New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-07-29

I "a
Wilton and Smith Of the Wisconsin Supreme Bench.
But if any have not done so, etthem hold on d few
DAYS and stand uncommitted an let their enthusiasm
quietly eyapOrete. our 6rare Judges hare "hnag
fire.
The very day after the decision Of the Supreme
Court Of Wisconsin, affirming the decision Of Judge
Smith, and pronOuncing the Fugitive Slave Act IN.
constitutional and void was announced Judge Miller
Of the United States District Court directed the
United States Marshal to arrest Mr.. Booth on an in
dictment found against him for violation Of that
same unconstitutional law. The warrant was dated
July nine days previous 10 the arrest: and though
the Judge the Marshal and Mr.. Booth are all resi-
dents of this city and each other almost daily yet.
as if out Of contempt for Supreme Court, the ar
rest was not ordered attempted until after the
above decision by our Supreme Court was announced.
Mr.. Booth, relying on these decisions, and really be-
levng that Judges Wilton and Smith meant what
they had said and published, went to jail believing in
the simplicity of his heart that he could obtain from
State Court writ OF habeGS corpus have the whole
question fully tested aud be discharged. He did apply
to the Supreme Court, who then in session, for
the privilege Of that glorious writ OF hdbtas corpus
which in theory is regarded the " buwark of Eng
lish anbAmercan liberty &C. &C., and il ,oos DE-
midland denied too, by the very Judges who three
days previously, had declared the act under which he
was indicted unconstitutional and void.
Mr.. Booth would have preferred 10 have waited I'M
Ill the opinions previously 1ttItu Diu TVStH't-rH,
but was forced to make immediate application owing
10 the ssusa Of the United States Court 70 take the
bail oRcd which the Court, however. admitted TO be
good and sufficient.
The Reasons for the denial Of the writ have not yet
been published, and, perhaps, ] ought not to remark
further upon the case because experience has taught
ne that no Judge ever makes decision without being
able to give satisfactory reasons for the same Stll
must be permitted to say. that upon careful ana
trust Intelligent, perusal OF the original opinion OF MT
] Iuvt Stut md he Of
Wilton affirming that opinion, came TO the cOncu-
sion (it might have been hastily that 1t was TO be i'll
lerred from the language and the course OF reasoning
adopted By those able and courageous Jursts that the
Fugitive Slave Law is unconstitutional, and, IN the
| Judgment Of that Court void. such, | am bound to
acknOWle ledge was my inference from those apparently
carefully weighed and deliberately expressed osnens
Such, too, Judging from the editorial concentrations
you bestowed upon Judge Ssith's opinion, was ysur
/ inference. Such was, | believe the Inference 81
Judge Miller and Caleb Cushing-and such the gen
oral inference II would SEEM however, that We
were all in errsr. Each Of those able learned ana
courageous iursts after dspOng OF the case IN favor
of The applicant technical grounds, proceed eau
Hously regretiully, but not tmisy 70 examine the.
question in its constitutional aspect and In IKE
cautious regretful, but nat tInld manner, to pro-
nouncs the law unconstitutional.
Mr. Justice Smiths opinion is an extremely able
one splendidy expressed and written in that Intense
~ fearless style which is 50 captivating with the
masses might cite numerous instances OF tins takca
at random, but will content myself with quoting Only
his tloduent ppTOratOn
d" However this may be- week knowing the cost feel
grateful consciousness Of having discharged my duty ana
l duty Of having been true to the sovereign rights OF
my Stale which has honoTea with its confidence and
TO the Constitution of country, watch has blessed me
with its projections and though may stand alone, nope
may stand approved Of my God, as / know do oil my
conscience.
How beautifully that sentence reads, and aow con-
scieuteufly but firmly is the sentiment expressed;
and how good made US who aided IN the clover res
that, # Lang a lfIr az
fayorits Judges did not. and would not, OIL any ac-
count whatever feel nervous in the discharge OF ms
duty Ibis full duty" "Os said to myself, = Mr..
/ PIERCE aud Mr. Gushing, you may scarce men down
there in Bostsn but YOU cant brighten Judge Smith
of Wisconsin" He don't brag of what he will do,
but he firmly declares that he will be true to the
sovereign rights of the State which has hOnsred
him with its confidence; and though he may stahd
alone he hopes he will stand approved OF has God, as
/ he knows he does 81 his own conscience. Nhen
read that made up my mind that neither sur nited
States Judge, nor Marshal nor any other | nitcd
States officer should hurt Judge Smith If | could
/ help it.
Chief Justice Wilton too on review Of this opin-
ION took about the ground, and though he does
not express himself beautifully, nor so clearly, nor
in that same intensely fearless style yet he is ap-
parcntly not whit more afraid.
/ And vet was mistaken and so was me IRiB Ne.
/ We did NOT correctly understand the Judges What
the, said was Glitter GictG and not necessary to the
decision Of the case Besides they did not anticipate
thp OF - case UhFit ~ W. t"ii
potop they could not l0rcee that those decisions or
oDuiong might ever be practically applied. Judge
Smith could not have thought when he penned That
clouueut sentence above quoted wherein ms expresses
/ grateful consciousness of having discharged hls
dutv his full duty or he might have meant ouly that
he had DISCHARGED his full duty IN that particular case
It must be that we did not correctly understand tnose
able and courageous iurist or they did not under
/ stapd themselves Ii has been suggested thar ths
tbr.ats of Gushing and the stern determination OF the
L. : District Judge 10 enforce the utmost penalty oi
the law, NAV have had influence upon our supreme
! Court and rendered them nervous. But TINS cauhot
he so; because they have said distinctly and empha!-
c,lv moi IN terms but by implication, in their pun
isbrd opiuops. that though they did not Ike to pro
uounce a. ON the constitutionaliy OF the law get h'y
, irere rot airdd 80,
Unjust. however suspend further comment. The
decision of our supreme Court III regard ~ the fugl-
tive Slave Act is at present. thus The said Ia" -
unconstitutional and therefore void Citizens o.
Wisconsin can naturally and properly look 10 thcir
"ovu State tribunals for relief from all kinds OF c-
! Gal restraint and imprisonment. Though we
ma stand alone in this decision, 1--WE hope w
ma, stand approved of our God, as we know we go
"ot onr own conscience The application OF = NJ.
Rooth arrested under a warrant 10 answer to an IN
d;ctrrnt pendnp against him for violation OF sad
unconstitutional Law is DENIED.
HAVANA.