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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 by the politicians for political effect] does not contain the words 'runaway slave,' or 'slave holder,' or 'slave catcher;" in its language it is entirely unexceptionable. It is the language of the Constitution of the United States! "What a waste of time and effort it would be to argue, from the phraseology of that nefarious law, that it was never designed by never designed by Congress to refer to fugitive slaves! Enough, that for seventy years, all the courts, all the legislatures, all the congresses, and all the people, have unerstood these compromises of the Constitution in precisely the same way, and pronounced them obligatory! It is too late, therefore, to get up a new and unwarrantable construction of the Constitution, in order to justify us in doing right and obliging God!All I have to say is, as one holding loyalty to God, to be paramount in all cases, I care not, though every word in the Constitution be for slavery, or every sentence an argument on our part to stand by it; in that case it is all null and void, and a crime of the deepest dye for us to carry it out, and so I stand here on the ground of eternal justice, and appeal to the law of the living God, and ask you to do likewise."

Give us honesty before hypocracy. We therefore prefer GARRISON, as a consistent, outspoken, bold, bad man, to all those who hypocritically strike down the Constitution on pretext of saving it.

THE HABEAS CORPUS AND JURY TRIAL FOR
NEGROES.

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"It is of very great importance that a worthy man, and one competent to discharge the high responsibilities of the station, should be chosen. Judge Crawford is a man of fair abilities, of good address, possessing the elements of personal popularity in a high degree. When we have once got a good man upon the Supreme bench, good policy dictates that he should be kept there, until there is some good reason for filling his place with another. There is one sition with regard to the Fugitive Slave Act.objection, however, to Mr. Crawford-his po[That is, he had decided that he, as a judge 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 cordially the opinions of the Chief Justice (Whiton) and Justice Smith. They will be aware that and will be received at Washington by the the election of Judge Crawford will go, abroad, present dough-face Administration. [The '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 endorsesert 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 jury."

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The Milwaukee Sentinel, the leading Republican organ in the State, in speaking of the decision of our Supreme Court in the rescue cases, said:

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This was said in reference to the trial of black men, in 1854, but in 1863, the same paper gloried in the arrest and imprisonment of white men, without charge, judge, jury, or trial. As we cannot believe the Republicans really esteem black men higher than they do white men, we are led to take their vaporings in 1854-5, as nothing but so much fuel to fan the 1854–5, as nothing but so much fuel to fan the flame of popular excitement and dissolution.

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"Under these circumstances, there will be opposition to his (Judge C's) election. There consin desire to sustain the manly, fearless and should be opposition. If the people of Wisjust position of the Supreme Court, they should elect some man whose past course will be deemed a guarantee by them, that he will sustain the decision of a majority of the court! If they desire that Wisconsin should continue to occupy, as she now occupies an open uncompromising position of hostility to the further extensisn of slavery, and to the spread of that institution throughout the northern and free free states as a national institution [a common

cause of human freedom. All laws which tend to aggrandize the power of the General Government meet with the sympathy of that Court, for it is a part of that General Government; and here one of the frailties of human nature, selfishness, has a strong position from which to argue the aggrandizement of the whole

child may understand the drift of this hypo- | sible power, has little sympathy with the critical rhodomontade] which is the effect of the fugitive act if it be constitutional-they will feel themselves bound to oppose the reelection of Judge Crawford. We regret to be obliged to take this ground. [Here we see the power of party drill.] Personally we should gladly see him (Judge C.) re-elected, but having endorsed the decision of the Judges, and rejoiced over it as a great triumph of freedom -a decision of which the state may well feel proud, consistency and a due regard to principle, compel us to believe this course the only proper one."

Now, to say nothing of the bad policy of making judicial decisions in the political caucus room, and selecting candidates cut and dried to annouce them, the reader will not fail to see in the foregoing a preconcerted political move to so shape the judiciary of the state as to play into the hands of the political majority, in its treasonable role of "defiance" to the powers of the General Government.

FURTHER EVIDENCE OF THE POLITICAL CON-
SPIRACY.

The Republican papers of the state generally, during the judicial elections, have made the Supreme Court decision the alpha and omega of their political creed. We select a few specimens:

The Platteville American, rep.,opposed Judge CRAWFORD and favored Judge COLE:

"Whose opinions in regard to the Fugitive Slave Act are more nearly in accordance with Slave Act are more nearly in accordance with the views of the majority ef the voters of the state than Mr. Crawford, who conflicts with the other Judges of the Supreme Court, in deeming the Fugitive Slave Act, with all its obnoxious provisions, its denial of the writ of habeas corpus, and trial by jury, perfectly constitutional."

