Year: 1859

The con stituton to bring order and uniformity oht
OF such confusion and anarchy, there is none.


1t is true the judicial departments Of the Nation.
al or State Government might, under pretence of
an Interpretation Of the Constitution be guilty OF
papabic violation Of It's provisions demanding tho
impeachment and condign punishment of the
judges and it might be the duty Of every othet
constituted power Of the State and of the people
to resist such reasonable practices.


And even conceding that it would be the duty Of
State to deny the authorit, of the Supreme Cours
of the United States to en- force upon State In
depreciation Of the Constitution, which palpably
and clearly violated reserved rights or State sover-
eighty, is there anything in the history OF tho aet
of Congress, of 1893; the quiet and almost unan-
imous adoption of it by Congress; it's long con-
tnued operation without objection to the authori-
ty of Congress to legslate; no State, after the
lapse Of sixtysix years, denying the Legislative au
thority, and recognized by every State IN which
the question has been raised do, l say, such Cir
cumstances demand Of State Court to assume the
power of disregsrGing the settled Interpretation Of
the Supreme Court Of the United States, and re-
sisting the authority of the National Government


1t was said by Mr.. Madison ut may be q mis-.
fortune, that in organizing any Cover nment, the
oxplicoton of its authority should be left to any
of its coordinate branches There Is no example
in any country where it is otherwise" Ell iosts
debates, 523. And, may add it cannot be other
wise without intestine war or civi commotion.


The sense of justice of the people of Ohio has
been shocked by some of the unjust provisions OF
the fugitive acts. 1t is not the authority of Con-
gress to legislate that they deny, but it is the
abuse of the power.


= L. Al - n. 4
if the power to leglslate is denied, the duestioh
can be put an end to by repeal. 1t is The only
Constitutional mode left. The other alternative ID
intestine war and resistance of our National Gov
ernment.


All must admit that the OWNER of escaped shaved
is entitled to their reclamation Good faith to
sister States demands it and there would be no
resistance in Ohio to fair and just law affecting
that object As to who shall legslate upon the
subject, if the provisions of law its execu-
tion from all abuse, and by whose instrumentaiity
it shall be humaney carried out, is q question up
on which no intense public feeling could be ex.
cited. For myself member of this Court, I
disclam the judicial power Of disturbing the set
ted construction of the Constitution of the United
States to the legislative authority of Congress
upon the subject, and must refuse the expert
ment Of initiating disorder and government collis.
ion, to establish order and evenhanded justice.


do not repeat here the judicial arguments sui-
tanning the power of Congress, which have been
pronounced by of the soundest and Sisest
judges that have adorned the American bench
for it is my deliberate and confident conviction,
(unswayed by my feelings as citizen of free
State when dealing judge with this necessary
stain upon the National Compact of Union, and
however much the argument for the denial Of the
authority may preponderate,) that the question
has by time, acquesceuce and adjudication passed
beyond the reach of Judicial consideration Of pre-:
ponderance of argument certainly beyond the
reach of question before this Court


AS a citizen would not deliberately violate the
tives from service But if weary, frightened
slave should appeal to me to protect him from his
pursuers, it is possible, nigh: momentaril5 for
get my allegiance to the law and Constitution, and
give him covert from those who were on his
track-there are no doubt many Shareholders who
would thus follow the instincts of human sympa-
thy. And if l did it. and was prosecuted, con
demned and imprisoned and brought by my
counsel before this tribunal on a ha5eas corpus;
and was then permitted to pronounce judgement
in my own case, trust should have the moral
courage to say, before COP and the COUNTRY, ns l
am now compelled to say, under the solemn duties
of Judge bound by my official oath to ststaiR


the supremacy Of the Constitution and the Law
1.-The prisoner must DO remanded."