The Daily Milwaukee News from Milwaukee, Wisconsin on June 8, 1859 · Page 2
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The Daily Milwaukee News from Milwaukee, Wisconsin · Page 2

Milwaukee, Wisconsin
Issue Date:
Wednesday, June 8, 1859
Page 2
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THE jr. Cbfler7iutiee Bwaa><riliirtialan. Themble and clear opinion delivered h/ Chief Justice Swan, in the oase ol theObet- lln E^scnere, will be lonnd In onr columns this morning. It needs no commendation.— Every poeition taken hy the Supreme Court of this Statein the case of Booth, is ezambtedan refuted. The venerable Chief Justice of Ohi simply enunciates the' law.' We trust tha every oitiien of this Stat* will read it, an particnlarly those who have perused the miser able apology, for an opinion, of BrinKethofi's which has been promulgated through the republican press. THE NEXT Hotrsi OF The strength of the republican party in th next House "of Representatives will reach ove one"hundred and thirteen members, being six less .than '«'majority. To argue from thi; strength a Republican organisation of tb< House, implies either a union with them of thi South Americans, or six of what are commonly called anti-Iiecompton democrats. The former dare not insult their constituents by such course, whilst the latter would forfeit every claim they have to be retarded as of the democratic party, by so revolting a coalition. The organization of the next House will be democratic, unless a reckless betrayal of their trusts should effect a union of six members outside of the republican party with it for that purpose. HON. SIMOK CAMEKON.—The know nothing republican papers of Pennsylvania are just now pushing forward the claims of Hon. Simon Cameron for the Presidency. The Harrisburg Telegraph, and^the Manncb^ Chunk Gazette, are holding him up in the best'light possible before tbe republican party ; and tbe Warren Mail —a black republican paper—says he would be sure to carry Pennsylvania, and could com bin e the conflicting interests and preferences of other States quite as readily as Mr. Banks, or Mr. Bell, or Mr. Bates, or Mr. McLean, or Mr. Chase, and much more readily than Mr. Seward. A VETIIUK'B SEJTTIMENTS.-~Whilst the late Oberlin anti-fugitive slave law demonstration was going on in Cleveland, Ohio, Col John Johnson, a veteran of the, revolution, and the sole survivor of the few who bore upon their shoulders the remains of -Washington to the tomb, \ras in that city on bis way to West Point The fiaindeairr says, while looking upon the crowd, the old gentleman remarked that it was " a disgraceful, s treasonable demonstration, and was Andrew Jackson in the Presidential chair, he would hang every one of them f THK VIRGINIA CONOEK'SIONAL DELEGATION.—Five (if the regular nominees of the democratic party for members of Congrngs in Virginia were defeated in the late election.— Fonr democratic stump candidates and one opposition have betn oleoU-d over those pnt forward by democratic conventions Jjg"- The Petersburg (Va.j Prext, speaking of Mr Roger A. Pry or, late associate editor of tbi- Washingtt.ij .Vnr™, SRTS : *' This distinguished pentleniau has at length returned to our midst to res-ame the practire of law — While we regrei hit. withdrawal from ill- editorial profession in which he hag won so many laurel;-, we welcome him to hie old home, with the assurtDcr of a cordial prt-eting and a brilliant future.' ., J.: ft is Woper to s«y that a Judge of this dot rt f or the'Snpreme Court of the State, in rega * session, h»s»o more jurisdlotkm,- «r-judic t» power, or disoretiOD, in determioing qaesttaos which arise npon habeas corpus, than a Pro- bite Judge of the county., -Each most be er&ed by the same rales, and each with the same powers—no more and'no, lessj The relators being brought before us on ha beas corpus, onr Inquiry must be confined, to aneh questions as -are properly cognisable nn der that writ. • •-- " j The return shows ihat the Sherift of Cuja hoga county holds the relators in custody nn der a sentence and judgment of the Bistric Court of the United States; for the oflenselo rescuing fugitives, from service. The jndg Bent of the PlstrfcJ Courtis conclusive, am precludes aU inquiry on habeas corpus unless Waiving all questions made by counsel, as {to the powet Of a State. Judge on habeas corpus, to declare the sentence of a Court of genera jurisdiction invalid, it is very clear that we can not, on habeas eorpns, go behind the sentence, and revise and review th» prevrons proceedings of the Court. For'instance, if these relators had been tried by a packed jury, found guilty without sufficient proof, and npon an erroneous and illegal charge of the Court, we could not set aside the .verdict, arrest the sentence, or revise the judgment of the Court. It would indeed be imputing to the counsel of the relators the wildest and most absurd views of the law, to intimate that they can claim AXOTHEE OrrosiTioK CAKDIDATB—Wm. L Gogtriu. tin late defeated opposition candi- dau for Governor of Virginia^ is namnd a can didat. tor President of the United Slates by the TVt*-rhliur-£ Ai/'-//»<Knfrr. THK ''LI. LINE WHIG Orr AGAIN.