Year: 1859

|
ment so settled and stable a5 not to be liable to
attach and overthrow, to vaciaton and change
and after this lapse Of time a new and untried ex-
pertinent upon this and all other irritating ques-
tions Ct constitutional law is to be entered npon.
and precedent set by the judges of this court.
that no question can be put to rest by time or ac-
quiescence when will the construction of the con-
stitutior be settled and the land marks of the sew


eral departments Of the government and the States
be permanently fixed?


4 we have an unbroken and uniform current Of
Judicial decisions recognizing the legislative pow
er OF Congress upon this subject to the present
time.


i 1t Its authority is now to be resisted BY the |
State if her government is to repel BY force now


and hereafter the authorities Of the United States
in the execution of any and every law on this


subject does it become the official conservators of


the public peace, to break through those judicial


sanctions which guide and limit seir personal dis


cretion and are the only safeguards against arb-
trary and capricons tyranny, and be the first to


nitiate such civil commoton? .....
i am Of the opinion, and think tho calm iudg-


mcnt of others will concur with the opinion, that


in view Of these decisions Of the Supreme Court of


the United Staos settling the power of Congress


in view of the adjudicatons Of the Courts of the
free States affirming the power in view Of


the acquescence Of all departments of the Nation
f al and State governments during two generations
, that the Judges of a State Court have no judi
cial right to inSerpose their individual opIn-
: ions upon question thus disposed of-change the


Interpretation to what they believe it should be
( overrule the adjudcations Of the Supreme Court
D Of the United States and the State Courts-strike
down the legislative power of Congress pow and


from henceforth-resist and persstently, on the
authority of their private judgment and judicial
discretion thus assumed over the Interpretation of


the Constitution of the United States, the future


exercise Of all authority by every department of
the National government, and force upon the State
of Ohio ard its people the maintainance of the
authority Of their own individual opinions as Con-
stitutional law.


1t is said by the counsel for tie relators, that
these are two seperate cases of habeas corpus, in
which the court simply discharge two persons from
what it thinks unlawful imprisonment; that their
decision may be reversed on error by the Supreme
COURT of the Uni:ed States, and there end. We
DO not think 80. II we discharge these relators


upon the annuncaton of the principle that Con-
gress has no power to pass any fugitive law, that


principle, instinct with life and action throughout
the State of Ohio, gigantic in dimensions and


State governmental force, mperatively demanding
obedience from every citizen and officer of the
State and National Government as the supreme
law of the land. and practically nullifying any
law hereafter enacted by Congress, however cons
ttutional in it's detailed provisions it may be.


tbs not simply these REALTORS this Court is deal
ing with, but also constitutional law. These pris-
oners only be discharged by this Court declar-
ing that Congress has power to legislatc. 1T
this Court say that, do they it only as to


these relators, and that the acts of Congress have


operation and effect in Ohio as to everybody else


And if, after striking down the legislation of Con-


gress in this case will this Court wait until the


Supreme Court of the United States have reversed


their judgment, before giving force and effect 20


the law of this case? If this Court hold that the


acts of Congress void, they are imperative


and practically void. as if never enacted, from that
, moment; through every department of the State


government, whenever and however the question


may arise. As TO the national government,


throughout al its departments, the power o! Con-


gress to legislate, will DO acknowledged, and the


laws held valid and in full force and binding obli-
CATION upon the people of Ohio, Notwithstanding


the decision of this Couri to the contrary, and
whether writ of error is sued out in this casa to
reverse our decision or not.


But it is said that the National Government


would be content to permit the laws Of Congress


to remain imperative in Ohio until their constitu'


tionality could be examined into and decided by
the Supreme Court of the United States.


rb,p uonld for forhearanca =
due from each sovereignty. But am somewhat
= surprised that those who are so anxious for this
b Court to utterly disregard and repudiate and pac-
! tcally reverse the decision of the Supreme Court
: of the United States and the decision of the State


Courts, mildly looking to that Court to settle wha:
d has already been settled and determined by that


Court, and declared by il to be without doubt or
question.


. do not perceive how it can be seriously asser-


ted, that there is any question in this case which
the Supreme Court of the United States would


deem an open one for consideration or adjudica-


ton nor can perceive if the decisions of the Su-
y preme Court are now to be disregarded why they
IS NAV not continue to be disregarded and while
the United States engaged hereafter from year
to year in obtaining the barren fruits Of reversas
J, of the decisions Of State tribunals the egisla
y tive power Of Congress may not in the meantime
1t be persisenty denied and repudiated indefinitely
" When will this happy state of friendly litigation


in the Supreme court o! the United States begin, il
,s in the meantime, the power of Congress is denied
is aud resisted as usurpation by the State Of Ohio
Is the duty of the national government less imper
alive to enforce her authority and resist what sh
Of believes usurpation than the State governmentG
r. No governmental rule can be evolved by cOnstruc


ton from the Constitution of the United State
e without practically becoming part of the Consti
Of tuon itself. Thus it, in Ohio, no laws can b
p passed for the reclamation of slaves by Congress
81 bu. laws on that subject may be passed by tn


General Assembly and in Illinois, and other frs