Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1854-08-04


stood. Briefly, the case was this. s. NJ. .
Booth, the editor of the Milwaukee Free D. .
mocrot was put in custody under ii m'i'D,us
of a e. 5. Commissioner, for having aided an
alleged fugitive slave to escape from the
charge of the L. 5. Deputy Marshall Mr.
Booth was brought before Hon. A. y. Smith,
Justice Of the Supreme Court of the State of
Wisconsin, under writ Of UabeGS Corpus,
and his discharge from imprisonment was
prayed for on two grounds; LIST because the
writ was defective and % because the law
was unconstitutional. The petitioner waved
the first point, and rested wholly on the last.
The Judge decided that the writ was dclcc-
tive, and discharge could have been had for
that reason alone, but furthermore, that the
act itself was m unconstitutional one, and
therefore the petitioner could not be held
under it.
In his review Of the language Of the CON
stitution, and the history of its formations
the Judge remarks that the Constitution con-
tains grants of power to the Federal Goycrn-
ment and comracts between the States The
former can act so far as power is granted but
no further. All concado tina. the powers
which are rot granted to the general govern
mcnt, remain with the States. The ii sec
ton Of the 18th article is as follows
..Tbc c;tt,ers Of each state shall he entitled f., ali
rii,il.p,, and immunities eff cilcn of the several
tt,,cs .
A rcr.tn chrr~oA in any state with trca son,
felony or other crime, VINO Ft9l, fec from Justice
...,... oil o..
ana DC lVuhn III Ihotnvr 1!at'' 'na'', on 1t'nd o.
HaI Nv I'Ii,,J ,,n =, bn o,r,od a., ,b
h,viug iur;.diytion Of the crime"
NO person held to service or labor in one state
under the law thereof, escaping into another, shall
in consequence otany law or regulation therein, be
discharged from su?n serrire or nbor but shall be
ueii'eieu up Un .i",p % P'i'S y ""on s"'n
IIora H. ,LS Viii, NJ t,o s.c,;or u;tbor,
o,,,, u,rd of Grant ar oun yvord rrnu, y.I;,b :,
f,r,nt u,,,, h.. ;nG.rred mr. i,,J;,J ror,,,,ss
las tho same rnwcr tn lcoi.lita in rer,,r1 tn
ngitivos lrum instig. ar I,h,r Rut il may
In. q sk.d bnv are fine ri,,hts herr. stimulated
and ruur,ut,ed ;, br .nin-r,Jl answer
,L.', 80 Sat, olT;,,.r oxncn,; a,,;.I,t;,.a
md ;uJ;.;oI rbn t,Lcs ~, o,tb ~ r,,,,,,r,
,he tnnst,tnt;nn nr tho TuitnI s,n,Li !.
humid tn ,rnyidc far and ali in ,ho;, onr,r,n.
n,nt a,.rnr,,ipg IA the true infant ANA ,,n,r.
in,, of the constitution. But WHAT if nnr nr
more States should refuse to perform their
! duty aud It's "'i'""'" 'ioiate ''oi' o'''':- -.i
"@r"" o1 the compact Inns question n, Is
gress sh'ulu declare single Violation OF one
OF Ito laws treason, and that conviction
thereof should WORK corruption OF blood and
forfeiture Oh estate beyond the lie OF the per
son at'a'h'ed' ana the judicial department
shoulu pronounce IL Naliu' ana the executive
"''oP' " ~ ne Hi'h PIE answer Is
''"' ""N' Wv I'"'' "''" i'"'l"i oilccIS Ne
I'm ~ VI ''''ii o',.''s anu o','l-"-
''o"1 u? o'"vi fuoS'io" iHhPhcS' "haic"! or
Ie'oiu'ion' VI oot', must suP@rNehc-ior the
'''i'rn' "o"iu y, "nllul departure
MN Wv Ia" VI i's orEahizati"n'
III III ~ i0Vf "J"t' W "'''N gu run ''icll
ON W ~ w NV mean " say .""V
- noi " "'ioi.i "cIaiturc ''oIh
wy ~ '.I" ''"'' r'iA such "is'1'rous
.io pan Vi 'ic ot"'es anu lco-
p. me- NAod "'''cninci'' 10 Tue .Vhstl
mr. its restraints oyer fcanoJ a
sues. and the Government is brourbt back 10
the constitutional track; but rcpudiate the
degrading lnsihuation that state officers are
ng;,,ors ~ tbs r,, ~, t,'''" c,'t
that upon them is devolyed the duty and re-
sponsibllity of guarding the rights and sove-
reiSnty Vi INC states under the compact OF
, un ~ ~ nus ne Nc ~ ,'oi,
power on the part of the States RESPECTIVELY
and the General Government than Federal
officers would naturally be;
no ofan 'ha, "nnu ,h a Sn,e. re.,s the
immense responsibility of preserving not Only
,helr own fo'ete,snty' out '"' Jus' eo,''','u,
aiso oe te''' ''oc'eu ''d' 'ne o'1'e' '"' '.'e"
;Ghce ANA oP'.'a''o" 'l we u"'e'n,"tn' 81 'ne
Uh'oh "s are 'no l'.cu'l"r o'hc's o' 'i'e l'''e'
E'ch ana a" a. p4!s 81 uhl'eu "h"Ie, ana
AL are Toun' oy ,t' most Soen'" Ties OF hue'-