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ecutive followed, in 1858, recommended resist- hy all decisions of the superior Federal triance to the General Government-repeated it bunal. until legally reversed, boldly set up the in 1859, when the legislative department en- standard of reyolt, and set an example which dorsed the recommendation, and passed re- the traitors of the South were too willing to solves, which the Governor signed, bidding follow, for the truth of which let facts and his"positive defiance to the power of the Feder- tory be summoned as witnesses. al Union. Thus, by the conjoint action of her On the 11th day of March, 1854, Sherman Judiciary, her Executive and Legislative De- M. Booth, one of the most active, influential partments, Wisconsin seceded from the Union, Republicans of Wisconsin, headed a mob in by placing herself in open and undisguised Milwaukee to forcibly rescue Joshua Glover, hostility to the Government.
a refugee slave, who was then in the custody The constitution of the United States pro
of the law, "on claim" of the one to whom his
"servicess'' had been adjudged as “due, vides that
der the Constitution of his country. It was a "This constitution and the laws of Congress violent mob, that broke into the jail and forpassed in pursuance thereof, shall be the supreme law of the land, and obligatory upon the cibly took therefrom the object of their viojudges in every State."
lence. And the same constitution declares:
For this act of mob violence, Booth, with ,
others, was arrested and brought before United “The judicial power [of the United States] States Commissioner Winfield Smith, who deshall extend to all cases in law and equity, cided that Booth should be held to bail, to arising under this constitution, the laws of cided that Booth should be held to bail, to States," &c.- Art. III, Sec. II.
appear and answer before the United States
District Court of Wisconsin, on the first MonThis is plain, unequivocal language, and de- day of July next ensuing. But on the 26th of fined by the highest court in the nation to
May, (interim,) his bail, for some cause, demean just what it says—giving exclusive, final livered him up to the United States Marshal, jurisdiction to the Eederal Court over all laws
in presence of the Commissioner, and requested passed by Congress, &c.
that Booth be committed. Booth failed to again In 1793 Congress passed a Fugitive Slave Law, which the Supreme Court of the United recognize, and was delivered to the keeper of
the Milwaukee jail, to await the course of law. States had decided in accordance with the pro
On the 27th of May, Booth made application visions of the constitution of the United States.
to Hon. A. D. Smith, one of the Justices of This ought to have settled the matter, and did the Supreme Court of Wisconsin, for a writ of settle it so far as judicial, or any official action | habeas corpus, stating that Stephen V. R. Ablecould. Nothing short of revolution and dis
man, United States Marshal, had unjustly reunion could overrule the decision and the law, strained him of his liberty, and alleged that unless the same power that enacted and adju- his detention was illegal, because the Fugitive dicated it. `Any opposition, viet armis, or by Act, under which he was committed, was unlegally constituted subordinate tribunals, was
constitutional, though he knew the highest nothing short of rebellion and revolution, to court in the land had decided it constitutional. the extent such opposition was carried.
On the same day, Judge Smith allowed the We shall show, and we blush to record the writ, and directed the Marshal to bring the fact, as a disgrace to our adopted State, that prisoner before him, which was complied with the party in power entered into a conspiracy to To the Marshal's return Booth demurred, place Wisconsin in antagonism to the General
as not sufficient in law to justify his detention. Government, and by such antagonism, to retire
Upon the hearing, Judge Smith ordered the it out of the Unon.
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 On the 9th of June following, the Marshal --but a premeditated conspiracy, formidable applied to the Supreme Court for a certiorari, in numbers, and dangerous from its associa- and praying to have the proceedings brought to
the Supreme Court for revision. This was alThese politicians, knowing their obligations lowed the same day, and was issued on the 12th to the Federal Government to peacably abide of the same month. On the 20th Justice Smith
tion of power.
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 the 19th of July the case was argued be- on one month, and to pay a fine of $1,000 and fore the Supreme Court of that state, and costs, and to remain in custody till the sentence judgment was announced, affirming the deci- , should be complied with. No one pretends he sion of the Associate Justice.
