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ecutive followed, in 1858, recommended resistance to the General Government-repeated it in 1859, when the legislative department endorsed the recommendation, and passed resolves, which the Governor signed, bidding "positive defiance" to the power of the Federal Union. Thus, by the conjoint action of her Judiciary, her Executive and Legislative Departments, Wisconsin seceded from the Union, by placing herself in open and undisguised hostility to the Government.

The constitution of the United States provides that

“This constitution and the laws of Congress passed in pursuance thereof, shall be the supreme law of the land, and obligatory upon the judges in every State."

And the same constitution declares:

"The judicial power [of the United States] shall extend to all cases in law and equity, arising under this constitution, the laws of States," &c.-Art. III, Sec. II.

This is plain, unequivocal language, and defined by the highest court in the nation to mean just what it says-giving exclusive, final jurisdiction to the Eederal Court over all laws passed by Congress, &c.

In 1793 Congress passed a Fugitive Slave Law, which the Supreme Court of the United Law, which the Supreme Court of the United States had decided in accordance with the provisions of the constitution of the United States.

This ought to have settled the matter, and did settle it so far as judicial, or any official action could. Nothing short of revolution and disunion could overrule the decision and the law, unless the same power that enacted and adjudicated it. Any opposition, viet armis, or by legally constituted subordinate tribunals, was nothing short of rebellion and revolution, to the extent such opposition was carried.

We shall show, and we blush to record the fact, as a disgrace to our adopted State, that the party in power entered into a conspiracy to place Wisconsin in antagonism to the General Government, and by such antagonism, to retire it out of the Umon.

by all decisions of the superior Federal tribunal. until legally reversed, boldly set up the standard of revolt, and set an example which the traitors of the South were too willing to follow, for the truth of which let facts and history be summoned as witnesses.

On the 11th day of March, 1854, Sherman M. Booth, one of the most active, influential Republicans of Wisconsin, headed a mob in Milwaukee to forcibly rescue Joshua Glover, a refugee slave, who was then in the custody of the law, "on claim" of the one to whom his "servicess” had been adjudged as “due,” un-. der the Constitution of his country. It was a violent mob, that broke into the jail and forcibly took therefrom the object of their violence.

For this act of mob violence, Booth, with others, was arrested and brought before United States Commissioner Winfield Smith, who decided that Booth should be held to bail, to appear and answer before the United States District Court of Wisconsin, on the first Mon

day of July next ensuing. But on the 26th of May, (interim,) his bail, for some cause, delivered him up to the United States Marshal, in presence of the Commissioner, and requested that Booth be committed. Booth failed to again recognize, and was delivered to the keeper of the Milwaukee jail, to await the course of law.

On the 27th of May, Booth made application to Hon. A. D. Smith, one of the Justices of the Supreme Court of Wisconsin, for a writ of habeas corpus, stating that Stephen V. R. Ableman, United States Marshal, had unjustly restrained him of his liberty, and alleged that his detention was illegal, because the Fugitive Act, under which he was committed, was unconstitutional, though he knew the highest

court in the land had decided it constitutional.

On the same day, Judge Smith allowed the writ, and directed the Marshal to bring the prisoner before him, which was complied with.

To the Marshal's return Booth demurred, as not sufficient in law to justify his detention.

Upon the hearing, Judge Smith ordered the Marshal to release the prisoner, which was

We shall show that it was no child's play-done. no "lapsus judica"-no mistake of judgment -but a premeditated conspiracy, formidable in numbers, and dangerous from its association of power.

These politicians, knowing their obligations to the Federal Government to peacably abide

On the 9th of June following, the Marshal applied to the Supreme Court for a certiorari, and praying to have the proceedings brought to the Supreme Court for revision. This was allowed the same day, and was issued on the 12th of the same month. On the 20th Justice Smith

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made return, stating the proceedings before the 20th, and on the 23d the Court over-ruled him. the motion, and sentenced the prisoner to prison one month, and to pay a fine of $1,000 and costs, and to remain in custody till the sentence should be complied with. No one pretends he did not have a fair and impartial trial.

