereafter, IL we can obtain Il, lay be-
fore tho readers Of the Statesman Justice
Peck also delivered very ablo opinion Ol,
30 in writing, on the same side, aud Justice
Scott orally conourred in the opinions Of the
Chief Justice and his associate Justice Peck
with tho understanding that he might here
AFTER prepare and writo out an opinion upon
.he subject.
Justices Brinkerhoif and Sutlif dissented,
tho former making a very unbecoming and
nonsonsiuai stump speech against tho law
and in favor Of discharging tho prisoners,
and the latter giving utterance to weak
and fceblo argument on the same side Of the
question.
The opinions of Chief Justice Swan and
Justice Peck, concutred in by Justice Scott,
were severe rebuke to Gov Chase and his
Attorney General, walcot, both Of whom
had lsbored diligently to induce the Court,
to do that which they themselves wero pre-
pared to do, viz disregard their solemn
oaths to support the Constitution oftho Uni
ted States, and plunge the State Of Ohio i'm
10 a revolutionary attitude. We rejoice ex>
ceedingly that the Chief Justice and the AS
sociates Pock and Scott stood firm against
all pressure, and proved themselves above
the reach OF the traitorous band, who have
cndesyorel to disgrace the State aud bring
on fearful collision between the authors
ties Of Ohio and the United States Tho
conduct Of the majority of the Judges will
meet with the hearty approval Of all good
and loyal citizens, while the associate Judges
who disscnted, the Executive and Attorney
General who urged rebellion against tho
Federal Authorities will DO repudiatod by
all parties, always excepting Giddings and
h;u ,rayy nF lroitnroua fanaIi,a
Tho Governor Of Ohio, and his Attorney
General, the organ ofthe Nullifyers, the
Ohio State journal, and MIR, Donnison, who
made such haste to sympathise with the Die,
unionists, are, by the decision of the Court
placed in a most humiliating position. They
have encouraged and given aid and comfort
10 the reasonable doings at Cleveland -
They have throughout sustained the violent
and disloyal acts of the Obcrlin rescuers,
and now they find themselves rebuked, in
the most unmstakeablo manner, by the Su,
preme Court Of Ohio. Rapidly will these
men and this organ cease to have the respect
and confidence Of the people, by whom they
will hereafter be regarded US enemies to the
peace and good order Of society,
Since the above was written we have been
furnished with Syllabus of the opinions oil
Chief Justice Swan and Justices Scott and
Peck, which we insert below
Judges Swan, Scott and Peck held -
|, That the provisions of Art. 1, Sec, 9
of the Constitution of the United States
mo person held 10 service or labor in one
State under the laws thereof, escaping into
; another, shall, in consequence of any law oi
5 regulation therein, be discharged from such
service or labor, but shall be delivered up on
claim Of the party TO whom tho service OF
labor may be due" guarantee to the owner
of an escaped slave the right Of recama-
ton
II. That a citizen, who, knowingly and in,
tentionally intericres with, for tho purpose
Of rescue or rescues from the owner nm es
capped slave, is guilty of violation of the
Constitution Of the United States, whether
the acts of 1898 and 1850, commonly called
the fugitive slave laws, are unconstitutional
or not.
Ill. That the question in this case is, not
whether the fugitive act of 1850 is unconsti
tutional in respect to the appointment and
/ pONoIb VI uilOWhhCt VI U
writ OF habeas corpus, the modo of reolama
ton, &c, but whether Congress has any
power to pass any law whatever, however
lust and proper, in its provisions for the re-
clnmation of slaves, or to protect the ownel
, Of an escaped slave from interference, whoI
duly asserting his constitutional right of re-
clamatiOn.
u ~. That Congress from the earliest pc.
Il riod Of the government hAs, by Legislative
: penalties, Vindicated the constitutional Tigh
II OF the owner of slaves against unlawful in
= reference.
. " That such legislation was adopted il
: 1893 by the second Congress elected undc
: tho constitution, composed Of many Of tn
il membors Of the Convention who framed til
:, Constitution has, from that day to thil
~ been in active operation, and has been nc
~ quiesced in by all departments Of the gov
D. ornment, national and State and tho legi
at lative power of Congress on this subject hG
=, been recognised by the General Assembly
- the State Of Ohio in their statutes by III
D. Supreme Court of the United States, and
at the Supreme Courts Of Massachusetts,, Ne
re York, Pennsylvania, Indiana, Illinois, Cal
- lornia, by the Supreme Court of Ohio on Il
:. circuit, and, indeed, by the Supreme Cour
II of every State in the Union where the que
40 ton has been made, and has never been
B.. MED by the Supreme Court Of any State.
the Courts Of Wisconsin, notwithstandil
the popular impression, not forming an e
ception.
vi. The right 10 rescue escaped slay
from THAR owners being denied to all Gil