Fort Wayne Weekly Times in Fort-Wayne, Indiana 4 Jun 1859
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Fort Wayne Weekly Times (Newspaper) - June 4, 1859, Fort Wayne, IndianaBitou Puglia her and i popu Verroe established As a whig journal a. D to the Union the Constitution and Laws. Be Deakin . Volume 19, fort Wayne Allen county Indiana Satu data evening june 4, 1859, number 4 i i c h Tot t w a y f to Tyr i Mustion and the fugitive slave act have never i vat i to Ixl Ujj j. I decision of the supreme court of Ohio of. The of the a Totive Law. Year after year the abolitionists of sonic of he judges Scott and Peck concur j. K. Swan cd. J. Supreme court of Ohi it is proper to say that a judge of this or the supreme court of the state in regular ses Sion has no More jurisdiction or judicial Power. States of the North have studiously a. In which i Rise upon Hareas Corpus than a probate Judyn to bring the civil authorities of the Simca i of county. Each must be governed by the and those of the United states into direct col same rules and each Aro invested Wilh the same vision. On the subject of the fugitive slave act not for tie Benefit of the negro but solely to give fanatical politicians a Hobby on through deceit and and Tho innumerable horde of lesser politicians were to gain the attitude of official As in considerate and unscrupulous statesmen coun Sel War for the purpose of distinction to them selves not caring one Sliver How Many of the honest yeomanry of the country the real Flower of the country Are to fall by the sword or How impoverished May be the , or what widowhood or orphanage May Coli from it and All this inc foment cars of these strikes Ore not to suffer so Long As such Are not called into the ranks to form a part of Tho sol Diery. And it May be Well inferred Liat were these champions of civil foment ers of suffer from their own rash acts As do the people whom they involve that peace and quietude would reign Between nations. With a proper regard for our Union where Federal and state governments exist in one yet each Sepa rate but harmoniously intended and inseparable without disaster to the Economy of the system we. And All should remember that when the parts begin to War with the whole that though the Tiole prevail yet it results in such a defection As must destroy All the Good advantages of a a Anton leaving but one phase in which to View prostituted Union of without a heart Union in Legal not in attachment. Does it not occur to these fanatical men who have been swayed into that party by the sophistry of Utitz men that Iho Constitution of the u. S., the Laws made pursuant there More no less. The realtors being brought before us on Hareas Corpus our inquiry must tie confined to such questions As Are property cognizable under that writ the return shows that the sheriff of Cuya hoga county hulls the rely fort a custody Unk a a sen tence and judgment of the District court of the United states for the Ottense of rescuing fugitives from service. The judgment of the District court is conclusive and precludes All inquiry on Hareas Corpus unless it is a nullity. Waiving All questions made by Cou Ilsel As to the Ota slate judge on Hareas Corpus to declare the sentence of a court of general Juristic Ion invalid it is very Clear that we cannot on a to legislate on Thi subject is a deliberately and of a Law is to be disregarded and the Law itself fully sullied by decision of the supreme court annulled whether there be nov Lingin our gov of the United states As any other constitutional eminent so settled and stable As not to be liable question that has been presented for us Clennin to attach overthrow to vacillation and cling a sit Ion. Moore is state of Illinois 14 Linn 13 Ulm if after this hips of time a new and vet in Jones is. Prigg is. Com. Tried Experiment upon this and All other Irurita Pennsylvania 10 put. Guu United states is. Ting questions of Constitution i Law is to be enter Booth 2 1 How. Hep. In que t d and a precis Cut set by the judges of this that court have held unanimously that Inas court that no question Van be put to by time much As the of the United states or acquiescence when will thu Consi Rucin of secures by express provision he right to the re inc cd institution be settled and the land Murks of lation of escaped the obligation to pro the several departments of thy Goveri and enforce the