On the 19th of July the case was argued before the Supreme Court of that state, and judgment was announced, affirming the decision of the Associate Justice.

On the 26th of October the Marshal sued out a writ of error to the Federal Supreme Court, returnable on the first Monday of December, 1854, in order to bring the judgment there for revision, and the defendant in error, (Booth) was cited to appear on that day. L. F. Kellogg, Esq., Clerk of the Supreme Court of Wisconsin, was directed to and did certify the record to the Federal Court-thus showing that the Wisconsin Court acknowledged the superior jurisdiction of the Federal Court on the 4th of December, 1854. Booth filed a memorandum in the Federal Court, and submitted a printed argument which was used before the Wisconsin

Court.

Before this writ of error was sued out, the Supreme Court of Wisconsin entered on the record that they had decided the law of 1793 and 1850 unconstitutional, respectively.

Be it remembered, that at this time the Supreme Court of Wisconsin did not deny their obligation to obey the writ of error, and it | went so far as to state minutely what the points were that they had decided-the non validity of the fugitive law, so that the Federel Court could have no difficulty in determining what to act on (?) and pronouncing its judgment thereon.

This matter rested in the Superior Court till the December term of 1858, so as to act upon the second Booth case, at the same time-both involving the same principle. And be it remembered that while this case was pending most of the following revolutionary history occurred—some of it even after it had been decided. The second Booth case may be thus stated: On the 4th of January, 1855, the Grand Jury of Milwaukee county found a bill of indictment against Booth for the part he took in the rescue mob, and on the 9th his counsel. moved to quash the indictment, which the court over-ruled, and he plead not guilty. On the 10th a jury was empanelled to try the case. Byron Paine, now one of the Justices of the Supreme Court of the state, was his counsel.On the 13th he was found guilty. On the 16th he moved for a new trial, which was argued on

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On the 26th of the same month the prisoner filed a petition in the Supreme Court of the state, that he was illegally convicted, because the law under which he was convicted was unconstitutional, &c., and asked for a writ of habeas corpus, with a view to his release. On the 27th the Court issued two habeas corpus writs, one directed to Sheriff Conover, of Milwaukee, and the other to Marshal Ableman.

On the 30th, the Marshal made his return, denying the jurisdiction of the Court, and citing the sentence and conviction of the District Court as his authority for holding the prisoner—that he had delivered the prisoner to the sheriff of Milwaukee county, &c. On the same day Sheriff Conover produced Booth in Court, when the constitutionality of the Fngitive Law was again drawn in question.

On the 2d of February following, the case was heard, and on the 3d the court decided the imprisonment illegal, and ordered Booth's discharge, and he was set at liberty.

On the 21st of April following, the Attorney General of the United States presented a petition to the Chief Justice of the Federal Court, accompanied with all the papers in the original case, duly certified by the Clerk of the Wisconsin Court, and praying that a Writ of Error might be issued to bring the action of the State Court up for revision. The writ was accordingly issued, and returnable on the first Monday of December, 1855, and the Defendant in Error cited to appear on that day.

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No return having been made to this writ, the Attorney General of the United States, on the 1st of February, 1856, filed affidavits, showing that the writ of error had been duly served on the Clerk of the Supreme Court of Wisconsin, on the 20th of May, 1855, and the citation served on the defendant on the 28th of June following. An affidavit was also filed, from the United States District Attorney of Wisconsin, stating further that the clerk and one of justices of the Wisconsin Court had informed

him

"that the court had directed the clerk to make no return to the writ of error, and to enter no

order upon the journal or records of the court | purposes, he was confined in an apartment of containing the same."

the Milwaukee United States Custom House, to serve out his sentence.