—Mr Bat»-s, of Si 'Louis, has written a letter to an old whig, advibiDg a general union of the opposition on the broad gronud§ of moderation and patriotism and in this general union bis advice is to ''let Sambo alone." KEW JEHSET OPPOSITION STATE CONVES TION —The opposition members of the legis lature of New Jersey have issued a call for the opposition State Convention to meet in Tren ton on t he 7th of September next. Mr. Botts has startled the Virginian by coming out with an article, the effectjo which ip to show that thf position now assume< by the extreme southern leaders in favor o slavery iii the territories, by Congresstona action, is neither more nor less than the Wil mot Proviso reversed. Edwin Eorrest, H. J. Raymond, John Van Buren and Thomas Corwin are the gen tlemen amonc whom the Elxnira folks are to choos^ a 4th of July orator DAMAGES FOB BREACH or PRO — The K Y Htrald publishes anacoonnl of a trial for breach of promise of marriage al St. L'ouis, which is curious from the fact of the unprecedenWy large damages which the jury awarded to the lady to heal the wounds inflict ed by the faithlessness of the defendant. Th< lady is a Miss Effle CarsUng, a native of New Tork city, and the defendant, Mr. Henry Shaw, of St Louis — a gentleman counting six ty-five years, and said to be possessed of a mil lion and a half of dollars. The lady laid th logs of her peace, and her prospects of shartm a portion of the million and a half, at the sum of a hundred thousand dollars, and the jury brought in a verdict in her favor for the entire amount. In view of the immense wealth of the de fendant, and the other circumstance* of the case, this was no doubt a vary righteous verdict. COLORED COMVLHTIOS.—A call has been ts- sned for a convention of the colored brethren of the New England States, U> be held in Boston on Monday, the first day of August next, to take into consideration the subjects connected with the moral, social and political eleva. lion of the colored race. In the call they say : With the exception of Connecticut, the New England States have magnanimously acknowledged onr political rights, and great progress has been made in our moral and social elevation within the past twenty-five years. But let us, fellow citizens, extend the words of encouragement to onr brethern struggling in other States, until the rights of colored Americans shall be granted and respected every, where. * |^r There is a moral in this very parsoa&t item from thv Troy Whig: "Thereto a girl re- tiding with her parents in the lower part of the city who is 12 years and 4 months of age, and is mother of a child, about a month old.— Its father is only in hit 16th year." No one ean deny them the character of rather progressive juveniles. ; CHASOB OF TIM*.— The Detroit ft Milwaukee Railway have made a change in their time table. Hereafter the- trains will dapart from Grand Rapids as follows: Going EuU-M*U<tnun, 4:20 A.M.; «xpre«a, 10.80 P. M.; jnfked, 6.80 A. M . Going West— Express, 8 OS A.M.; nuU.3.10 . M HO»dtMi fi«mvM*tann4 Rapid* »t 3.80 that a Judge, on habeas corpus, can go behind a sentence, and review and revise the mode in which a trial was conducted. No such claim is made ; bat I refer to the subject, because ihose who are unacquainted with the limitations npon the power of this Court, when deciding upon habeas corpus, are not probably aware, that a Judge would be guilty of high- landed usurpation, and would deserve impeachment, if he undertook to discharge the -elatore on any assumed ground that they were not, in fact, guilty of rescuing fugitive slaves From labor, or had not had a fair and impartial trial. Neither the verdict of the jury nor thejudg ment of the District Court can be collaterally impeached, if that Court had jurisdiction of the party and offence. The verdicts and sentences of Courts in every case would be snb- iect to arbitrary Intermeddling, and might be set aside and criminals discharged by any Judge who is authorized by statute to issue this writ, if a case could be re-examuaed and the justice of the verdict and sentence considered on habeas corpus. And further, if a Court, having jurisdiction over an offence created by a valid and con»ti- .utional law, pronounces sentence, and the con mitment under that sentence is returned on habeas corpus, the form of the indictment or the want of proper allegations therein, Can iot be inquired into ; for the habeas corpus Ban not be converted into a writ of error. In nch case the Court, having jurisdiction over he offence, must itself pronounce the law of he case, and, until reversed by some compe- <ent tribunal, is conclusive on all other Courts, ud puts an end to all collateral inquiry on :abeas corpus. Erparte Watkine, 3 Pet. 193 ; n the matter of Prime, 1 . Barb., 341 ; in the matter of Shaw, 1 Ohio, St. Rep. 81. Hence it s that the statute itself relating to this writ oepts from those who are entitled to the «-nefit of a habeas corpus all persons convicted f some crime or offense, for which they stand ommitted, plainly and specifically expressed n the warrant of commitment. ( Swan's Slat- tes, 450, sec. 1. The District Court, then, having by l»w, if onstitntional, jurisdiction over the offense lentioned in the mittimus, and haying pro- ounced sentence, it must be deemed conclave OD habeas corpus. We are bound to taVe lie return as true; and if the relators could, nder any state of facts, lw liable to imprisonment for rescuing an escaped fugitive in viola- on of the seventh section of the act of Con ress of 1850. the relators mast be renupded II is true that the officer had proeured and as returned with the mittimus a copy of the •ecord The mittimns itself, however, was and is his authority for holding Ibc relatora ; designates with sufficient certainty the cause ! commitment, and the fact thai the officer as procured a copy of the record, und annex d it to the mittimus and made it a part of his «tnm. does not «.lUr our jurisdiction OD La- ess corpus. The District Court has exclusive jurisdiction II it have any , and we cannot revise as npon orror or motion In arrest of judgroi-nt, the sufficiency of the al 1 nations of the indictment or of tb*- facts contained in it No one would claim that the criminals who have been convicted of murder in the seconc degree and sentenced to the ponitentiary fo life, could be discharged on habeas corpus, I* cause the indictment contained no allegation of a purpose to kill; an ingredient of the of fensr, which this court