The Columbus Journal (Rep.) said:

"To make the worse appear the better side." "The duty, as well as the interest of this generation, the interests of posterity, all combine to create a necessity for bringing back the judicial tribunals of the country, as rapidly as possible, to the standard of the Constitution as it reads and is construed by its authors and framers."

The State Journal of March 31st, said:

called out, we supposed the real question was "When Messrs. Cole and Crawford were first mainly, whether the people of this State were in favor of the enforcement of the Fugitive Slave Act in our State or not; whether the decision of a majority of the Supreme Court, by which a protecting ægis was interposed between the liberties of her citizens and a tyranical and unconstitutional statute, were to be sustained."

The Appleton Crescent, a Democratic paper, though speaking well of Judge COLE, gave us to understand it understood the "issue," as follows:

unless it is that Judge CRAWFORD has a de"No objection can be urged against him, cided advantage over him on account of two years' experience as a member of the Supreme Court, and that Mr. COLE is a staunch believer in the unconstitutionality of the Fugitive Slave Act."

This was thoroughly understood by all classes to be the issue-the Democrats taking ground in favor of law because it was law, as interpreted by the highest judicial tribunal -the Republicans taking ground against law, because they could make political capital by positively bidding defiance" to the General

Government.

NOTHING TO SUSTAIN JUDGE SMITH'S OPINION.

"Exert that faculty which God has given you, sound common sense, and we have no fears of the result. Come up to the polls manfully on the 3d of April next, and show the world that you are not bound hands and feet to the slave-holders', slave-hunters', and slave-catchers' car, to be dragged, Hectorlike, not around the walls of Troy, but the crumbling walls of your temple of liberty." The Monroe Sentinel (Rep.) seemed to have an impression that the Supreme Court had at that time decided the fugitive act constitution-"opinion" stands alone, with not a prop to that time decided the fugitive act constitution-sustain it, save the fiat of the political club al, for it said: room. The State Journal, in alluding to his decision at the time, said:

Recollect that the Supreme Court of the United States, and all its branches, is placed beyond the reach of the will of the people.The Court, in its pride of place and irrespon

thus placed Wisconsin in open hostility to the Judge SMITH, in reading his decision, which General Government, seemed to ignore the legal maxim of stare de cisis, and also seemed to scout the idea of res adjudicata. His

"It is to be regretted that the haste with which the opinion was prepared, rendered it

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impossible to fortify the position taken by Judge Smith with reference to the authorities upon which they are founded, and which should accompany an opinion of so much importance."

The Hon. TIMOTHY O. HOWE, (now U. S. Senator) who was then considered conservative, was a member of the Republican State Convention to appoint delegates to the National Convention at Chicago, and also when the case of Judge Dixon came up, wherein the Judge had rendered a decision contrary to Judge SMITH. In reply to CARL SCHURZ, who went the whole Red Republican figure for the SMITH-state-rights doctrine, Senator HoWE

said:

"I have seen a pamphlet here which gave more than two hundred cases, quoted from all the states of the Union, that sustain the position of Judge Dixon, and not one could be found in opposition." 27

JUDGE SMITH SCOUTS THE CONSEQUENCES OF HIS DECISION.

The Democracy feared the dreadful consequences of this revolutionary spirit, and they predicted that it would be the parent of collision between the State and the General Government, of civil discord, revolution and dissolution, which predictions were scoffed at by the Abolitionists at the time, and Judge Smith, in a note to his published opinion in the Booth case, takes occasion to treat these fears as ill grounded, &c. He says:

"It is the practice, of late, to hold up before the mind such frightful pictures of 'collision, 'resistance,' 'civil discord,' 'revolution,' 'anarchy,' and 'dissolution,' that it would seem, that any effort of resistance to the exercise of unauthorized power, and every attempt to faithfully execute official duty, imposed by the constitution and laws, is to be dreaded as an approach to treason-that any diversity of opinion or action between the functionaries of the two governments must necessarily terminate in a dissolution of the Union *

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But the real danger to the Union consists, not so much in resistance to laws constitutionally enacted, as in acquiescence in measures which violate the constitution."

provided, are not the frightful things which they are represented to be."

ries" that "the Union still survives."

And he congratulates certain "functiona

Wonder what the Judge thinks now of the "check and balances" which he inaugurated to prevent dissolution ?

From the great array of facts before us, we have not a particle of doubt that from 1854 to 1859, the leading Republicans of this state were in conspiracy to break up the Union.

