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hour of night, and mutillated and murdered them in cold blood. This, no doubt, Garrison, Rev. Messrs. Manning and Neal, and the rest. would call "doing God's service," and the brig. and and the assassin, stained with the blood of his fellow-men, will be worshipped after death. His gallows will be the emblem and symbol of nigger redemption, and bits of the rope with which he will be hanged, will be soid at enormous prices, and be venerated, like pieces of the true cross. He will be regarded as a second Saviour, whose sacrificial blood has ransomed the black race. His words and acts will become a new gospel, and the evangelists of revolution will present it from Maine to Virginia.

"Mr. Emerson gave the true interpretation to the object of the meeting and of the collection of the "sinews of war," when he said:

(Cheers.) I asked them to play the great poem or great epic which told to the world that the soul of that martyr, who fell because of his hostility to slavery, was still marching on, and I tell you gentlemen, it is marching on. (Cries of "that's so," and tremendous cheering) John Brown's knapsack is not only strapped to his back, but his soul is marching on; aye, his soul is commingling with yours. Now, gentlemen, in conclusion let me ask the band (a year ago the band that came here scarcely knew the tune) to play John Brown; for I suspect it has become as familiar to you as the "Star Spangled Banner" or "Hail Columbia." (Applause) Do not such insane things prove the prophecy of the Herald.

(From the Kansas Herald of Freedom.) "Old John Brown came to Kansas late in the summer or fall of 1855-that he came armed and in a peculiar manner-that these arms were furnished him in the State of New York that their supply was made the condition of his coming here-that he showed a bloodthirstiness peculiarly his own, during the Waukarusa "What Mr. Emerson means by the latter, he War, in December of that year, and that noreplies:

"I hope then, that in addition to our relief to the family of John Brown, we shall endeavor to relieve all those in whose behalf he suffers, and all those who are in sympathy with him, and not forget to aid him also, in the best way, by securing freedom and independence in Massachusetts itself."

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where in his whole Kansas history do we find a particle of evidence that he desired to cultivate the principles of peace.

of Kansas will take pains to post themselves "We sincerely hope that the future historians on these subjects, that they may not do injustice to innocent parties. 'Old John Brown has figured as a hero in Kansas.' The time will come when history will be ventilated, and instead of a hero, he will stand before the country in his true character. Under cover of night, in the name of religion, he committed crimes too base for common sinners to meddle with."

"Thus is the Republican party hurried along on the dark stream of its destiny by a power which its moderate leaders cannot resist. The party consists of two elements-one the political, the other the fanatical. The political wants merely spoils and power, and to that end keeps up the anti-slavery agitation, in Thus ends our quotations on this subject. which it has no faith. The other element-We have shown that there was nothing in the the fanatical, or abolition, pure and simpleis perfectly sincere, like John Brown, and is rapidly leavening the whole party. Álready the Republicans are more than half Abolitionized, and the process is still going on, at a fearful speed. The moderate men will be carried away by the resistless current, and when the politicians, who always go with the strongest side, find out the strength of the revolutionary element, they will yield themselves up to its sweeping energy, preferring to be borne on the crest of the wave rather than to be overwhelmed beneath its weight."

In a speech in Philadelphia, 1863, Colonel FORNEY delivered himself as follows:

"A year ago this night, when an assemblage not so enthusiastic as this did me the honor to pay me a visit, I took a liberty with them; and for that I have since that time been slandered

by all the copperheads, from Wm. H. Reed, to Chas. J. Biddle, ("up" or "down" as you may please to make it.) I asked the band to play a national hymn, the hymn of John Brown

life or character of this old horse thief and murderer, John Brown, calculated to draw after him the prayers, the good wishes, or even the sympathies of the wise or virtuous. We therefore, have the right to infer that all those who affected sympathy with John Brown, but manifested their own diabolical guilt, not merely as partakers in his crime at Harper's Ferry, but that higher crime of purposely and treasonably aiding a rebellion to break up the Union. A stretch of unbounded charity may possibly snatch a few "misguided fanatics" from the category of wilful treason, but history will not-cannot-exhonorate them from consequential guilt.

To the guilty Southern disunionists, the general Northern endorsement of John Brown was a God send. They saw in it the means to develope to the full a Southern disunion party,

and the most fervent appeals were made by Yancey, Toombs, Rhett, Davis and other Southern traitors, to arouse the spirit of alarm in the Southern mind, and they met with a success which no other events had enabled them to gloat over.

It gives us no pleasure to record these disgraceful facts, but when our Gibbon shall take up his unbiased pen to write out the impartial history of our Greece and our Rome, he will thank us or collecting these facts, so convenient for his purpose, and when the crimes of this age shall be folioed, not by the penny-aliner or cheap pamphleteer, but by the historian, who shall look through the telescope of truth, without bias, and scanning the designs of faction through the long vista of the then past, shall present the "logic of our history" to our children's children, as we now read that of our father's fathers.

That the Kansas conflict was stimulated, and the Harper's Ferry affair consummated, and afterwards so boldly endorsed, for the express purpose of so exciting the Northern mind as to cast the entire Northern electoral vote for an exclusively Northern candidate in 1860-that this great leading fact will appear in the unbiased history of the future, together with a full expose of its criminal aims and purposes, we have not the slightest doubt.