has held material an substantive, and which they have been unabl to find in the forms heretofore used. So this case, if, under any state of facts, a citizen could be indicted and punished under the s*v enth section of the fugitive ant for rescuing slave, although the other section of the ac in respect to the mode in which escaped slave may be reclaimed were unconstitutional an void, we cannot on habeas corpus look int the indictment found in a Court, autborizec to pronounce sentence for such an offence, an discharge, on account of the want for allegations which would have justified the Court in pronouncing tha sentence, to arrest the judg meet, or an appellate Court to reverse it. Congress have power to legislate at all, facts ma; exist in which the legal right of the owner conceded even by the fugitive, independent all legal proceedings and, interference migb be punished. The only ground, therefore, upon wbici the relators can be discharged, is to gc bebin theseventh section of the act, and maintain that Congress never bad any legislative powp u jder the Constitution of the United States provide punishment for a person who rescue an escaped slave. This position, if sustained by the Court outs up by the roots all laws which hav been passed, and all laws which may her en I ter be passed, by Congress, relating to the re clamation of fugitives. It not only dispose of this seventh section of the «ct of 1850, BOW under consideration, but the whole law. Neither the case before us, nor the question thus broadly presented, requires as to eon sider or determincthe powers of the Courts to appoint commissioners, or the provisions o the law whtch have been the subject of discussion and condemnation, and which so deeply agitated the public mind . The question before ns is, whether the ser entb section of the fugitive law, under which these relators were sentenced, is a nullity, fo want of legislative power in Congress, to pas and lUatfAereforeniJttaff Congress nor the SUteroonpegiBlatej'j others^ that thaameno^ ment ito the Constfttttloni whleh s*cnres free, dom of religions belief, makes provision in relation to thwreolamattoa of slaves subordinate to It, and by implication of no obligation upon those who believe slavery a sin. r ' : i < '• <- > "' " Court of .Massachusetts has , . . very fully discussed this question, and also the constitutionality of the fugitive slave law of 1850, and held that Congress had the au- tbdrity to pass a fuglUve slave act. Thomas Sims' ease,? Onsh.JBep.286; Commonwealth T, .Griffith, 2 Hok. Bep.H. , , ,. ., The Supreme Court of Pennsylvania (Kauff. man v. Oliver, lOBarr. 514; Wright v. Deacon 5 Serg and B>aWle, 62 j) the Supreme Court and Conrt of Appeals of the State of New Tork (Jack v. Martin, 12 Wend. 811; same case, 14 Wend. 307; Ex parts Floyd v. The Recorder of New Tork 11 Wend, 18;) Glenn v. Hodges 9 Johns' Rep. 67 jV the Supreme Conrt of Indiana (Graves v. The State, Smiths' Indiana Rep. 268? rCarter 868; Johnson v. Vanam- tinge, 2 Blaokf. 311;) the Supreme Conrt of Illinois (Thornton's case II Illinois Rep. 322; Belts v. The Peopb?, 4 Scam. Rep. 498; Fannay v. Montgomery, Bre. 188;) tbe Supreme Conrt of California (In re Perkins, 2 Cal. Rep. 424) have all recognized the power of Con- gross to enforce by legislation the reclamation of escaped slaves. The Judges of the Supreme Conrt of Ohio, in 1845-46, were Justices Wood, Bnrohard, Reed and Hitchcock. Three of these Judges had this subject before them. The Supreme Court, hi 1846, in regular session in Cnyahoga country, held by Judges Wood and Bnrohard over the Interpretation of the- Cons the Unlte#Stawi; and future .e authoritjfby every department t. Governmmt, and foroanpoii the tnUonalhw. His of al Nation! ofOhlc *•»•• *••**»•» ^*£ •••?** *V*U^ «4VVf* npww "•*' "J 1 u V* *"•»• • and ite'pfbple the mafcttenanoe of th% anther ty of theljr own individual opinions da Const •the counsel tot the relatora tba *^i_Z A_ __U_J_ ^t il.£t..*i~.'....fcw&.i 'these arekWo separate oases of *habeks 'coVpni Jh.whiob.ibe .Court simply .discharge two per 'sous fronj what it thinks unlawful imprison 'ment; thjat their decision may be ravened'ok error by (the Supreme Court of the Unltec •tely :and ftiHy settled by the decision of the Supreme Court of the United States aa any other constitutional question that has been presented for Its determination. Moore vs. 3tat§ of niinols, 14 How. IS; Jones TS. Van Zandt, 5 How. 210; Priggs vs. Com. Pennsylvania, 16 Pet. 589; United States vs. Booth, 81 How. Rep. ; • . That Court have .held unanimously that in. ftgmoch as the Constitution of the United iUtea secures by expiess provision the right to the reclamation of escaped slaves, the bbli- gatton to protect and enforoe;tbe Constitntion- i right devolves upon the general government On the other hand it has been insisted that the rights of the muter to his fugitive slave must » left to such legislation of the different Uatee as they may deem jost and expedient; ind that the National Government are poWer- ess to vindicate or protect til constitutional right; otherB we of the opinion that the power to legislate is oononrrent In Congress and, in UwSutM; othenttmttlwOoMtitntianofHe brought before them on habeas corpus one Richardson, who wag in custody on a charge of kidnapping; he having knowingly aided to carry one Berry, an escaped slare, ont of the State, without taking bim before a Judge or Justice of the county, and there establishing his right of property in Berry, agreeably to the laws of the Unit, d States This was punishable aa kidnapping by the laws of tbie State, passed in 1831, 29 TO!. Stat., 422 — Swan's Stat. Ed. 1940, 600. The court, after referring to the decision of the Supreme Court of the United States, i hat all legislation on the subject of the reclamai inn of slaves is exclusively in Congress, hrM that the act in question, upon whiah Richardson was impruoned, was null and void, un.k-r that decision of the Supreme Court of thi United States. 