Upon these proofs, the Attorney General of the United States moved the court for an order After he had thus been in durance vile for upon said clerk, to make return on or before the some time, a Republican mob, headed by one first day of the next ensuing term of the Fed- Edward Daniels, [who was afterwards appointeral court. The rule or order was accordingly ed by Gov. Randall as Colonel of the 1st Wis ́laid, and the 22d of July, 1856, the said At-consin Cavalry] forcibly rescued him from his torney General filed with the clerk of the Fed- confinement, when Booth took refuge among eral court the affidavit of the United States his disunion friends at Ripon, an intensely abMarshal of Wisconsin, that he had served theolition district in the interior of the State. To rule on the clerk, and no return having been made, the Attorney General, on the 27th of February, 1857, moved for leave to file a certified copy of the record of the Supreme Court of Wisconsin, and to docket the case in that form, and on the 6th of March, 1857, the case in that form was docketed, but the case was not reached for argument till the following term-1858.

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this place he was followed by the Deputy United States marshal who sought, in the discharge of his official duty to arrest him, but the said marshal was set upon by an armed mob of Abolitionists, was roughly handled, and on one occasion, barely escaped with his life.

For a long while the officers of the law were baffled in their efforts to retake the prisoner.

Chief Justice Taney, in uttering his deci- | The Abolitionists had broken open the Arsenal sion, remarked :

"And it further appears that the State Court have not only claimed and exercised this jurisdiction, but have also determined that their decision is final and conclusive UPON ALL THE COUŘTS OF THE UNITED STATES! and ordered their Clerk to disregard and refuse obedience to the writ of error issued by this Court, pursuant to the act of Congress of 1789, to bring here for examination and revision the judgment of the State Court.

"These propositions are new in the jurisprudence of the United States, as well as of the states, and the supremacy of the state courts over the courts of the United States, in cases arising under the Constitution and laws of the United States, is now for the first time asserted and acted upon in the Supreme Court of a state!!"?

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It seems that the Federal Court was unanimous in the decision they made, and although they say "we think it unnecessary to discuss this question" (that court having on several occasions decided it) still, as

"We [the Judges] are not willing to be misunderstood, it is proper to say, that in the judgment of this court, the Act of Congress, commonly called the Fugitive Slave Law, is, in all its provisions, fully authorized by the constitution of the United States."-21 Howard, pp. 514-26.

at Fond du Lac and seized the arms therein, which enabled them to keep at bay the Federal officers, and intimidate all opposition.

Finally, by mere strategy Booth was captured and replaced in the Custom House at Milwaukee, where he was thoroughly guarded and kept till near the close of Mr. Buchanan's administration, when he was finally pardoned by that functionary.

Such in brief is the history of the Booth war, wherein the whole Republican party of the state acted the most vindictive and treaSonable part. We have been thus particular to note the dates and progress of the revolution, that the reader may be the better able to apereciate contemporaneous events, all tending to the same general end-resistance to law and defiance to constitutional authorities-which we shall proceed to delineate.

The Hon. BYRON PAINE, now one of the Justices of the Supreme Court of Wisconsin, as we have seen, was BooтH's counsel. The closing of his speech on the occasion was published in nearly all the Republican papers as an "eloquent extract." We copy the following portion of it from the Wisconsin State Journal, the central organ of the party in the state,

The judgment of the State court was there- of January 31, 1855. In denouncing the fufore reversed.

gitive law, while that law, in all its ports, was

After this decision was announced, Booth then before the highest tribunal of the land for was re-arrested, and the Republican Legisla-adjudication, he assured the jury, ture having in the meantime passed a law forbidding the use of jails in the State for such

"No, gentlemen, the people of this country never will obey this law-and on the spirit

*

*

which prompts to this disobedience, I hang all |
my hopes for the perpetuation of our liberties.
* Our country is passing through a
fiery ordeal. Men may weakly shut their eyes
to the truth, but it cannot be disguised. They
may cry peace! peace! but that will not still
the raging waves of the ocean.
If we
are to have a government of force, that exe-
cutes is laws with bristling bayonets, and bel-
lowing cannon, and troops red with the blood of
the people, it will be to the institution of
slavery we shall owe it.”

