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that slaves who should escape from their masters into other states, should be given up. Why, gentlemen, the Fugitive Slave law itself, which creates such universal disgust and horror (only As proof that faith in the decision of the by the politicians for political effect] does not Supreme Court, and consequently organized contain the words runaway slave,' or 'slave political opposition to the General Govern... holder,' or 'slave catcher;" in its language it is entirely unexceptionable. It is the language ment, in the execution of its laws, was made of the Constitution of the United States ! the test of political orthodoxy, we quote from.

"What a waste of time and effort it would the Wisconsin State. Journal, the central Rebe to argue, from the phraseology of that nefarious law, that it was never designed by publican organ of the State, of February 15, Congress to refer to fugitive slaves! Enough, 1855. that for seventy years, all the courts, all the It must be noted, that Judge CRAWFORD, a

, people, have unerstood these compromises of the Democrat, whose term of office was about to Constitution in precisely the same way, and expire, had been called upon by the conservapronounced them obligatory! It is too late, | tives of all parties to become a candidate for therefore, to get up a new and unwarrantable re-election. As a man of ability and uprightconstruction of the Constitution, in order to justify us in doing right and obliging God! — ness of character, he was pre-eminent. Even All I have to say is, as one holding loyalty to the court organ, the Journal, was God, to be paramount in all cases, I care not, pelled to thus speak of him: though every word in the Constitution be for slavery, or every sentence an argument on our "'It is of very great importance that a worthy part to stand by it; in that case it is all null man, and one competent to discharge the high and void, and a crime of the deepest dye for us responsibilities of the station, should be to carry it out, and so I stand here on the chosen. Judge Crawford is a man of fair abilground of eternal justice, and appeal to the ities, of good address, possessing the elements law of the living God, and ask you to do like- of personal popularity in a high degree. When wise."

we have once got a good man upon the Supreme

bench, good policy dictates that he should be Give us honesty before hypocracy. We kept there, until there is some good reason for therefore prefer GARRISON, as a consistent, filling his place with another. There is one outspoken, bold, bad man, to all those who sition with regard to the Fugitive Slave Act.

objection, however, to Mr. Crawford-his pohypocritically strike down the Constitution on [That is, he had decided that he, as a judge pretext of saving it.

of an inferior tribunal was bound by the decisions of the Federal Supreme Court. That was his only offense.] A very great majority of the people of the State, sustain most cordi

ally the opinions of the Chief Justice (Whiton) The Milwaukee Sentinel, the leading Re- and Justice Smith. They will be aware that publican organ in the State, in speaking of and will be received at Washington by the

the election of Judge Crawford will go, abroad, the decision of our Supreme Court in the res

present dough-face Administration. [The cue cases, said:

'government in modern nomenclature,] as

an endorsement of the people of Wisconsin of "Wisconsin is, and will remain a free State, the opinion, in which Judge Crawford dissentand while she claims no right, and cherishes ed, from the decision of the court, as to the no desire to intermeddle in the domestic affairs unconstitutionality of that act. We should by of her sister sovereignties, she will at least as- no means concede that it was such an endorse'sert and exercise at all times, and at every haz- ment, in case Judge Crawford were elected, ard the power to protect her own citizens, and but that it will be declared so abroad, every to maintain and defend, in all their integrity, man who knows anything will acknowledge. the writ of habeas corpus and right of trial by “Under these circumstances, there will be opjury."

position to his (Judge C's) election. There

should be opposition. This was said in reference to the trial of consin desire to sustain the manly, fearless and

If the people of Wisblack men, in 1854, but in 1863, the same pa- just position of the Supreme Court, they per gloried in the arrest and imprisonment of should elect some man whose past course will white men, without charge, judge, jury, or

be deemed a guarantee by them, that he will

sustain the decision of a majority of the court! trial. As we cannot believe the Republicans If they desire that Wisconsin should continue really esteem black men higher than they do to occupy, as she now occupies an open uncomwhite men, we are led to take their vaporings in promising position of hostility to the further 1854–5, as nothing but so much fuel to fan the extensisn of slavery, and to the spread of that

institution throughout the northern and free flame of popular excitement and dissolution. | free states as a national institution [a common




proper one."