9 Law Reporter, 316. The power of Congress to legislate on this fubjttct was very ably discussed, and was fully recognized by Reed, J ustice of the Supreme Court of Ohio, in 1846, in the case of the State vs. Hoppess, on habf»N corpus. 2 Wes. Law Journal, 279. The oase to whiah 1 have referred will be detailed, and the ruling of the courts discnsg- ed by my brother Peck I have examined wit li sotne care, the reports of the decisions of the "iher States, and bave >een unable to find a -ingle decision of any Supreme Conrt, of any State of the Union,' denying to Congrvss tin- power to legislate upon this £ object The oases decided by the Supreme Conrt of iVisconsin, have been cited as an exception to his uniform and anbrok-n current of autbor- ty sustaining the legislative power of COD- ress. One of the three jml<. j which compose that lourt held that the fugitive laws were uoeon- titutional and void, L.IU the majority of the ^onrt did not participate in that opinion, but lifoharged the relator o'i tho ground that the offense charged in the ic.lintmeat did not contain a. sufficient description of the statutory Jffense described in th.- fugitive sl«»e law. The General Assemlilv of the Stats of Ohio i»ve also recognized ii. gtatntes of thj State, the fugitive ilave law <if 1793 as operative and n force. Swan's Ed. 1840- 599 900 eet. 22. S7. But treating this qu-.-Uon as it no decision tad ertr been made by the Supreme Conrt of he United States, or by »ny Conrt of the free 'tales, how does the question stand? If the conrtltntion ol the United States had ot be«u formed, and u Union of tbe States hns created, each aa distinct States, won Id lavs had the right, uud-r tbe fundamental law f nations, to h«r<» decid«d for itsell upon its wn internal condition and regulations in its wn territories. If an? of them, while thus e8| alone to lki-ir owu people, should avr introduced slavery, other nulioun or States would have Uad no just right to interfere, nor iulii the people of foreign StaUs be responsible, r>«liti.-,»llj or morallj, for H The constitution of the United States was framed, and Hie Uaion perft-cted, eabnrdinat* to, and with ont violating the faniam^tiLal law of nations, to which 1 have alluded; and it would there for* have been in vain for the government of a free State to insist that they would enter into no compact, because slavery is wrong and unjust. The people and the gorHrnnn-ui of no one State of this Union art! reaponsibfe, politically or morally, for the domestic institutions or regulations of the others. In the compact of Uaion, the frimerg of the Constitution guaranteed to (he owners of escaping slaves the right of reclamation. It is mads a part of the Constitution—irrepealabln— and to be changed only by the power that made it, in the form prescribed by it. It was designed to be a practicable and peaceable mode by which a fugitive from service might be delivered up. It cannot be ex tended by implication ; the fugitive must not only owe service or labor in another State, but mo»t have escaped from it. This is the extent and the limit of the right of the master. The Constitution of the United States went into operation in March, 1789. In 17S3, the second Congress elected under the Constitution of the United States, and composed of many of the members of the Convention which framed the Constitution,an act was passed providing for the rendition of fugitives from justice, and a summary mode for the reclamation of fugitives from labor. By this act, rescarrs, abstractors and harborers al escaped sir ~as, were to be visited with a penalty not eicei- ling five hundred dollars. No juri-4 will deny that if Congrew can provide a rp-nal forfeiture for an alleged violation of law, they have the legislative power to superadd imprisonment for the same offence ; and Hint no court CBT prnnmioce the one constitutional, and the other without leiria- lative authority. This law was passed By Congreas without any traces in hiatory of Constitutional objection ; has been ever since that time by every department of the Government. National and State, not only received and acquiesced in as the law of the land, hot in active, practical operation throughout evsrv Stat* in the Union. Enacted at the commgncement of our Government, It has been in operation for eirty-gix years. It is conceded by the counsel for the reiatori that if Congress hav i the power to legislate on this subject, they never had any power to lesris- lAtw iinnn tUa BnKiooi t\f fiimtlvtw. f»~_ : .$ any law whatever relating to fugitives from labor. It will be pero ived, then, that we bave no question before ns connected with the facts np- on which the prosecution of the relators wag founded; or the mode of selecting tbe jury; or the proofs; or the mode in which the trial was conducted; or the. errors or imperfections o tbe indictment; or the constitutionality of any part of the fugitive act, except the seventh sec tion, npon which the relators were sentenced, These subjects may bave a deep meaning and an exciting interest to these relatora and to the public. But they are not in Issue, or the proper subject of discussion or argument in the determination of the question before us. They are, so far as these relatora are personally ooncerned, trifling and evanescent, compared with the consequences which may result from the present action of this court; for if them relators are discharged it must be, I repeat, on the ground that th« laws of 1793 and 185C bave always been void, and consequently that .hese and all other laws hereafter passed, ol any kind, will now and from henceforth be persistently resisted by (be State of Ohio. ~ say henceforth persistently restated, because it will be found, I think, that the same adjudication -which determines that Congress has no „ D .