constitutional right devolves the states be permanently fixed v a Merit and Clani Tuioi Teytand to upon the general government. On the other hand i we have an unbroken and uniform current of it has been insisted that the rights of the master judicial decisions recognizing the legislative pow to his fugitive slave must to left o such or of Congress upon this subject to the present Tion of the Dif Crent states As icy Niny deem just and expedient and that the National govern the United states confers All the Power necessary a creators of tie Public peace to break upon slaves for their reclamation and j those judicial sanctions which guide my limit therefore neither Congress nor the states can i their personal discretion and Aru the Only Safe legislate others that the amendment to the con guards against arbitrary and capricious tyranny Whit h secures Freedom of religion be Beas corp is go behind the sentence and revise inks prov Imon in relation to the reclamation and review the previous proceedings of thu court i of slaves subordinate to it and by implication of for instance if these Reluford had been tried by a upon those who believe shivery a packed jury found guilty without sufficient proof sell to arc declared to be and arc necessarily supremo and therefore do not have to depend on thu Uncertain diverse or part xau interpretation for Force and cd v the Toledo Ulgado of the Organ of to pcs the very Antithesis of this Plain and interpretation. In speaking of the decision of the majority of thu supreme Uench of Ohio of the fugitive Slavo act and which decision or the Points thereof we shall says that judges Sivan Scott and Peck Only their duty in giving Legal effect to that opinion if they believed the fugitive slave act to be valid Law and of binding Force upon the people and authorities of says the Blade we think tin re w Little Routon to doubt thai the dissenting judges brinkfrhoff and More Natty represent acc Linen if not the Tatj Nuion of the Levy la of this statement is certainly made Al her by a madman or an ignorant one and we Don t care which the editor of the Blade eschews but we rather think him wanting in in Correct of thu of government und its practical Workings if what is properly inferred from his quoted remarks be inc basis of constitutional Hinl is ii while the Constitution lasts Lam will of the majority say a majority of tin of the individual pro pie be the supreme Mimi ilm Constitution is tic Ceplice and unavailing Kis undo Sionil Hiril is in Cuil h Uii Timi of the i. In Ilie supreme of Thi i u of nil tie Prngle of demagogues and above All Tetter Urill filing among Luicir Zuur -s.uth, Antl in most of the free Slaw it Lennot fail to have struck the most casual observer that the most Liberal men North and South Ion Lioy can Itil Reform make hut thu basis a National organization Ami under the dinner t. Onions that. Tact with Southern men than motives of self liberality of in Elinor for who r i ii t l i a ii to i i i.1-, till of the North have Ever Buen Jinx Elj Tusl tvs us Miv a Loul i 1-h.isi be distinguished. Hence the Greal a mses v alive class us tie Republic is Cluss. Unce in thy midst of lire dealers the Southern Pul incl of and or no Jjlia Havu failed to read the is Guinlyn. Thu Only real living a question in ring question however or about therol its . Or abour the policy or Alj jut the Zelinn lit licit y of our Public Surv love May learn a lesson from this fan Al As the and practically any Law it Scafer i acted Ity however in its detail Piovia Sims it May lie. It is not simply realtors this court dealing Wilh list also i Law. Prisoners can Only ice this a Oil Iju wrist ii upon Sand. For did Nim the existence of any such Power. We Tuisl of u Hunes of j u o state or National Over the saiik4 pm ii Jile each rear Titi die tunic within us fits own Powers could tit Ruei ills a similar bin us year 11 the Tia Silv inor ninja a he ight train of thir seventh la Gimein of work and in ii same cars ran off the track one fourth of a City of Itoh Mosij. Arc but the by ginning t inic North of Salle Kulion in of Iii rna Lional running Over n cow that kept Iho and courtesies. Let All the the and sixteen curs Are a to the Iii Mitis tin Odd Kelly tvs and others a Ollove Hill url Itna Elv in lives u-.