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child may understand the drift of this hypo-sible power, has little sympathy with the

critical rhodomontade] which is the effect of cause of human freedom. All laws which tend the fugitive act if it be constitutional--they to aggrandize the power of the General Gov. will feel themselves bound to oppose the re- ernment meet with the sympathy of that Court, election of Judge Crawford. We regret to be for it is a part of that General Government; obliged to take this ground. [Here we see the and here one of the frailties of human nature, power of party drill.] Personally we should selfishness, has a strong position from which gladly see him (Judge C.) re-elected, but hav- to argue the aggrandizement of the whole ing endorsed the decision of the Judges, and

"To make the worse appear the better side." rejoiced over it as a great triumph of freedom

-a decision of which the state may well feel "The duty, as well as the interest of this proud, consistency and a due regard to princi- generation, the interests of posterity, all comple, compel us to believe this course the only bine to create a necessity for bringing back the

judicial tribunals of the country, as rapidly as Now, to say nothing of the bad policy of possible, to the standard of the Constitution

as it reads and is construed by its authors and making judicial docisions in the political cau- framers." cus room, and selecting candidates cut and

The State Journal of March 31st, said: dried to annouco them, the reader will not fail

"When Messrs. Cole and Crawford were first to see in the foregoing a proconcerted political called out, we supposed the real question was move to so shape the judiciary of the state as mainly, whether the people of this State were to play into the hands of the political majority, in favor of the enforcement of the Fugitive in its' treasonable role of sidefianco? to the Slave Act in our štate or not; whether the

decision of a majority of the Supreme Court, powers of the General Government.

by which a protecting ægis was interposed between the liberties of her citizens and a tyranical and unconstitutional statute, were to be

sustained." The Republican papers of the state general

The Appleton Crescent, a Democratic paper, ly, during the judicial elections, have made the though speaking well of Judge Cole, gave us Supreme Court decision the alpha and omega to understand it understood the “issue,?? as of their political creed. We select a few spe- follows: cimens:

"No objection can be urged against him, The Platterille American, rep.,opposed Judge unless it is that Judge CRAWFORD has a deCRAWFORD and favored Judge COLE:

cided advantage over him on account of two

years' experience as a member of the Supreme Whose opinions in regard to the Fugitive

. Court, and that Mr. Cóle is a staunch believer

in the views of the majority ef the voters of the in the unconstitutionality of the Fugitive Slave state than Mr. Crawford, who conflicts with the other Judges of the Supreme Court, in This was thoroughly understood by all classdeeming the Fugitive Slave Act, with all its es to be the issue--the Democrats taking obnoxious provisions, its denial of the writ of ground in favor of law because it was law, as habeas corpus, and trial by jury, perfectly constitutional."

interpreted by the highest judicial tribunal

--the Republicans taking ground against law, The Columbus Journal (Rep.) said:

because they could make political capital by "Exert that faculty which God has given positively bidding defiance?) to the General you, sound common sense, and we have no fears of the result. Come up to the polls man Government. fully on the 3d of April next, and show the

NOTHING TO SUSTAIN JUDGE SMITH'S OPINION. world that you are not bound hands and feet to the slave-holders’, slave-hunters', and Judge Smith, in reading his decision, which slave-catchers' car, to be dragged, Hector- thus placed Wisconsin in open hostility to the like, not around the walls of Troy, but the crumbling walls of your temple of liberty."

General Government, seemed to ignore the The Monroe Sentinel (Rep.) seemed to have legal maxim of stare de cisis, and also seemed

to scout the idea of res adjudicata. His an impression that the Supreme Court had at opinion” stands alone, with not a prop to that time decided the fugitive aut constitution- sustain it, save the "fiat of the political club al, for it said:

The State Journal, in alluding to his .:... 6 Recollect that the Supreme Court of the decision at the time, sail:

United States, and all its branches, is placed beyond the reach of the will of the people. --- "It is to be regretted that the haste with The Court, in its pride of place and irrespon- which the opinion was prepared, rendered it




impossible to fortify the position taken by provided, are not the frightful things which Judge Smith with reference to the authorities they are represented to be."

which they are founded, and which should accompany an opinion of so much importance." ries" that the Union still survives."