1st. Look at their initiation of mobs against the officers of the law

2d. The Supreme Court discharging those mobocrats in defiance of law declared constitutional in all its points, by the highest court known to our laws.

3d. The making this action the test for office by the Republicans.

4th. The recommendation by Gov. RANDALL in his message, of resistance to the General Government

5th. The repetition of that recommendation. 6th. The resolutions of the Legislature of 1859, which bid "positive defiance" to the General Government, Supreme Court and all.

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7th. The subsequent mobs that took the law into their own hands to enforce the revolutionary decrees of the court, the legislature and the secession politicians.

THE RADICALS WANT A DISSOLUTION.

At a Republican Convention held at Munroe, Green county, Wisconsin, in August, 1856, the following resolution was passed:

"Resolved, That it is the duty of the North, in case they fail in electing a President and Congress that whill restore freedom to Kansas, to revolutionize the Government!"

The author of this treasonable resolution was subsequently placed in several responsible positions by the Republican party. Green county has been intensely Republican since the organization of that party.

"DISSOLUTION NO MISFORTUNE." The Wisconsin State Journal, of July 8,

And after reciting sundry former "collisions" between the General and the State Gov-1854, said: ernments, the Judge comes to the conclusion that those "collisions" are just the thing to keep the Union together. He says:

"But I adduce these facts to show, that these 'collisions,' as they are now called, but which are merely the healthful operation of the checks and balances which the Constitution has wisely

"Now, we believe that if slavery is allowed to broaden and fortify itself without restriction, to grow insolent, intolerant and proscriptive, through the timid acquiescence of the free states, to increase in boldness and greed, for the next quarter of a century in the same ratio that it has for the past, that the ends sought to be accomplished in the formation of

the Union will no longer be attained. Disunion then would certainly be no misfortune!" If disunion was not in the heart, it would not escape from the lips.

"We repeat the assertion, that the Union is not worth a copper to the North in any point of view, but is a perpetual sacrifice of both money and morals, an assertion we can make good."—Mil. Free Democrat, 1859.

MORE TREASON CROPPING OUT.

The Elkhorn, (Wis) Independent, a violent Republican sheet, in 1859, said:

The next morning after Judge PAINE refused to sit in the case, the Milwaukee Free | Democrat, a most violent Republican sheet, issued the following bull of excommunication:

"The news from Madison informs us that Judge Paine refuses to sit in the habeas corpus with reference to Booth, leaving the decision of the case to Cole and Dickson. The result 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 have got themselves into a peculiar position. civil war.] The State Rights men of the State 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 dissol- himself unable to he of any service in the matter, for which almost exclusively he was preferred to many others; while the Governor finds he made a mistake with reference to his appointee (Dickson.) Doubtless the delicacy of Judge Paine will be appreciated by the profession, but we fear the great mass of the people [the politicians] will fail to understand it. He is not ruled off by any statute or positive prohibition. He was once counsel for Booth in connection with this matter, though not upon this particular point, if we understand it, and retires in obedience to custom or common law. He was elected, however, with special reference to his views on this point. His views are no better known than those of Cole, who has once decided the case."

ved!"

A CRIME TO SUSTAIN THE LAW AS EXPOUND-
ED BY THE FEDERAL COURT.

Just after the Supreme Court of the United
States had decided the DRED SCOTT case, the
Republicans of Racine county held a grand
council, and

Resolved, That the decision of the Supreme Court in the Dred Scott case, and the endorsement thereof by the Democratic party, is an insult to the memory of the founders of our country-a violation of the plainest principles of natural and constitutional law a perversion of history and an encroachment upon the rights of the States, and a blow struck at the inalienble rights of man."

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So much for the arrogance of a political party that failed to inform the world from whence they derived their authority, to sit in judgment to revise the "natural laws" of God, and the decisions of the Supreme Court of the United States.

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JUDGE PAINE ELECTED WITH SPECIAL RE-
FERENCE TO HIS VIEWS.

We have before stated that Judge PAINE was elected to the Supreme Bench, not so much on account of his judicial lore, as because he was pre-committed against the validity of the Fugitive law, or because his supporters awarded him that position. When the second BooтH case came before the Court, Judge P. from a professional and judicial sense of the impropriety, refused to sit in the case, having been counsel for the defendant. For this the State Rights disunionists soundly berated him, as it left the Court without a majority to get up an actual conflict with the General Government.

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THE DISUNIONISTS IN MASS CONVENTION.