-n.1 lost nor tin excellent Uxa Nittle Selthum by tie sir t in any wounded. A Winch this i has held material and substantive and which they have been unable 0 Lind in the forms Ber Cloore used. So in ibis Case if under any Sulu of facts a could be de and punished under the eth s Section of the fugitive act for rescuing a slave although the other sections of the act in respect in inc in which escaped slaves May be reclaimed were in Consoli Luliona and void we cannot on Hareas Cor pus look inc indictment found in a court authorized to pronounce Seu Tonce Lor such an of wrote to Edward Everett oct., air. Mad Ison said Toboso who have denied or doubted tic supremacy of Tho judicial power1 of lie United Stales and denounce at the Samc time a nullifying Power in a stale seem not to ii it Lulic Ruil o Tho user of n. Super Camcy in a Law of Tho land without a Timir Eunicy in tin. Export Ijoma and execution of Ihu Law nor to Dihl rut Moa of nil equipoise Between flip Federal govern Pic it an4 the stole if. While the the former arc directly or indirectly elected of tic St Nice in their poin Nicut nil responsibility a Lilly of the United states no control of Wiy sort belonged to Trio United states Over the avid cite that it would to in the Power of thu staler individually to pass Laws and to carry them into Complete it fact any thing in the cons ii tuition and Lawn of the United Stales to Llie Cuiru by . This would a Power in in plenary Char Aoler and a lick her it had Sta final effect through inc legislative co Eunive Orui Licary Organ of thu Stilto would to equally fatal to Tho constituted relation Between Iho two governments. Lib Liq tic provisions of he con bit Tuitoo As hero Recci veil be found not to secure the government and rights of the Stales Figa Irisi Fahji usurpation Ami Ahi Irica on the part of the l. A Tho final resort within Tho Constitution lies in in Anion umut Uchic according to a process apply Stiblo to the Tho following opinion of pm go Swan Canto to band Sinco to wrote the above and being so full and so por fact a vindication of Tho Law As Al so of legislation to give it for he history it contains which will to of vast consequence to ii to though Ulicy talk of the Federal con with Ilir Dittimus in Coji of the record. The Dittimus itself Lio Wurr. Uns and is in i a mrily Tor holding the Ruit Lorri it i wit i Tom laity the of Chi Neil. Nuni and dial a acid by of Lair Rei i i d. And nut ice in it tit Ilia Mitti mid Jindi Ita Purl of Liis a Citrin ice our inns diction on Hareas t Orphis. Tin Dis trial i our has Vic Hinic if it have any und in Quint revise error or to 1 Tion in Niti we of judgment the of the or of the fuels con tallied in it. No one would re Tui that the Brinn Gnu who have Licen Cutie ice a of murder in the second and sentenced to the i nil Nii try for could on Hareas he cause the indic until no of a the rates lilt Wisconsin have been riled As an to i this in Forni ind Uhro Lvii i current of of Dion to thu Hority one Coin i h Tuti Ozial Ltd not in de the on f Llie Ilire which compose that id thai inc liijriiivt.1 lavas Wen ind void hut Tiv maj oily of tin Conn Pinion hut my Una thu Oil Nisi purpose to kill and ingredient Ollinse Tiow and on acc Nimit of Tho it of which Wund have justified the court in pronouncing the sentence to arrest the judg Lucyl or an i appellate court to reverse it icon Gros t have no Power to legislate at All facts May exist in which the Legal right of inc owner is rom cd eleven to the fugitive Independent of mlle god proceedings jul interference might be punished. The Only ground therefore upon which the re gators can by logo behind thu Sci Chuh Section of Llie net and Infin Jiin that con i Oss never had any legislative Power under the Constitution of Tho United Stii ies to provide Pun ish Niento for a. Person who rescues an ecu inn slave. This position if sustained by the Coilet cuts up by the roots All Laws Winch have been passt in and idl Laws which May hereafter be Biassed bar Congress relating to the reclamation of fugitives. It not Only disposes of this seventh Section of the act of whole Law. Now under consideration but Tho neither the Case before us nor the question Shils broadly presented requires us to consider or de Termine the Powers of the court to appoint com missioners or the provisions of the Law which have been the subject of discussion and condemnation and which have us deeply agitated the Ueni description of the Slattery out described in the slave in. The Assembly of the slate of