And he congratulates certain "functionaThe Hon. TIMOTHY 0. Howe, (now U.S. Wonder what the Judge thinks now of the Senator) who was then considered conserva- "check and balances” which he inaugurated tive, was a member of the Republican State to prevent dissolution ? Convention to appoint delegates to the Nation- From the great array of facts before us, we al Convention at Chicago, and also when the have not a particle of doubt that from 1854 to case of Judge Dixon came up, wherein the 1859, the leading Republicans of this state Judge had rendered a decision contrary to

were in conspiracy to break up the Union. Judge Smith. In repiy to Carl Schurz, who ist. Look at their initiation of mobs against went the whole Red Republican figure for the the officers of the law SMITH-state-rights doctrine, Senator HOWE

2d. The Supreme Court discharging those said:

mobocrats in defiance of law declared consti"I have seen a pamphlet here which gave tutional in all its points, by the highest court more than two hundred cases, quoted from all known to our laws. the states of the Union, that sustain the position of Judge Dixon, and not one could be

3d. The making this action the test for office found in opposition.".

by the Republicans.

4th. The recommendation by Gov. RANDALL JUDGE SMITH SCOUTS THE CONSEQUENCES OF | in his message, of resistance to the General

Government The Democracy feared the dreadful conse- 5th. The repetition of that recommendation. quences of this revolutionary spirit, and they 6th. The resolutions of the Legislature of predicted that it would be the parent of. collis- 1859, 'which bid positive defiance" to the ion between the State and the General Govern-General Government, Supreme Court and all. ment, of civil discord, revolution and dissolu- 7th. The subsequent mobs that took the law tion, which predictions were scoffed at by the into their own hands to enforce the revolutionAbolitionists at the time, and Judge Smith, in ary decrees of the court, the legislature and a note to his published opinion in the Booth the secession politicians. case, takes occasion to treat these fears as ill grounded, &c. He says:

At a Republican Convention held at Munroe, "It is the practice; of late, to hold up before the mind such frightful pictures of "collision," | Green county, Wisconsin, in August, 1856, the 'resistance, 'civil discord,' 'revolution," "an following resolution was passed: archy,' and 'dissolution,' that it would seem,

'Resolved, That it is the duty of the North, that any effort of resistance to the exercise of in case they' fail in electing a President and unauthorized power, and every attempt to faith-Congress that whill restore freedom to Kansas, fully execute official duty, imposed by the con- to revolutionize the Government!" stitution and laws, is to be dreaded as an approach to treason--that any diversity of opinion

The author of this treasonable resolution was or action between the functionaries of the two subsequently placed in several responsible pogovernments must necessarily terminate in a

sitions by the Republican party. Green coundissolution of tte Union But the real danger to the Union consists, not ty has been intensely Republican since the orso much in resistance to laws constitutionally ganization of that party. enacted, as in acquiescence in measures which violate the constitution."

"DISSOLUTION NO MISFORTUNE." And after reciting sundry former collis

The Wisconsin State Journal, of July 8, ions” between the General and the State Gov- | 1854, said: ernments, the Judge comes to the conclusion “Now, we believe that if slavery is allowed that those collisions” are just the thing to to broaden and fortify itself without restriction, keep the Union together. He says :

to grow insolent, intolerant and proscriptive,

through the timid acquiescence of the free "But I adduce these facts to show, that these states, to increase in boldness and greed, for 'collisions,' as they are now called, but which the next quarter of a century in the same raare merely the healthful operation of the checks tio that it has for the past, that the ends and balances which the Constitution has wisely sought to be accomplished in the formation of