„ power to pass any law determines also a prs-- power of Congress upon this subject to the cedent, that tbe ooastrootion of the Congtitn- * "— ion shall depend upon the shifting of private opinions of every judge in every State who ii called npon to give it an interpretation, what- ver may be the deoiskm of the Supreme Court of the United States. It must be conceded that the power of Con- peaa to legislate on this subject is as dsliber- upon tha subject of fugitives from justice. Tbe same reasons for holding that tbe one is a usurpation of legislative power, is equally fatal to the other. Both stand precisely on the same ground. The Executive Departments of tbe States of be Union, bave, 1 believe, acted upon, and I am not aware that any have denied tbe constitutionality of the law of Congress for the rendition of fugitive criminals. It may now be well asked if such a long pe riod of recognition and ncqolescence in the existence of a law Is to ba disregarded, and the law Itself annulled, whether there be anything in onr government so settled and staple, as not to be liable to attack and overthrow, to vacillation and change; and if after this lapse of time a new and yet untried experiment npon this and all other irritating questions of constitutional law is to be entered npon, and a precedent set by the judges of this court that no question can be put to rest by time-or acquiescence, when will the construction of the Constitution be settled, and the landmarks of the several departments of the government and the States be permanently fixed? We have an unbroken and uniform current of judicial decisions recognizing the legislative jresent time. If its authority Is now to be resisted by the State; if her Government is to repel by force now and hweafter, the authorities of the Onl- ed States, in the execution of any and every aw upon this subject, does it become the official conservators of tha public peace to break hrongh those judicial sanctions which guide ad limit their personal'discretion, and are the inly safeguard against arbitrary and capricious yranny, and the first to initiate sncb * civil ommoUon? I am of the opinion, and I think .the calm udgment of others will concur with tbeopin- on, that in view of these decisions pf the 8n- ireme Conrt of the United States; settling the >ower of Congress—in , view of the adjndioa- ions of the Courti of the free States, affirming he same power—in view of the acquiescence if all departments of the National and State overnments during two generations—that the fudges of a State Court have no judicial right p interpose their'own individual opinions up- in * question thus disposed of—Change the !n erpretations to what they believe it should be -overrule the adjudications of the Supreme Court of the United'States,, and the State Jourto—strike down the legislative power of Congress now and from henceforth—rlsl wMtently, oatbe Authority of their i^™ tdgnwnt and judicial discretion thni assume States, arid there "end- We do not think so If we discharge these relators upon the annunciation of- the principle that Congress. baa nc power tojpass any'fugitive law, that j principle becomes instinct with life and action through ont the 8 fate of Ohio, gigantic in dimensions and State governmental force, Imperative!; demanding obedience from every eKIien ah< officer of (he State and National govern men as the supreme law of the land, and practical!] nullifying any law hereafter enacted by Con gress, however detailed in its oonsiUutiona provision^ it may be. • v It is noi simply these relatora this Conrt ia dealing with, but also constitutional law.— These prisoners can only be discharged by this Conrt declaring that Congress has no power to legislate. If. this Coart say that, do they mean it only as to these relators, and that the acts of Congress have operation and effect in Ohio aa <o everybody else' And if, after striking down tbe legislation of Congress in this case, trill this Conrt wait until the Snprem. Conrt of tjie United States bave reversed their Judgement, before giving force and effect the law of this oase 7 f I this Conrt hold that the acts of Congress are void, they are jnoper ative, andlas 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 th national Government, throughout all its de partmenta, the power of Congress to legislate will be acknowledged, and the laws held valid and in full force and binding obligation upon the peoplft of Ohio, notwithstanding the decision of thi« Court to the contrary, and whether a writ of tJrror is sued ont in this case to reverse onr decision or not. But it ij said that the National Government would be content to permit the laws of Congress to remain inoperative in Ohfo until their Constitutionality could be examined into and decidod by the Supreme Conrt of the United States. i Perhaps they would for great forbearance is due from iaeh sovereignty. But I am somewhat surprised that those who are no aniiouj for this Cdurt to utterly disregard and repudiate and practically reverse the decisions of the Supreme 0onrt of the United States and the decision of, the State Courts mildly looking to that Cour< to settle what has already been settled and determined by that Court, and declared by (t to b« without doubt or question I do not perceive how it can be seriously asserted that there ia any question in this case which tbe'.Snpreme Conrt of the United SUtes would deetn an opea one for consideration or adjudication; nor can 1 perceive if the decisions of the Supreme Court are now to be disregarded, fvhy they may not continne to Iw disregarded; and while the United States are engaged hereafter from year to year in ot.Uin- ing the barren fruits of reversals of the decisions of 6ur State tribunals, th« legislative of Congr>s$ may not, iu the meantime, be persistently denied and repudiated indefinitely. When will this happy state of friendly litigation in lie Supreme Court of the United States begin, if in thn meantims the power of Congress id denied and resisted ax a usurpation by th« State of Ohio ? F, tb- dnty of the National Government IPKS imperative to unforce heri authority and resist what she believes usurpation than the State Govern ment. ? No Government rnl^ can be evo!r«l liy o.