Ohio hive also in St Lules of the stifle Thi fugitive slave Law of 17i a us Ope live and in Force. Swan s Kyj. 18-10 51hj, 000, Lii Eon Loiry and in this to our decision or not. Lint in h that a Lignal government would he Content to permit the Laws to in Ullin until Luicir Coti Tiitu i Ina Lily mild by exam tied Inlo ind decided by the supreme court of the United Stales. Perhaps they would for great fur Bearance is due sovereignty. It 1 us surprised those who sire set anxious for this court to utterly disregard and and pict silly reverse thy decision of Llie supreme court no Ihu United singles did the decision a Atli violation Ruvi stoics Emanil Nui be s terms and Llie evil i mid consign punishment of in its earliest formation. July of every Llie judges audit might b other Power of the stale Ami of Llie her up in Laski Hinchl h. Is As she can Waddle around to people to resist such treasonable practices. And even Conee Iligir that in would in the duty supreme court of the slates to enforce a state interpretation of the Constitution which Palpa no Rich in ses i us a hoop upon her it Oil a Wilh ill the artificial adorn Mesils of and feathers and ers and fondness of dress will thus by come u Proui Piunt Iii will ii Mir not a hit of or. the Cour Losy to the medical profession but in utter Euini tent for hut the Stock holders of the Road p. I. C. Ii. It while on Tho in dimness ther Euljy making them of mtg fare ruling i rails paid Tor by their Tom a Bly and clearly violated is served rights or stale to a Long step toward spoiling sovereignty is there and think in the of the j to l or visit so much that Slu-11 mis no Adol of the Juiet and almost Pine is Home and thereon will not be ill in i Nimons adn lion of in by Congress ils Tuy there and learn Hoiu duties. In in n the whole attention of the immortal and which they Are no i receiving Viiu cent our ii Lihu Liu Teu the decision no the Toni inked Opi Ralin without Olav Cimon to Llie an i spoiled in Jihu Rio seek All her Mimi male courts nully look to the courts to set of Congress to legislate m. Stale vis Linn and Chanku of i lie what has already been determined Iho lapse of sixty six Yiirs denying the ,. Shu will thus Krow us useless us modern by Llma court and do Laid by in to be with int Tivi authority and by every stale in fashionable parents Deli it that they should u Ever been made by the supreme our of the uni Ted s titles or by any the from St lies does Ihu Jue lion bind if the the United Stales not been formed mid a i Nion of the slates thus Cre ated each As distinct states would have had the Urt ilor fuimtanioiilj1 luxe of to have decided fur itself upon its own internal condition and in its own territories. If any of them while thus responsible alone to Llu in own people should have introduced slavery other nations or slates would have had no just right to interfere nor would tin1 people of foreign slates he responsible politically or morally for it. The Constitution of the United states was framed und thu Union perfected subordinate to and without violating the fundamental Law of nations to which i have alluded and it would therefore have been in vain for the government of u free stale to in Sist unit they would enter Inlo no compact be cause slavery i wrong and unjust. The people and the government of 110 one state of this Union Are responsible politically or morally for the i cystic institutions or regulations of the others. In the compact of i Nion the haulers of the Constitution guaranteed to the owners of escaped slaves therit hit of reclamation. It is made apart of inc to be de Only by the Power thai made it in the form prescribed by it. It was designed to be a Pectic Bible and Pence How it can be seriously is is any question in his ease 1 do not pen i sorted that Ihor which thu supreme court of the l nit cd states would deem an open one Lor consideration or adjudication nor can i perceive if the decisions of the supreme court Are now to be disregarded Ami while the United Are Tvr from year to year in obtaining he Barren Irnis of reversals of the decisions of Mir tribunals Llie legislative Power of nov not in the meantime be persistently denied and repudiated Indri nicely. When will this Happy slate of Friendly which tin Ipi Stiim has him ii Raivo do i say 4. Let her Reading consist of of t such Ercums lanes leu and of a stale court to seating Siili mental