did not have a fair and impartial trial. On the 26th of October the Marshal sued out On the 26th of the same month the prisoner a writ of error to the Federal Supreme Court, filed a petition in the Supreme Court of the returnable on the first Monday of December, state, that he was illegally convicted, because 1854, in order to bring the judgment there for the law under which he was convicted was unrevision, and the defendant in error, (Booth) constitutional, &c., and asked for a writ of was cited to appear on that day. L. F. Kellogg, habeas corpus, with a view to his release. On Esq., Clerk of the Supreme Court of Wiscon- | the 27th the Court issued two habeas corpus sin, was directed to and did certify the record writs, one directed to Sheriff Conover, of Milto the Federal Court-thus showing that the waukee, and the other to Marshal Ableman. Wisconsin Court acknowledged the superior
On the 30th, the Marshal made his return, jurisdiction of the Federal Court on the 4th of denying the jurisdiction of the Court, and December, 1854. Booth filed a memorandum citing the sentence and conviction of the Disin the Federal Court, and submitted a printed trict Court as his authority for holding the argument which was used before the Wisconsin prisoner-that he had delivered the prisoner to Court.
the sheriff of Milwaukee county, &c. On the Before this writ of error was sued out, the
same day Sheriff Conover produced Booth in Supreme Court of Wisconsin entered on the Court, when the constitutionality of the Fngirecord that they had decided the law of 1793 tive Law was again drawn in question. and 1850 unconstitutional, respectively.
On the 2d of February following, the case Be it remembered, that at this time the Su
was heard, and on the 3d the court decided the preme Court of Wisconsin did not deny their imprisonment illegal, and ordered Booth’s disobligation to obey the writ of error, and it charge, and he was set at liberty. went so far as to state minutely what the points On the 21st of April following, the Attorney were that they had decided-the non validity of General of the United States presented a petithe fugitive law, so that the Federel Court tion to the Chief Justice of the Federal Court, could have no difficulty in determining what to accompanied with all the papers in the original
and pronouncing its judgment case, duly certified by the pers in the original thereon.
sin Court, and praying that a Writ of Error This matter rested in the Superior Court till might be issued to bring the action of the State the December term of 1858, so as to act upon Court up for revision. The writ was accordthe second Booth case, at the same time-both ingly issued, and returnable on the first Moninvolving the same principle. And be it re- day of December, 1855, and the Defendant in membered that while this case was pending most Error cited to appear on that day. of the following revolutionary history occur
No return having been made to this writ, the red—some of it even after it had been decided. Attorney General of the United States, on the
The second Booth case may be thus stated: 1st of February, 1856, filed affidavits, showing
On the 4th of January, 1855, the Grand that the writ of error had been duly served on Jury of Milwaukee county found a bill of in the Clerk of the Supreme Court of Wisconsin, dictment against Booth for the part he took in
on the 20th of May, 1855, and the citation the rescue mob, and on the 9th his counsel. served on the defendant on the 28th of June moved to quash the indictment, which the following. An affidavit was also filed, from court over-ruled, and he plead not guilty. On the United States District Attorney of Wisconthe 10th a jury was empanelled to try the case.
sin, stating further that the clerk and one of Byron Painé, now one of the Justices of the justices of the Wisconsin Court had informed
him Supreme Court of the state, was his counsel. On the 13th he was found guilty. On the 16th that the court had directed the clerk to make he moved for a new trial, which was argued on 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 Upon these proofs, the Attorney General of serve out his sentence. 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 Wislaid, 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 the olition district in the interior of the State. To rule on the clerk, and no return having been this place he was followed by the Deputy Unimade, the Attorney General, on the 27th of ted States marshal who sought, in the disFebruary, 1857, moved for leave to file a cer- charge of his official duty to arrest him, but tified copy of the record of the Supreme Court the said marshal was set upon by an armed of Wisconsin, and to docket the case in that mob of Abolitionists, was roughly .handled, forn, and on the 6th of March, 1857, the case and on one occasion, barely escaped with his in that form was docketed, but the case was life. not reached for argument till the following For a long while the officers of the law were term-1858.
baffled in their efforts to retake the prisoner. Chief Justice Taney, in uttering his deci- The Abolitionists had broken open the Arsenal sion, remarked :
at Fond du Lac and seized the arms therein, "And it further appears that the State Court which enabled them to keep at bay the Federal have not only claimed and exercised this ju- officers, and intimidate all opposition. risdiction, but have also determined that their
Finally, by mere strategy Booth was capdecision is final and conclusive UPON ALL THE COURTS OF THE UNITED STATES! tured and replaced in the Custom House at and ordered their Clerk to disregard and re- Milwaukee, where he was thoroughly guarded fuse obedience to the writ of error issued by and kept till near the close of Mr. Buchanan's this Court, pursuant to the act of Congress of administration, when he was finally pardoned 1789, to bring here for examination and revision the judgment of the State Court.