* *

It is unfortunate that Mr. PAINE did not tell the jury that there need be no execution of the laws by "bristling bayonets," if his partizans would obey the laws, and not follow in the wake of South Carolina nullification. But again:

"You may commit this defendant to prison, but think you there is a man within the jurisdiction of this court, that for this, would sooner obey the fugitive act?"

Thus was the threat thrown out, that if the jury did convict Booтi, he and his partizans would continue to resist the fugitive law.

conclusion, to their fellow-citizens of Wiscon-
sin, that an organization be effected in each
school district in the state, and a sub-commit-
tee appointed to collect and forward without
delay to the address of Mr. E. D. Holton,
whatever sums the lovers of justice and liber-
ty may be disposed to give in aid of the "Res-
cue Friends Fund." They leave it to friends
and sympathisers out of the state to determine
in what time and manner their contributions
shall be made, with the single remark, that
whatever is given will be thankfully received
and faithfully applied.

"By order of Committee,
EDWARD D. HOLTON, Treasurer.
"Milwaukee, Feb. 12, 1855."

RUTUS KING, Ch'n.

The following was the committee:-Rurus KING, JOHN H. TWEEDY, EDWARD D. HOLTON, EDWARD WUNDERLY, EDWIN PALMER, (now collector at Milwaukee,) of Milwaukee, F. W. D. BERNARD of Racine, and DAVID TAYLOR of Sheboygan, (now circuit judge)--all leading Repulicans.

The Republicans of Racine county held a meeting at Ives' Grove, on the 5th of January, 1856, to organize “a County League and unite for the overthrow of the slave oligarchy of the country." The following is the 7th rèsolution unanimously adopted:

"Resolved, That we will stand by the Rescuand our right arms, and no court shall crush ers of Glover, with our influence, our purse, them-no prison walls or bars shall ever confine them," &c.

This was announced in the Racine Republican paper, with a florish of trumpets, and the editor set forth that "a great number of delegates were in attendance.”

That speech was the lever that placed Mr. PAINE on the supreme bench. He had had no such legal experience and reputation as would entitle him to such a responsible position. Nỏ tongue had lisped his name-no pen had chronicled his fitness for such high honors, till the denouement of that "maiden speech," which was attuned to the revolutionary spirit that had possesion of his party. Gen. RUFUS KING, editor of the Milwaukee Sentinel, and HORACE RUBLEE, editor of the State Journal, with others of the State Central Committee, issued an address to the people, calling on them to On the 25th of January, 1855, immediately sustain Mr. PAINE for Judge, and basing his on the conviction of BOOTH and RYCRAFT, the qualifications on his opposition to the Fugitive | Stats Journal, the court organ of the party, Law; and the press of that party throughout | the state urged his "claims" on that ground "Here are two citizens of our State imprisexclusively. Indeed, the only real issue be- oned and fined for what ninety-nine one huntween the two parties was support of law and dreths of the people will declare a NOBLE ACT. * * The whole people [meaning the Reorder on the part of the Democrats, and oppo-publicans, of course,] rejoiced at the escape of sition to particular laws on the part of the Re-Glover, and almost unanimously applauded publicans.

The Republicans organized “Rescue Leagues" in different portions of the state, and amassed a "Rescue Fund," for the purpose of aiding and abetting the violators of law. Rufus KING was chairman of the Rescue Fund League in Milwaukee, and on the 13th of February, 1855, issued an address, or circular, to the faithful from which we select the following:

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"The committee have only to recommend, in

said:

the conduct of the rescuers. Should another claim a run away slave, under the constitution] similar outrage [that is should a Southern man upon humanity occur in Milwaukee to-day, a similar course would be pursued."

On the 26th of July, 1855, a mass meeting of Republicans was held in Milwaukee, to encourage resistance to law, which was announced in flaming letters by the State Journal on the 31st, and in other leading Republican papers, who endorsed the meeting in all

its acts. The first resolution of the meeting | and nobody else] to its lowest depths; and after declares it to be an outrage to empanel a jury to try such cases, &c.