kind. She will in Utju tiled assume the Power of disregarding the silk d in sooner than if she pit used Hisun a or Ter relation the supreme court of the United Jur heart will he occupied by Ucli Thiim scenes and j Ihu authority of the Xali Unal 1 it Mav be n slates and resist ii government. It Wassail by or. Madison tlv.t.1 in by Llie indication of its Auto Iorii should left to any of its co ordinate branches. There is no example in any country where it is y i Mutl a debates bit 2. And i May add it con not he otherwise without War or civil commotion. The sense of Juskiw of Llie people Ohio has . And Lial is worse which they never will. We did n t Thok Nia Hood by l stockholder to paid full fare to and Back Alliance Ami in that we Are More than Richer in and Hud inc privilege of voting Hie Thompson one of he most ii erupt of tin and you Bave recorded Hoie we owe you if it Wero possible to value in dollies and cents would to Lee hangs her mid Uund Wilh Niue allies and her flir let Suin of Aims ii laced on fashion Ana dress and Roma lie attachments. It our vill4j it. Lie careful Tiit her i Luction her a the supreme court of the l filed Silies been slicked he some of the f 11 to i ,1 if in tie Inea Lime the Power of Lvi Gress is denied Ami resisted As a usurpation by the state of ohm. Is the duly of the National j abuse of if the u u not the authority of con Gress to legislate that they deny but it is the in Power. It lass imperative to her null or i that abuse is to be remedied by Congress and smattering of nil tic accomplishments without j not tend dared not even Sou the slightest Knowles a of the really use. Bank fill in life. Your daughter won t be spoiled so Long As she has a real desire to by useful in the world and aim at its if Bur mind and Tinc Are occupied in merits then will be no of the necks site and virtue of of some real Usy to somebody pervading her in Art and she will be soon As a spoiled daughter. I in la did it 1 Llie alarm of a an Krupcy arising Nul of the mismanagement o we Iii they then pro mulch. Say or. Itai Luy i flu a will you get Hack Tho and the due the Bolh which Yon i a Feu a when in Tyr the ii Aini of u you Acci pled u pass uni Elliat read for which you am in pay four fold the use of the question before us is whether who seventh Section of the fugitive Law under which these re tutors were sentenced is a nullity for want of legislative Power in Congress to pass any Law relating to fugitives from labor. H icily be Pyrce Scalt Ofutt Ira no ques Tion Utt with a jew which the promo Utitz of re tors teas Fuu mkt or the of select Imp the jury go Willemen Olio Lin a priness will he Jiu As to the legislative Tullio Iii of coi Igros for her upon Llie sul decl and i must Reluse Ihu if initiating Disord Crand col been questioned 1 do not the Constitution of the Tini cd to ills declare the Constitution and Laws of Iho United stated made in pursuance thereof shall be the supreme Law of Llie land Ami Llie judges in every stale shall by bound thereby anything in the hut they Aro not in Issue or the proper subject of j been Over since thatt in discussion or argument in the determination o the question before us. They Are so fur us these Rula Tois Are personally concerned Trilling and but in Active practical operation throughout every i fora judicial department the government National and Suto ill Only re i or Laws of any stale contrary curved und acquiesced Inas thu Law of the land this was the. Ural step. The lives Iroku service. Hut if frightened evanescent compared which May result from the present action of this court for if these Rulu tors Are discharged it must be i repeat on the ground that the Laws of 17u3 and 1850 Ivo always Hen void Anil consequently Thiol those Ami All other Laws passed of any kind will now and from henceforth lie persistently resisted by Tho state of Ohio. I say henceforth persistently resisted because it will be found i think thai the sumo my Judic Ilion which determines that has no Power to pass any Law determines Ulso a precedent that the construction of the Constitution shall depend upon Tho shifting of private opinions of every judge in Ivory state who is called upon to give it an interpretation whatever May be the decision of Ihu supremo court of the United states. It must by conceded that the no incr of Congress the consequences slate in the Union. Enacted at the commence j uie Geh