by that functionary. "These propositions are new in the juris- Such in brief is the history of the Booth prudence of the United States, as well as of war, wherein the whole Republican party of the states, and the supremacy of the state courts the state acted the most vindictive and treaover the courts of the United States, in cases arising under the Constitution and laws of the sonable part. We have been thus particular to United States, is now for the first time as- note the dates and progress of the revolution, serted and acted upon in the Supreme Court that the reader may be the better able to apof a state!!"
ereciate contemporaneous events, all tending It seems that the Federal Court was unani- to the same general end-resistance to law and mous in the decision they made, and although defiance to constitutional authorities--which they say "we think it unnecessary to discuss
we shall proceed to delineate. this question” (that court having on several The Hon. BYRON PAINE, now one of the occasions decided it) still, as
Justices of the Supreme Court of Wisconsin, "We [the Judges] are not willing to be mis- as we have seen, was Booth's counsel. The understood, it is proper to say, that in the closing of his speech on the occasion was pubjudgment of this court
, the Act of Congress, lished in nearly all the Republican papers as commonly called the Fugitive Slave Law, is, in all its provisions, fully authorized by thé an "eloquent extract.” We copy the following constitution of the United States.”--21 How- portion of it from the Wisconsin State Jourard, pp. 514–26.
nal, 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 for
"No, gentlemen, the people of this country bidding the use of jails in the State for such never will obey this law-and on the spirit
which prompts to this disobedience, I hang all conclusion, to their fellow-citizens of Wisconmy hopes for the perpetuation of our liberties. sin, that an organization be effected in each
Our country is passing through a school district in the state, and a sub-commitfiery ordeal. Men may weakly shut their eyes tee appointed to collect and forward without to the truth, but it cannot be disguised. They delay to the address of Mr. E. D. Holton, may cry peace! peace!. but that will not still whatever sums the lovers of justice and liberthe raging waves of the ocean.
If we ty may be disposed to give in aid of the "Resare to have a government of force, that exe- cue Friends Fund." They leave it to friends cutes is laws with bristling bayonets, and bel- and sympathisers out of the state to determine lowing cannon, and troops red with the blood of in what time and manner their contributions the people, it will be to the institution of shall be made, with the single remark, that slavery we shall owe it."
whatever is given will be thankfully received It is unfortunate that Mr. PAINE did not tell and faithfully applied. the jury that there need be no execution of the EDWARD D. HOLTON, Treasurer.
"By order of Committee, RUTUS KING, Ch'n. laws by “bristling bayonets,” if his partizans "Milwaukee, Feb. 12, 1855." would obey the laws, and not follow in the
The following was the committee:-Rufus wake of South Carolina nullification. But King, John H. TWEEDY, EDWARD D. HOLTON, again:
EDWARD WUNDERLY, EDWIN PALMER, (now "You may commit this defendant to prison, collector at Milwaukee,) of Milwaukee, F. W. but think you there is a man within the juris, D. BERNARD of Racine, and DAVID TAYLOR diction of this court, that for this, would of Sheboygan, (now circuit judge)--all leading sooner obey the fugitive act???
Repulicans. Thus was the threat thrown out, that if the
The Republicans of Racine county held a jury did convict Booth, he and his partizans meeting at Ives' Grove, on the 5th of January, would continue to resist the fugitive law.
1856, to organize "a County League and unite That speech was the lever that placed Mr. for the overthrow of the slave oligarchy of the PAINE on the supreme bench. He had had no
country." The following is the 7th resolution such legal experience and reputation as would unanimously adopted: entitle him to such a responsible position. No tongue had lisped his name-nopen had chron
"Resolved, That we will stand by the Rescuicled his fitness for such high honors, till the and our right arms, and no court shall crush
ers of Glover, with our influence, our purse, denouement of that "maiden speech,” which then--no prison walls or bars shall ever conwas attuned to the revolutionary spirit that had fine them," &c. possesion of his party. Gen. Rufus KING, This was announced in the Racine Republieditor of the Milwaukee Sentinel, and HORACE
can paper, with a florish of trumpets, and the RUBLEE, editor of the State Journal, with editor set forth that a great number of deleothers of the State Central Committee, issued gates were in attendance.'' 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. said : 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 conduct of the rescuers. Should another The Republicans organized "Rescue Leagues” claim a run away slave, under the constitution]
similar outrage [that is should a Southern man in different portions of the state, and amassed upon humanity occur in Milwaukee to-day, a
"Rescue Fund," for the purpose of aiding similar course would be pursued.” and abetting the violators of law. Rufus
On the 26th of July, 1855, a mass meeting KING was chairman of the Rescue Fund League of Republicans was held in Milwaukee, to enin Milwaukee, and on the 13th of February, courage resistance to law, which was an1855, issued an address, · or circular, to the nounced in flaming letters by the State Jourfaithful from which we select the following: nal on the 31st, and in other leading Republi
"The committee have only to recommend, in | can 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 this display of the quality of Southern chival
ry, no slave hunter need hereafter pursue his to try such cases, &c.