->n •Unction from th.- Constitution of the United States without prant rally becoming a part of the Constitution its«-lf TLns if, in Ohio no laws can b« pasted for the reclamation of slaves by Congress, but laws on that sul.j-ai may l>e parsed by the General Assembly; and in Illinois, and the other frw SlaU-s which have acknowledged the decision in the i'ritrg Cis«, laws feoaolnd by CougreM are exclusively operative, and the laws of their State L>-g islature ar«j void; that no tariff .thaiI Iw op«ra- nvt in Sooth Carolina, but shall be .-v^ry where else valid ; if in Mississippi and Alabamn the law agaiost thn dUv.- trad- 13 held unconstitutional and roid and in every other Stat,enforced, itjwill be seen th* interpretation, wilt become different in the different Stales i Now, if this can U-don* as to one provision of the Constitution, it can 1* done a^ to all other*. Each Slat* oonstruini; it to iu own way, (o promote its own local invr>«t. what would the Constitution ol the L'nitt-d States become but a byra of mure than thirty heads, ulttp-iug Babel, aud conflicting com- manda, sadh as^ach StaU; in iu own jurisdiction deem*! it expedient to ot»-y, ur party strife demanded. ' That thisi state of things was fores^u by the | framers of. the Constitution of the United States, no 0»e denies. That th ere is some remedy provided for it, all will admit. The eitent of that remedy has sometimes N*-n questioned,: and 1 do not propose to di.^usf it. " The Constitution of the United States d~ clares "that the constitution and laws of the Uniu-d Stages, made in pursuance thereof, shall be tb^ supreme law of the Land, and the Judges in every State shall be bound thereby, anything in tbe Constitution or laws of any State to the;contrary notwithstanding " This was the first step, f he next was providing for a judicial department in the GeD'-ral Government, ajid declaring that " the judicial power shall! extend to al' cases iu law aud equity arising under this Constitntion, tlj- laws of the United States, and treaties made " &c.. Art. III., See. 2. Now, with respect to the boundary of jurisdiction bot^«Hn the Feheral and State Gov. eruiDents, lido not desire to say anything but this, that wtien Congress has undertaken to enforce, by legislation, a right gnarrantied by tbe Constitution itself, after the power has been reoognjied by all the highest judicial tribunals of th* States of the Union before whom tbe question has been presented acquiesced in by the country for siity six years ; and if, snperadded to these circcmitanocs. the Federal tribunal,'In oases arising under the Consti- tntion, repeatedly hold that Congress have tha power, it fe too late for tha Judges of the Courts of Ohio, upon thair private judgment, to deny tbe'power. Again, wiiboot asserting myself the truth of the converse of all tbe following propositions, it is, 1 ihink, clear that (o maintain our right to do go, wamust hold 1st, Thatj we have the power under th< Constitution to determine this question in direct conflict with the Settled interpretation o the Supreme Conrt of the United States. 2d, That we have a right to maintain by the powers of every department ol onr Stale Government, ana to eiact obedience as well from United States as from all the citizens of the State, to oqr interpretation of the Constitn tion. , 3d, That this power, on our part, we have a right to ea^rcise when it happens that a majority of onrj Judges are intellectually satisfled beyond anj reasonable doubt upon their minds, front a review of the grounds npon which the feBeral tribunal and others adopted an Interpretation of any provision of the Con- stitntion of the United States, that they were mistaken. ; 4th, and lastly. As we must maintain that we have the judicial right to overrule their previous adjudications and enforce obedience to onr own, Which are In conflict with thmrs; so, subsequent decisions on error, overrulinc ours not being Intellectually satisfactory «o us, we may j In the exercise of the same Indi- _t_l »i«V* A^J _~_ J! Jl .. • change or alttraUjjjJT," under "'the as- iptlon of such judicial power? They.would .W written upon sand. t-J 'For myself, I disclaimtthe existence of any such'judicial power. "' Two governments, state and national over the sama people, eaah exacting obedience within the sphere of its own, sovereign powers, conld not be adjusted'without occasional conflict.— But such a government, of • more than thirty sovereignties, each jealous of tbe powers of the national government, each interpreting for itself the powers of the national sovereignty and its own, and the national sovereignty interpreting theirs, and claiming powers denied to It by the States, each clashing and conflicting, and all demanding and enforcing obedience from the same people to their inconsistent and contradictory commands—snob a government could have no permanence, and would not de- Serve H. It would be thi) worst of all governments. If the federal judiciary is not the ar. biter, created by the constitution, to bring order and uniformity ont of such confusion and anarchy, there is<none. It is true the judicial department of the national or State government might, under pretence of an Interpretation of the constitution, be guilty of a palpable violation of its provisions demanding the impeachment and condign punishment of the judges ; and it might be the dnty of every other constituted power of the State and of the people to resist such treasonable practices. And even concerting that it woul 1 be thn duty of a Stale to deny the authority of the Supreme Court of the United States to enforce npon a State an interpretation of the constitution, which palpably and clearly violated reserved rights or State sovereignty, i.i (here anything in the history of th* ant of Comrr-sri, of 1793 ; the quiet and almost unanimous adoption of it by Congress ; iu l^aj continu-d operation without objection to the authority of ' Congress to legislate , no State, after the lapse of 66 years denying tbe leijislativ,. authontv. and recognized by every State in whu-h ih- , question has been raised , ,1,,, [ sa y, su.