nil Povur Anent a b that judicial Power shall extend to nil cases in Law and equity arising under this coi imitation tie Laws of the United states and treat it s .tc., Art. Ill sue. 1. Niento of our government it bus been in Active on Era Tion or sixty six years. It is conceded by the counsel for Tho Rel Alors Llinat if Congress have no Power to Lugi Lule on ibis subject they never Hail any Power to Cigis with Respet to the Boundary of Juristic a into upon the subject of fugitives from Between Tho Avdi my and suite i the swim Ria soils for holding thai the one is a i i desire to say anything but this that usurpation of legislative Power is Equi Illy fail to Whin Cozik toss has and Eikon to enforc.-, 1 should Appeal to me to protect him his pursuers it my allegiance to Tho Law and give him a Covert irom those who were on his track there Are no doubt Many who thus instincts of human sympathy. And if 1 did was and Imp is in and Broth rat by my counsel Luj forc Tai Tri thu other Lloil stand precisely on Iho same ground. The Kyo Cuativo departments inc suites of the Union have i Boli ovo upon and 1 am not aware to Many have denied the constitutionality of Iho Law of Congress for the rendition of fugitive criminals it my now be Well asked if such a Long period of recognition and the existence is lotion a right guarantied by the Constitution itself after the Power has been by All the highest tribunal of the Stales of the. Union before whom the question has been presented acquiesced in by tie country for sixty six years and if Supit added to these circumstances thu Federal tribunal in cases arising under thu Constitution repeatedly held that Congress have the i Tower it is too late for the othe court politics. Good for that. Here is an Trust i should have the moral coinage to say lie lure cod and the country As 1 am now c in peed to say under the solemn duties of a judge Lound by my folic ii oath to sustain the of thu Constitution and Tho Law this prisoner must by remanded 1 a new daily paper called Tho hns Bucu started it in Ulison of an Independence in decision by covet. A decision was made in Trio Case of Strong is. Clem last week by the supreme court which is regarded of importance. It under tie statutes of Jibo Lisins Dower and a us Witul ing a in simple estate in it Siead. Our Rej veers will recollect Llinat m the Case of Tkv Vitug und Noel decided a year and a and abstract of which was Iblis Ltd at the time the cml decided that the statute if and to of Era Teil in inv Tutti and not pro Spe Hudy and Thiol inchoate rights of Dover were i him Jon by cause we. Thai is of Dower possessed by wives whose still living the Case now decided foil i Iii. Tho King und Noel Case n practical application of the principle then Dull a bring of Timeir in is woth rothing is in r held in in e n Yorlli Iriart we tint or. Ellis of the go times is to deliver the address to Usu edit ors who May Convene at on the 1 Atli inst. We announce Peter p. Lailey is it candidate fur in this Avis Priit. Will second Llie Iannou in Erik it. First in the congressional Iii Ivess of is Tiu. 1 in Iiga inst world 1 if we of this City can to get the Nom Why we can pm Slop Kaik Yvo printing Oil ice can t Pinju Ray in ived. Any Hailey a Aupi Wiist else. Hurra i. National u til Road. Sound Tho Oiler Points in the Case but the important on. J a Bifid had conveyed property the Law one general Unive Ival. Uni isl Lipinn unus n is re into wife tit joining in twin . L in folic Iii and a u to Ile Eil. Nutly to the into Lurt Cul 1 re Mairm to Pili i won t the tie husband Siwl the Wile now j a list Ali Olin was the land from the Liu Liand j for oms Lam a of it in tha do hat rive in a away will your Jig i Ileal that she Ronld not a cover the third in fire Ami let have an Oul and a lil Cense Tho entire fee was non Vereil t race with Ritu is Trio deed of the band under the As it stood at the time of tie conveyance Ami thai Ulici legislature had no Power to deprive the purchaser of any part of the Verv incr no that wants to and Tho the hindmost. Hurra for our Side to an incl Oak. Right of it. Sii Corinti Nucal of Tho w s r r h t Chi Wocl Criso had deprived the wife of b that had thai interest nothing was a location. Now if the other managers of left to Lam wife and hem a she Road Tom dul by it will the St step the Road of Reform
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