The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-08-06
FUGITIvE-SLAyE LAW AND WRIT OF HABEAS
CORPUS IN WISCONSIN.

MILWAUKEE, wis., July 80, 1854.
Mr. EpIroR Since the escape OF Glover, fugitive slave
who rescued here by mob Of abotionis headed by
one s. NJ Booth every opportunity has been seized upon by
the abolition journals exaggerae and falsfy the fact
Booth himself is the publisher of vile sheet from whence
originate all the abrcaons which have found an extern
sive circulation through the columns of the New York Tr
bune and other papers Of that stamp Perhaps it may be
well to submit plain statement OF facts which will enabs
the public to determine whether Wisconsn is still in the
Union One might suppose, from the tone of the
Tribune that Wisconsin had nuled The constitution Of the
United States and about TO ccede But the sequel will
show that State Judges after being launched upon
unknown sea- without rndder compass in spite treach
erous winds and angry storms have at length made the
very harbor in safety from whence hav a-or,as ,,;o,
regulations slightly daeacd Our supreme court consist
OF three justices. Before any indictment had been found
against Booth and while he was under recognizance
arrangement made by which he was 10 be sur
rendered by bis oaii and recommitted by the COM
missioner for the purpose Of testing the legality OF the
commit and the constitutionay of the fugitive
slave act before Abram D Smith, of said JUS
tices upon habcas corpus which he allowed and issued
for that purpose He discharged Booth from his mpon-
ment and gave lengthy opinion in which hc maintain
ed that the muaas informal and void, and that The
act OF 1880 was unconstitutional because ls il gives ,i-
rsdicton commissioners 3D. it docs not provide trial
by jury for the fugitive slave and 3D. that Congress has
power under the constitution TO egshte upon the sub
uccstOn taken TIE supreme court cy
tiorar and affirmed Judge Smith adhered 10 his former
opinion. Judge Wilton concurred with him, except
the last point while Judge Crawford dssented and gave
an opinion in favor Of the cousttutionay of the In
the mean time term of the United States court held
and Booth was indicted He arrested upon warrant
issued out of that court and in default OF giving BAIL
committed TO the Jail His counsel at APP
piled to the supreme conrtwhich still in scsson-ior
writ Of hbeas corpus TO relieve him from his imprison
mcnt The writ was refused by the unanimous opinion of
the court on the ground that the prisoner held under
the exclusive Jurisdiction Of the United States court and
that the Sn,c court could not interfere for want of juris
dc,ion Thus at last the court recognises sound prn-
cple of law which, ii firmly adhered TO- viii prevent
fct and promote the peace and tranquility OF the Union
In this the is sustained by all the aperl Of our State
except the abolition papers whose designs have been who'll
ly defeated by II.
In view of what has transprcd attach great inn
porance to this last decision II simply rendered the
other inocuous would then be great triumph ia
nacsm But il goes further and recognises the exclusive
jurisdiction of the United States in arising under the
laws aud constitution of the Union, which OF courac ren
dcrs their former decision "an empty snnuno'as,on and
protects the Of the United States from further mo-
lesation interference in the future The court now
denounced by those who but yesterday had elevated its
members far above Mansfield Holt Marshal and story
" A Daniel still say a second Dancli
thank thee jew, for teaching that word.p
WISCONSIN