-h r.r- cnmstances demand of a State Court 10 asaiun.' the power of disregarding th* settled iuterpr- tation of the Supreme Court of the l'oit*,i States, and resisting tli^ authontv .,< ib- m- tional government It was salii l-y Mr Madnoii "It rn:«v ' - , t misfortune, that in organizing an v irur- rnm~nt the explication of its authority -houli U- i-j; to any of its c-o ordinal^ branches HI-TH i.^ no example in any country where it n nth.-r- wise." 3 Elliott's Debate, 532. Aud. 1 may add, it cannot be oLh»rwis.; without im.-stn.t- war or civil commotion Tbe sens" of justice ot' the p~ O [)l- ..f nhn' las been shock-d Ky some of HIM ui;jti*t provisions of the fugitive acts It is u-j( th- au hority of Conies* to legislate, tha; ;l..-y Jeuv >ut It is the abuse of th.- power That is l.> lie reini-di-.! t,v ('.m^ress and if the power to legislate is ,J^u,,-i. ;he [Uestion can be put an -u,l to hy r-pe.)! |i i- be only oonstittitiona! m.,,1*. |~tt 1",.- ; ,-r alternative ia int^ntine war, an,l resi,tau.•- i.i ur national government. All must admit thai iLe owner -,l -. jp., I laves U entiilc.l KJ their r-cViniat:..(i ii,... i aitb to oi.iier Stal. .1 .iem.ui'l it , ln ) ih-r would be no resisuu.-.- in ULm "... .1 fair and ust law aflec-ting tha: ,,i j t -, i \ * to *!,.. <tia;i upuu the >ul*-,-t, if U, - pr .vi-i.iim .,'. he. law secareH its , x.-.' :r m *:: ^l.,;.. aud bj »!.()>.• lasti ..n.-uUlity ;t -h.«l, I- l.o mauely canieii out. ... A ^l,"^tl,.;, upon w!u''h no int«ru-Hj put'lic i.-elir^ .-,, u ,,j • ^ x • i,-.l For tnyjt^lf as a rur-ni' - <,f th i- > ,^'j:'. I i aim t l.e judifial pownr ur" li-Jtu r^-'.'it- led c»-ustru<-tiou ,-f tli- < oti-titiit,, n ,'nlted States a.- tn t h- ie^islBl. .- mtii ^out;ress ujon ili^ -ui ;-,:t ^i.-l 1 n.u-t he ^Kpenm.:i.t oT nun :\\\.z !M, r 1- r u, rnnieut^l coil)ai,,u t., ---1*1 ,,-:, ,,r I vc*n hauJ--il j'istitfe. 1 ciu i.ol r.-pi'.it i.-r- tii. uslaiuine thr- p.,w -r •••! '' i^-n piiiniiunc-.l •% sniu SFEClAli NOTICES WORMS I WORTS I ! A great many learn ttl tr*-vHi-* ID**-- r>f-r teD, eiptatnlngg the origin <*f, untl --tanslfv'"^ "generated la tho bumaa «jst*cn. Hwtroeiy ..,y u medical science has dlectei] raor* »eut.- >b*,T. »i profoudeU rea#mrch ; tint y^t phyiiinmii* »' • -••* divided In opinion on the i abject it must. i>i: *.iu however, that, after ail, a rm.lj a f «x|>.f:ltn< worm*, *ntl purifying the tx><J| ;, ><a Um>r ( >r.--- r of more vmloe than the wisest origin. The expelling agent \ ilr HATS AND li A T .- ( ( A s T K A li;ui \v •'( K < .us < I \ I »»«• il»qai!*iu<i M - \ "'f H KK , i { \ \ r •. . l« the much 4<> ught aftt?r spe- Svded ftil o»h*»r worm rrifiin; n^i, .t T-raallj •cknonrleiijji-'l hy m.Mji.iBi | ty Hur ^A,-t*.r • '-v I. in: . ir f.. M'lAVE'i* i,ei.filia.\TKl> V MOM K ed y Ifl.JiM NO iJR''^ >i PIUI. ., Vermim, tfl in i-orupunson iff .v ,r . genuine w he h^J ««. Ul without the tf l vti WHICH is the a most America, liiJ land'* £*/' on man it in r % N i» »•<»<» » THK KKKiT K\dLISH '.i i- • . i.Ai^i ti ;* K t. I' Al i .1 t . 'I I If K I I l> I \ I \ I" HATHAWAY & BELUfN H \ N K I \ < -. Land and < ollci iiun «>[?: ' ll I \\ 1 (I 'I I I 1 II t n J k —» tii .t i... lo 411 I m-nt- h.i. *t ,11 I An.-r ..ufl- 1 I < ) 1 101 I • w isest •,tn 1 — nch ent (.-on 7irtn>n i 'i i-'tiien of n :r-p r- Udgf with tl. M he. ional Louipj. ; DI I he ar^umeiii i\,r u. may preporM-r iu e, a^ -\ ill.--, .-ii. - >evond Ui- r.-.i.' I. •.* he Teach of A? a ctti/- be, L'on-itit wnh fup ijjhl-Ilr- -t him lgllt Ul aw and rom th o ilout't tllow the 1 did )t, an I w imprison--^ a:, i I fi» ..-ht tv ::, v fore this Iribuna. UD a habfid Was then permitt^ti to. pronounce j my own case, I trmt 1 should hav courage to say, before liod an-l th» • as 1 ^rn bow compelie'l tn SAV. ;;r. 1- r emu iiut'-» of * Ju'is:' •"'•un'l ly i.. oath (o sustain the siiprenncv o( in, tutiua auU Lh- lawr . ' Th- prisoner reman d-d ' > E VV Jj O 0 K S JC?T BICElvgj Bl T l£ M Kt,\ \ H \. < () . Ii ALBANY RESTAURANT I ) A li J 49 ti tn miTii iuntry. !',- -ill I) i L 1 " 1 N J N ( u \ L <- H \ S A J. H, CORJESA. C n o 1 e LL STREET to I'titmerr •eiirs in A«i», Africa ^ r.,J Fur i from ?ketrh^s m»(l- ^n :h^ i A journal rial right aijd power, disregard them. For the idea of flfst asserting the power to overrule their interpretation because we believe it erroneous, andl afterwards submit to it, although still believing it erroneous, wonld be a most undignified 4nd useless assumption of temporary power, merely creating agitation, and ending in nothing but submission. It seems to me quite clear, that if the individual opinions of every judge Is to become the exponent ana construction of the Constitution of tbe United States whenever he feels certain that be is rig|it,without regard to the decisions of the higherttribnnals of the country, then the Individual opinions of every judge Is the Con- stitutton, not only to himself, but for the time being to, the>nntry. This, ft seems to me, is simply discretion without rale guide,' precedent or limitation—unataple.caprlcions despotism. j ' ^^ la there tn» judicial incident more common tban for ft jaflge to deny himself the individual discretion of Declaring what be thinks even the unwritten few of the land should be, and hold his jndgmenj amenable to the law as it haa beendeddedfj AndistheConBtitatiou ,to be less staple thin the unwritten law? Is a judge to treat the settled Interpretation oftheConsti. lution, announced to the country in a previous • .