Several years ago the Republicans held a Mass State Convention, and closed their resolutions by declaring that the decision of the Supreme Court in the DRED SCOTT case:

"Has absolved the state from all obligation to regard them [fugitives from labor] as belonging to that class of persons" who are to be delivered up as owing service or labor.”

Capt. BROWN, of Kansas, and GERRIT SMITH aderessed the Convention. BOOTH was Chairman of the Committee on Resolutions. Several collections were taken up to aid the spread of the "cause" in Kansas and Kentucky.

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cial Departments of the Federal Government," &c.

One of the planks is the following:

"That we cling to the sovereignty and rights of the states and to the pretecting power of the state courts against the encroachments and usurpations of the Federal Government, as the sheet anchor of our liberties, and that we pledge ourselves to sustain the state courts and the state government in protecting the liberties of the people [that is the liberty of the politicians to violate lawl at all hazards and in all emergencies!"

REPUBLICANS QUOTE SOUTHERN NULLIFIERS
AS PROPER EXEMPLARS.

The following article appeared in the Milwaukee Free Democrat. It shows from what source the Republicans drew their nullification

sustenance:

"SUPREME COURT OF GEORGIA.We perceive from our Georgia exchanges that Judge Benning decided that the Supreme Court of Georgia is co-equal and co-ordinate with the Supreme Court of the United States, and not inferior and subordinate to that Court; that as to the reserved powers, the State Court is supreme; that as to the delegate powers, the United States Court is supreme; that as to the powers both delegated and reserved-concurrent powers-both Courts, in the language of Hamilton, are 'equally supreme,' and as a consequence, the Supreme Court of the United States has no jurisdiction over the Supreme Court of Georgia, and cannot therefore give it an order, or make it a precedent."-Charleston (S. C.) paper.

"The above is the precise doctrine laid down by Mr. Justice Smith, of our Supreme Court, in his opinion announced verbally from written notes, iu the case of S. M. Booth's petition for habeas corpus, carried to Supreme Court by Ableman on writ of error. And it is undoubtedly the true doctrine. For if the Supreme Court--the highest judicial tribunal of the state--is inferior to that of the United States, the sovereignty of the state represented by that tribunal must be an inferior sovereignty, which would be no sovereignty.

"The doctrine announced by the Georgia Judge, land by Judge Smith, is to the effect that the opinions and decisions of the Supreme Court of the United States were of no more binding force on the Supreme Courts of the states than are the opinions and decisions of the latter on the former, and that neither have any more binding force on the other than the decisions of the highest court of England would have to control the action of the highest court of France. Each within its own sphere is the creation of a distinct sovereignty, between whom there is neither superiority nor inferiority, but exact equality. But the sphere of the action of these sovereignties is restricted, or limited by the provisions of the compact be

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"The positions taken by Judge SMITH are eminently in the right."

GOV. RANDALL RECOMMENDS "RESISTANCE."
Governor RANDALL, in his message to the
Wisconstn Legislature of 1858, said:

The tendency of the action of the Federal Government has been for many years, aided by the Federal Courts, to centralization, and to an absorption of a large share of the soverignty of the States. It has trspassed upon the reserved rights of the States and the people over them in assuming a jurisdiction

their

exercise of power undelegated. The Federal Government, so far as there is any sovereignty under our form of Government, is sovereign and independent in the exercise of its delegated powers, and the States are sovereign and independent in the exercise of their reserved powers. The safety of the States in the exercise of these powers, in defense of the lives and properties and liberties of the people, demands à fair, deliberate opposition and resistance to any attempt at usurpation or aggression [of which let the Republicans be the sole judges] by the Federal Government, its Courts, its officers, or agents upor the reserved rights of the States or the people."

And in his message to the Legislature of 1859, he thus reiterates his views: 1859, he thus reiterates his views:

"My views, as expressed in my last annual Message, in regard to the relative powers and duties of the State and Federal Governments," &c., "remain unchanged."

HOW THESE DISUNION RECOMMENDATIONS
WERE RESPONDED TO.

After having pressed this matter close upon the Legislature for two sessions, that body, being "full in the belief," moved in the matter, during its session of 1859. Mr. N. S. Murphy, Chairman of the Judiciary Committee, introduced a series of "backbone" resolutions, on the 12th of March, which were thus noticed by the State Journal of that day:

"REFRESHING-A ROUSER.

"Mr. N. S. Murphy introduced a resolution brim full of genuine Republican doctrine upon the subject of the illegality and unconstitutionality of the proeeding of the U. S. Court in relation to the case of S. M. Booth, which

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