fugitive human chattels across the Southern "Resolved, That we desire to record an ear
boundary of Wisconsin with any hope of suc
cess." nest and emphatic protest against the manner as well as results of the recent rescue trials in In this connection, we copy the following this city—that we regard the course pursued from a document not respected by the Republiby the officers of the United States Court, in empanneling the grand and petit jurors as a
cans of Wisconsin: gross and inexcusable outrage upon law and
"No person held to service or labor in one right;
that we sympathise deeply State, under the laws thereof, escaping into with the victims of judicial tyranny, official another; shall in consequence of any law or wrong and oppression, and unconstitutional regulation therein, be discharged from such legislation; that our hearts are with them in service or labor, but but shall be delivered up the prison in which they have been confined, upon claim of the party to whom such service and our hands are ready to liquidate the pen- or labor may be due." --Art. IV, Sec. II, Conalties imposed upon them."
stitution United States. If Booth's fine could have been paid by res- In this connection, we present the honest olutions, it would have been instantly "liqui- opinions and declaration of an honest, though dated," but these selfish politicians could write dangerous abolitionist. Mr. LLOYD GARRISON declamatory and treasonable resolutions easier was summoned before the committee of Federthan they could bshell out” the means. Al al Relations of the Massachusetts Legislature, though they often resolved, and made a great to give his views on the pending bills to nullify ado for political effect, they failed to pay the Fugitive Act. They had worked up this, Booth's fine. Their patriotism never ex- that and the other excuse, indigenous to abotended so deep as their pockets.
lition climates, as reasons why the Fugitive Judge CRAWFORD, the only Democrat on the Act was unconstitutional, &c. Mr. GARRISON Supreme bench, refused to go with his brother answered them in the following manner: judges, and declare the Fugitive Act unconsti
"I cannot, gentlemen, place the same contutional. The State Journal, in alluding to struction.upon the constitution, respecting the the decision at the time, in speaking of Judge rendition of fugitive slaves, which my resC.'s separate opinion, said:
pected friend, Mr. Sewall, has done, I cannot
plead that it is not in the bond to give up the •He considered the decision of the Supreme fugitive slave. It is for those who can to do som Court of the United States on this and all other for myself, I cannot out-face this nation, and matters as binding on the State Courts."
say that for seventy years, it has never underThe Journal continued:
stood its own constitution, in this particular. I
believe that Massachusetts consented, with her "Justice Smith's opinion was lengthy and eyes open, and for the sake of making a Union covered the whole ground. He reiterates his with the South possible, to allow the slave former views relative to the unconstitutionality hunter to come here and take his property; and of the Fugitive Act. He took a very decided I would not spend one moment in attempting to position with regard to State Rights, and held argue, on the words of the Constitution, that we that the United States Courts had no juris- have never agreed to do any such thing. I believe diction, except in matters where jurisdiction that the intent of the bargain; whatever may be was clearly granted them by the constitution the language used, and I would not try to get [but Acts of Congress gave them no juris- rid of an obligation, however unjust, by false diction, if Republican judges did not like those interpretation of the instrument. acts!] The State courts must protect the "I believe Washington, Franklin, Hamilton, rights and liberties of their citizens, and if in Jefferson, Jay and Marshall, and all those who the prosecution of their duty, they were made the Constitution, and the people who brought in collision with the United States adopted it, understood what they were about. Courts, no dangerous consequences would en- They knew that they agreed to allow a slave
representation in Congress, yet the words are That is, no dangerous consequences would intelligently agreed and deliberately agreed
are not to be found in the Constitution. They ensue, if the Republican party of Wisconsin that the foreign slave trade should be prosecuwere not interfered with in nullifying laws. ted for the term of twenty years [but it would The same article concludes:
not for more than twelve years, but for the vote
and influence of Massachusetts] without Con"The man Glover was borne [by Republican gressional intervention; yet, they did not allow law breakers] beyond the reach of his hunters; the term "slave trade to be inserted in the the popular heart was stirred [by politicians Constitution. They also understandingly agreed