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the Union will no longer be attained. Dis- The next morning after Judge Paine reunion then would certainly be no misfortune!fused to sit in the case, the Milwaukee Free

If disunion was not in the heart, it would not Democrat, a most violent Republican sheet, isescape from the lips.

sued the following bull of excommunication: We repeat the assertion, that the Union is "The news from Madison informs us that not worth a.copper to the North in any point Judge Paine refuses to sit in the habeas corpus of view, but is a perpetual sacrifice of both with reference to Booth, leaving the decision money and morals, an assertion we can make of the case to Cole and Dickson. The result good.". Mil. Free Democrat, 1859.

of this will probably be, the ultimate failure of the application (which was true, and the only

thing that saved the State from the terrors of The Elkhorn, (Wis ) Independent, a violent have got themselves into a peculiar position.

civil war.] The State Rights men of the State Republican sheet, in 1859, said:

With a majority of from seven to twelve thous"The Union may be dissolved, but slavery and in the State, they are, nevertheless, parmust die, and if it can only die or be restrict- alyzed and powerless. [This shows that they ed to its present limits, through a dissolution relied on the caucus-room to govern the bench.) of the Union, then in the name of the Fram- They, themselves, appear to have made a misers of the Union, who made it to secure the take in electing a man to the bench, who finds blessings of liberty, let the Union be dissold himself unable to he of any service in the matved!"

ter, for which almost exclusively he was pre

ferred to many others; while the Governor A CRIME TO SUSTAIN THE LAW AS EXPOUND-finds he made a mistake with reference to his

appointee (Dickson.) Doubtless the delicacy of

Judge Paine will be appreciated by the proJust after the Supreme Court of the United fession, but we fear the great mass of the peoStates had decided the DRED SCOTT case, the ple (the politicians] will fail to understand it. Republicans of Racine county held a grand He is not ruled off by any statute or positive council, and

prohibition. He was once counsel for Booth in

connection with this matter, though not upon Resolved, That the decision of the Supreme this particular point, if we understand it, and Court in the Dred Scott case, and the en

retires in obedience to custom or common law. dorsement thereof by the Democratic party, He was elected, however, with

special reference is an insult to the memory of the founders of to his views on this point. His views are no our country-a violation of the plainest prin- better known than those of Cole, who has once ciples of natural and constitutional law-a decided the case." perversion of history and an encroachment upon the rights of the States, and a blow struck at the inalienble rights of man."

Several years ago the Republicans held & So much for the arrogance of a political Mass State Convention, and closed their resoparty that failed to inform the world from lutions by declaring that the decision of the whence they derived their authority, to sit in Supreme Court in the DRED Scott case: judgment to revise the "natural laws" of God, "Has absolved the state from all obligation and the decisions of the Supreme Court of the to regard them [fugitives from labor] as beUnited States.

longing to that class of "persons” who are to

be delivered up as owing service or labor." JUDGE PAINE 6 ELECTED WITH SPECIAL RE- Capt. BROWN, of Kansas, and GERRIT

SMITI aderessed the Convention. BOOTH Was We have before stated that Judge PAINE Chairman of the Committee on Resolutions. was elected to the Supreme Bench, not so much Several collections were taken up to aid the on account of his judicial lore, as because he spread of the "cause” in Kansas and Kénwas pre-committed against the validity of the tucky. Fugitive law, or because his supporters awarded him that position. When the second BOOTH case came before the Court, Judge. P. from a pro

January 1857 the Republicans put forth a fessional and judicial sense of the impropriety, platform," from which we take the following refused to sit in the case, having been counsel “plank.” The heading or preamble sets out

that for the defendant. For this the State Rights disunionists soundly berated him, as it left the

"The people of Wisconsin in Mass ConvenCourt without a majority to get up an actual croachments of the slave power, manifested

tion assembled, in view of the alarming enconflict with the General Government.

through the Legislative, Executive and Judi





* *

cial Departments of the Federal Government,tween the states, granting to the United States &c.

