Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1854-08-18
Saturday, August ~, IS5l.
THE JUDICIARY.

State upon the late decision Of the SUI
preme Court, on the application of Mr.
Booth for a writ of Habeas CorptaS,
wherein we expressed the. opinion that
the manifestations were such as indicated
that if the Courts did not protect Mr..
Booth the people ,eoasld, and animadverts
rather severely thereon, saying our arti-
Gle is uncalled for, and tending to subvert
that reverence for law which is the only
safe guarantee for the protection Of So
ciety.
About our article being uncalled for,
we will not dispute with the Gazette
We think it leds called for, and reiterate
what we then said.
And that the Gazette, and all Others
who wish cfiance to cavil, may under
stand fully our position, noe say distinct
ly, that i IN the final resort, The U. S.
Court should conrict and sentence Mr.
Booth, or any one else, to prison, on an
indictment for violating the FMgitire
Stare act, aohich our highest judicial
authority has pronounced uHconStitu-
tio,,at and therefore cold, ue feel like
volunteering to be one Of q sufficient
number to prerent the execution Of such
sentence.
We have great respect for our Judic-
larry. Before resorting to anything of
this sort, we should wait patiently, suf
fer much, and try all methods of process
to get redress through the Law and the
Courts. We would use 10 incendiary
language or acts, till there was no other
hope, and i'll that event we hold personal
liberty ADORE all TECHNICALITY,
when the Courts hare decided our act
innocent and right!
But there is one other point wherein
we so radically differ from the Gazette,
that we will here advert to it. 1t is the
sacrednesS of the Courts. The Gazette
and all conservatives Of like ilk, claim
! for our Courts a reverence and awe, a
sacredness, a sort of infallible source of
justice, which is above and beyond the
cavilling and criticism of the people be-
! low. Not so we. We hold that the
Courts are but human, as weak, as falli-
bic, and as liable to err, as any other
equal number of human beings; and
that because they are invested with
the power of adjudication upon all issues
Of the people, they are no more exempt
from the sevcrest criticism and animad-
version of any one who chooses to ex-
pose their conduct, than the most hum
BILE citizen of the land.
Public Opinion often errs most sadly,
but it is n safer tribunal than any other
human. And while the people, individ
ually, are brought before the bar of the
Courts, for judgement upon their deeds.
the Courts must be brought before the
bar of Public Opinion for theirs. In no
other way can true progress be made, or
ultimate justice be obtained.
There is one universal murmur of dis
satisfaction, throughout the entire State.
at the refusal of the Supreme Court to
grant Mr. Booth the writ of ha6eds cor
pus. Every lawyer, and every m n of
intelligence and common sense feels that
the refusal was mockery of consistency,
and an insult to the intelligence of the
country. 1t is SO inconsistent with its
J decision that the Fugitive Act is uncon-
stitutional, so badly backing out from
that position, that men hide their faces
with shame. There were many who
held the first decision wrong, but they
are disguised with the weakness Of the
last one. Sorrow, shame, disgust, and
almost despair, combined, is the feeling
men have. People revere and worship
such men as Calhoun and Benton, though
they deem their positions all wrong-thc
human soul so loves truthiulness of pur-
pose, consistency, and an unyielding adj
hest n to the convictions of the mind.
When Cass wrote his Nicholson letter,
when Webster made his 9TH of March
spec h, when Van Buren, gave in his ad-
heSion to the Baltimore Platform and
Pierce's Nomination, and when John
Mitchell published his reply to Hough-
ton, the moral sense of the people was
! shocked-stunned. And just such is the
feeling produced by the last decision of
the Court. Peoples reverence, esteem
and respect are gone. because that which
inspires these emotions is wanting, and
that which did inspire is found to be but
bubble.
And when Court so acts, there is no
way to reach it. but through the trial of
| Public Opinion-no way to vindicate the
Soul of the People, but by the severest
criticism and Observation-Disclosures are
the salt left to cure the modification of
corruption. Public Opinion has given
its verdict upon Cass, Webster, Van Bu-
rem and Mitchell, and it will give it upon
our Supreme Court, in like manner, if it
will not give protection to the people.
| ID.
e Our late papers bring us intel
ligence Of the invention of another print
ing press, considerably better than any
now in use There is on an average, a