On looking back upon the events of the short past, our only wonder is that civil war had not actually broken out in 1859. The fact that it did not, will astonish all who can appreciate the explosive materials of which the American character is composed.

CHAPTER XV.

WISCONSIN NULLIFICATION AND SECESSION.

Judge Smith Scouts the Consequences of His Own Acts ...The Seven Points as Proof...The "State Journal " declares "Dissolution no Misfortune "...Republicans Resolve to "Revolutionize the Government"...Republican Paters for Dissolution...To Sustain the Decision of the Federal Court declared a Crime... Republicans claim that Judge Paine was elected expressly to Defy the Federal Court...Disunionists in Mass Convention...General Government again Defied...Republicans endorse Southern Nullification... Wisconsin Legislature "Positively Defies" the Federal Government...Substitute to Sustain the Government Voted Down..:Doolittle's Views... Northern Nullification a Twin of Southern Nullification... Wisconsin endorses South Carolina and South Carolina endorses Wisconsin.

THE WISCONSIN CONSPIRACY.
"O, pity, God, this miserable age-
What strategems! how fell! how butcherly,
Erroneous, mutinous, unnatural,
This deadly quarrel daily doth beset!"
[King Henry VI
"Between the acting of a dreadful thing
And the first motion, all the interim is
Like a phantasma, or a hideous dream;
The genius and the mortal instruments
Are there in council, and the state of a man,
Like a little kingdom, suffers then
The nature of an insurrection."

[Shakspeare's Julius Cæsar. During the life of this Government, it has experienced four shocks of sesession. Startle not, for such is the truth of history. Sesession does not necessarily consist in actually taking up arms and mustering hostile forces against the General Government, but it consists in treasonable resolves, defiant denunciations and authoritative declarations by the people by legislative bodies, and by Supreme Court decisions, positively defying the General Government. As we have already seen, Massachusetts, Connecticut and Rhode Island seceded from the Union in 1814. They were the pioneers in the criminal work of sesession, and by the blue light of the Hartford Convention, we read their treasonable anathemas, their criminal hatred of our Common Country, and their threats of "positive defiance," hurled boldly against the General Government.

In 1833 South Carolina seceded from the Union, as far as that treasonable State could,

The Four Shocks of Secession: 1st, New England; 2d, without successful revolution. She bid posi

tive defiance to the General Government, and threatened to, and did resist its laws.

South Carolina; 3d, Wisconsin; 4th, The Confederate States... Wisconsin Bids "Positive Defiance" to the General Government...Constitutional Provisions Relative to Judicial Dicisions...A Premeditated Conspiracy to take Wisconsin Out of the Union...Complete ChronoIn 1854 and to 1859 Wisconsin followed in the logical History of the Booth Case, and Judicial Action wake of old treasonable Massachusetts, and theroon... The Federal Supreme Court declare that Wisconsin was the First to Set Up the Supremacy of the traitorous South Carolina. Yes, Wisconsin State over the Federal Court... Republicans Break Open Arsenal, and Seize Arms to Defy the Power of the seceded from the Union! So far as it was posGovernment...Judge Paine's "Eloquent Extract"...Op-sible for the reigning majority to take her out position to Law Placed Judge P. on the Bench...The Rescue Leaguers... Republican Meeting to Denounce Law...Judge Crawford Opposed solely because he felt Bound by the Decision of the Federal Court... The Constitution Quoted... Lloyd Garrison declares Fugitive Law Constitutional, but Defies It..." Milwaukee Sentinel" on Habeas Corpus and Jury Trial for Negroes...Opposi

tion to the General Government a Political Test... The "Wisconsin State Journal" on said Test... Various Republican Papers on the Test...Judge Smith's Opinion... No Precedent to Sustain It... What Senator Howe said...

of the Union, they did it. The Supreme Court, composed of members who were elected expressly on the issue of defiance to the General Government, took the broad ground of Calhoun nullification, and seceded from the authority of the Federal Government. The Ex

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 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 Union.

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," under the Constitution of his country. It was a violent mob, that broke into the jail and forcibly took therefrom the object of their vio

lence.

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 Monday 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

made return, stating the proceedings before the 20th, and on the 23d the Court over-ruled him.

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

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 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.

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.

After he had thus been in durance vile for some time, a Republican mob, headed by one Edward Daniels, [who was afterwards appointed by Gov. Randall as Colonel of the 1st Wis

Upon these proofs, the Attorney General of the United States moved the court for an order upon said clerk, to make return on or before the first day of the next ensuing term of the Federal court. The rule or order was accordingly 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 Federal court the affidavit of the United States Marshal of Wisconsin, that he had served the 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.

confinement, when Booth took refuge among his disunion friends at Ripon, an intensely abolition district in the interior of the State. To 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 COURTS 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!!"

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 loward, 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 BooтTH'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.

After this decision was announced, Booth was re-arrested, and the Republican Legislature having in the meantime passed a law forbidding the use of jails in the State for such

gitive law, while that law, in all its ports, was then before the highest tribunal of the land for adjudication, he assured the jury,

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

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