certain powers or attributes of sovereignty,and

to that extent the states severally divested One of the planks is the following:

themselves of those powers and attributes, but "That we cling to the sovereignty and rights all powers not so granted are withheld by the of the states and to the pretecting power of the states severally, state courts against the encroachments and usur

"Such have been the uniform doctrines of pations of the Federal Government, as the sheet the most brilliant statesmen and party leaders anchor of our liberties, and that we pledge of the South, and such are the only doctrines ourselves to sustain the state courts and the by which this Federal Government can be state government in protecting the liberties of maintained. the people (that is the liberty of the politicians to violate law) at all hazards and in all

"The positions taken by Judge Smith are emergencies!"

eminently in the right."





Governor RANDALL, in his message to the The following article appeared in the Mil- Wisconstn Legislature of 1858, said : waukee Free Democrat. It shows from what

Thé tendency of the action of the Federal source the Republicans drew their nullification Government has been for many years, aided by sustenance:

the Federal Courts, to centralization, and to

an absorption of a large share of the soverign"SUPREME COURT OF GEORGIA.We per- ty of the States. It has trspassed upon the ceive from our Georgia exchanges that Judge reserved rights of the States and the people Benning decided that the Supreme Court of assuming a jurisdiction

them in Georgia is co-equal and co-ordinate with the their



power undelegated. Supreme Court of the United States, and not The Federal Government, so far as there is inferior and subordinate to that Court; that any sovereignty under our form of Governas to the reserved powers, the State Court is ment, is sovereign and independent in the exsupreme; that as to the delegate powers, the ercise of its delegated powers, and the States United States Court is supreme; that as to the are sovereign and independent in the exercise powers both delegated and reserved-concur- of their reserved powers. The safety of the rent powers--both Courts, in the language of States in the exercise of these powers, in deHamilton, are equally supreme,' and as a con- fense of the lives and properties and liberties sequence, the Supreme Court of the United of the people,' demands a fair, deliberate opStates has no jurisdiction over the Supreme position and resistance to any attempt at usurCourt of Georgia, and cannot therefore give it pation or aggression [of which let the Repuban order, or make it a precedent."-Charleston licans be the sole judges] by the Federal Gov(S. C.) paper.

ernment, its Courts, its officers, or agents upon "The above is the precise doctrine laid down the reserved rights of the States or the people.? by Mr. Justice Smitla, of our Supreme Court, And in his message to the Legislature of in his opinion announced verbally from written 1859, he thus reiterates his views: notesiu the case of S. Booth’s petition for habeas corpus, carried to Supreme Court by "My views, as expressed in my last annual Ableman on writ of error. And it is undoubt- | Message, in regard to the relative powers and edly the true doctrine. For if the Supreme duties of the State and Federal Governments," Court--the highest judicial tribunal of the &c., "remain unchanged." state--is inferior to that of the United States, the sovereignty of the state represented by that

HOW THESE DISUNION RECOMMENDATIONS tribunal must be an inferior sovereignty, which would be no sovereignty.

After having pressed this matter close upon Judge, land by Judge Smith, iš to the effect the Legislature for two sessions, that body, that the opinions and decisions of the Supreme being "full in the belief,” moved in the matCourt of the United States were of no more ter, during its session of 1859. Mr. N. S. binding force on the Supreme Courts of the Murphy, Chairman of the Judiciary Committee, states than are the opinions and decisions of the latter on the former, and that neither have any

introduced a series of "backbone” resolutions, more binding force on the other than the de- on the 12th of March, which were thus noticed cisions of the highest court of England would by the State Journal of that day: have to control the action of the highest court of France. Each within its own sphere is the

"REFRESHING--A ROUSER. creation of a distinct sovereignty, between "Mr. N. S. Murphy introduced a resolution whom there is neither superiority nor inferior-brim full of genuine Republican doctrine upon ity, but exact equality. But the sphere of the the subject of the illegality and unconstituaction of these sovereignties is restricted, or tionality of the proeeding of the U. S. Court limited by the provisions of the compact be- l in relation to the case of S. M. Booth, which


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