-. ., an unbroken current of jud flecirions, aa $f no binding jndWal bbHtation, and to be overthrown by th«i authority iof his todWdnal .Wavjotions tbaUhe ConaUtntten ahonld haw g aiffereiit InterpretaUon? iAnd U alter the suchaoquii tons of the when it has r«eli ... —sanctio&| what proris- itUntlon 4 State or Natiooil, are tratlm la.n.1- Llfe *nd T rr.cs .f C»r-y, M»r«r ;;,in E - .J W 4 bracing lh« fiislorjr ol tne Seran.[K>re >i.»ai ,n C M»r«|.m«n. Fnr,- i oc Lecture oa Meiapti/jlcn ar^.l I >i$. bj Sn Th< £mpirt of Atutna , iu use *OJ i r>-ser.t | -John p L Abbott, 1 k) Wyom;nc ; ii» ft itory, ittrrin? inr d^n's *r. lie B.dTeiiLurtr«, by (ieorge Berk, D. D , 1 &.» of ham^n w:t, » a^tferj and wiM.*m, 1 -a Army Lift un the I'aoifl.- A J >ai ri *l ( t.'-.r r tioi ugatnat th-- Northern In Juins, th* t -• h-i Cusur D'Aleoes, tipuk&ni »nil P«loQz<-3 T m Uf •> of IWs, bj Lawrence Kip, •*' lh.- I ^ \rrnj Art of Ejct«.i pore Sf>e&ltlng Ii:nU f-r in • Pii^ t::h- &eaxte fcnd the Bar, by M. haatain Pr -• 1 •*• L»iary uf L&dj Morgan, 1 i6c. The Eom*nce of » P, or Youn* Man. 1 ihi New Illustrated Rural Manuals; uiup i*m< t L- Hocse, ihe Garden, the farm and Djtnrtuo Vnnniij Price 1 50. Hlnu toward* Phyiical Perfection, .,r :h« Phu,>4.>i>fty of toe Ham an Beaaty , ihoirlng- hOT to acquire nn.J r--- tako bodily fjminetry, b«altri and vigor, iccure louit life, and troitl the inflnnltles tod def jnuiues of a^r iiy D.H. Jacques, \ UO i*purgeoo'i 8ermon», volume five, I uo LoTe Me Litt'e, Lore Me Lon»r, by Chin. R-'ad'-, 7.V Hiatory of the Dominion o the Arabs in Spam, '6 !-"» A Journey Ihie North, being notes of \ residence .n Roj*i&, by George Auguatiu Sa-a, 1 (>0. L*mani's Medical Adv.ser an-1 .UarrUff ii-i• Jt, w:th nearly 100 engravings Pnce 1 23 The Pillar of Fire, or Israel In Bondarfe, by R C Y J H. I o grab am, I 2A, Imng'i Life of Waahinyton, volame flv-, l N) Alllbooe's Dictionary of Authon, b iu Life Carioo, 2 00. 8TRICKL\ND A CO , iP Kl KTuR 4 M \ N o p ' F \ D *> T OHIO CATAWBA BRANDY, UilJ tir»Djy Trcm i e<l an.'vJvilca The wint ' country, *nd •• llraniy itr»' • the -tai*- « *>;i 11 il • A i J' :i 1 1 \ I i NO FAMILY sHun.D UL \\ n~M i Retail 1'rice, * t, J.» |>»- r Hmt i. '•I Uie Uniied Slates. Ul Kaat W xt*r strerL, *m,- itr- l \*\..' .- f -i, ; ,. conam, where ile-aJeri vn>! ist .;-[.«! ,,,et w»rd their 'inier^. Uy c.uiintl on the ajfeow, itit uuimi wi.i r^. , pi f (TT^in 10 asly . it) A D V JOBBER IN IIKMtl Mil II l I .AQE.K BK1 -:H S,\ 1 ,\ > D ii I i. i i k it u i< <i I.VO Kntl Unicr Mr.-<-i A VARIKTY of Owhti |.r'|,»r-.i u i Lunches ir .-*o[>p^rs, consist. n^ : MS ATS, .-SAKIH.MK^, pioKi.Kn nsu s < •« ii n . N . I I K !» I > I 1 I loil EnlertJiin ace rree. snent ?T-ry H AND Yankee Notions STOCK ALWAYS FULL IIA*TS requested to call and exiuitDe GOODS AND PKICfclS. K. P. CAOV, Je3-dlj QotntiB't Block, 71 K. Water st. J. rCUB AID UT1IL D«iLI» IN Gentlemen'i, Mines' & Children' Boots, SHOES, 8L.IPPB&S ft RIJUBKKN. PINE BOOTS MADE TO ORDER. No. 829 Can Water utrcet (Oppoilte Walker UooieJ MILWAOSEt, [mttSl} \VHCON -J N. NOTICE. H AVING purchased of Habl«T t Co., tHe'r itoc* In txkde, consJiUng ef Clolha, clothing and Oenti Tur- ntahinc 0oo<U, with intertut in the huslnn. at thr itore. no. 1(3 East Water street, «rh«re I Intend aurjiag on On Clothing bnlleos In all Iti brmncbn. iltllwBnkw, Mmjr 10, ISM. j O. B. UABLtT. Mabley oar, Imslneu, No 1« Kul WMcr it. We recommend Mm to oar castomvi and liie i»ub- 'Ic generallr. llU.aak.e, Maj SO. 185». •m»j»l-d«» _ VlABLET A UO. _ Tltiri hare sold to 0. R YT >iUi Inter. •» la oar t GITT Oonrraou^>'3 Orrrcx i i ' • Oontrkct DepartaoDt, June 9,1869. ' f S K «* D P«J>P<»»li will b« reeeJ»ed it thl» offlce u _til ThnrMAy, JoAe >th. 10 i. M. for paring t r*hen nccesf u •JUSTICE OOOKKTS. M ARUlfAOTORID exprenlr for thit porpo.e, o«i Of orit qo»UtT paper. I. TEBBY t 00.,' 1 Art XVM 4I * B •f, m Hon. tor nit. LITTON i PLAXIBTON. ROOFING, HARDWARE, iC. .n". n E AC LF A «* o \ ' S1ON Oh i H b. BIG RED KETTLL ! DKAU8HJJ IN Stoves, Sheet Iron, Tin. Hardware -AND— AUltlitLTUtiL W OULD reapectftiUj inform thtfir fru-tnj« AU.I -.1. public KeneriJIy. thai they ba»s >p^n«l t st..r- ,i 8O6. flTHPT WATtU STRWJT Jl)n Fox the Bale of th* abuve aamed *rtM-lea, L.^^the WJtll BPADHI, 8HOVKL8, ttAKES, HOfS, 4o<l A«rlou" l »'» i I»ple™enU »ener»lly, Ja wall »« ill •urta of «11EET IKO!^ *\OI'I.\\KUS- WOKK, etc. etr. etc. 0toT«« pat up to onltir. &T~ Ru^On^. RIPAIRLNQ nf all kmjs. met , 1 v . I \ \ I - M ' aagl» tr.rt al >., r a attended to. Orden left Till be atlendei! to without 1-laj MiUOLK i"*ON. our line punctually attended to. " i IN I 1 ' i ' I . t-. COM K A A N D S E of an eollrcly new *o.i *;»ltMidi.l jtoc CDgllah tad Amertc&n JEWELRY ! Of Latest Styles, it B . V A N i: O T T ' K K t \ I I <•: i ,\r, „+,,,, y •:u,tr I Cor. Scut Water and n"W Having lately dtipotetl of OKU exercised myself In learctnug at i for all tie New Styles aud Pattern*, Which h«T6 been Imported and manufactured since it. r last panic. I hive also purchased a large itock al Ladies' and Gentlemen '• Watches, With morements acknowledged u UM most snpettor b* the Am«rlcan public. ____ notSO N ' C l-.l ) UOICi. >l li IBU-l. HUls Eztn family »Tomr «I»»T. ou hmn.L [aprT] HDSN t CROBBT'8. '-;; _ -,; M * C * J t ' < i -. v < t » ^ " r •+ * • * <' ~"''3 '- '^'" t « i , " ' < f V

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