"Resolved, That we desire to record an earnest and emphatic protest against the manner as well as results of the recent rescue trials in this city-that we regard the course pursued by the officers of the United States Court, in empanneling the grand and petit jurors as a gross and inexcusable outrage upon law and right; * * * that we sympathise deeply with the victims of judicial tyranny, official wrong and oppression, and unconstitutional legislation; that our hearts are with them in the prison in which they have been confined, and our hands are ready to liquidate the penalties imposed upon them."

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If BooтH's fine could have been paid by resolutions, it would have been instantly "liquidated,” but these selfish politicians could write | declamatory and treasonable resolutions easier than they could "shell out" the means. Although they often resolved, and made a great ado for political effect, they failed to pay BOOTH's fine. Their patriotism never extended so deep as their pockets.

Judge CRAWFORD, the only Democrat on the Supreme bench, refused to go with his brother judges, and declare the Fugitive Act unconstitutional. The State Journal, in alluding to the decision at the time, in speaking of Judge C.'s separate opinion; said:

'He considered the decision of the Supreme Court of the United States on this and all other matters as binding on the State Courts."

The Journal continued:

"Justice Smith's opinion was lengthy and covered the whole ground. He reiterates his former views relative to the unconstitutionality of the Fugitive Act. He took a very decided position with regard to State Rights, and held that the United States Courts had no jurisdiction, except in matters where jurisdiction was clearly granted them by the constitution [but Acts of Congress gave them no jurisdiction, if Republican judges did not like those acts!] The State courts must protect the rights and liberties of their citizens, and if in the prosecution of their duty, they were brought in collision with the United States Courts, no dangerous consequences would ensue."

That is, no dangerous consequences would ensue, if the Republican party of Wisconsin were not interfered with in nullifying laws. The same article concludes:

"The man Glover was borne [by Republican law breakers] beyond the reach of his hunters; the popular heart was stirred [by politicians

this display of the quality of Southern chivalry, no slave hunter need hereafter pursue his fugitive human chattels across the Southern boundary of Wisconsin with any hope of suc

cess."

In this connection, we copy the following from a document not respected by the Republicans of Wisconsin:

"No person held to service or labor in one State, under the laws thereof, escaping into another; shall in consequence of any law or regulation therein, be discharged from such service or labor, but but shall be delivered up upon claim of the party to whom such service or labor may be due."-Art. IV, Sec. II, Constitution United States.

In this connection, we present the honest opinions and declaration of an honest, though dangerous abolitionist. Mr. LLOYD GARRISON was summoned before the committee of Federal Relations of the Massachusetts Legislature, to give his views on the pending bills to nullify the Fugitive Act. They had worked up this, that and the other excuse, indigenous to abolition climates, as reasons why the Fugitive Act was unconstitutional, &c. Mr. GARRISON answered them in the following manner:

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"I cannot, gentlemen, place the same construction.upon the constitution, respecting the rendition of fugitive slaves, which my respected friend, Mr. Sewall, has done, I cannot plead that it is not in the bond to give up the fugitive slave. It is for those who can to do sofor myself, I cannot out-face this nation, and say that for seventy years, it has never understood its own constitution, in this particular. 1 believe that Massachusetts consented, with her eyes open, and for the sake of making a Union with the South possible, to allow the slave hunter to come here and take his property; and I would not spend one moment in attempting to argue, on the words of the Constitution, that we have never agreed to do any such thing. I believe that the intent of the bargain, whatever may be the language used, and I would not try to get rid of an obligation, however unjust, by false interpretation of the instrument.

"I believe Washington, Franklin, Hamilton, Jefferson, Jay and Marshall, and all those who made the Constitution, and the people who adopted it, understood what they were about. They knew that they agreed to allow a slave representation in Congress, yet the words are are not to be found in the Constitution. They intelligently agreed and deliberately agreed that the foreign slave trade should be prosecuted for the term of twenty years [but it would not for more than twelve years, but for the vote and influence of Massachusetts] without Congressional intervention; yet, they did not allow the term 'slave trade' to be inserted in the Constitution. They also understandingly agreed

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