New-York daily tribune., 1854-07-12
THE FUGITIVE LAW BEGINNING TO TUMBLE


The outrageous Act of Congress which turned the
northern States into broad hunting ground, where
the chase is men, has been upheld by wcaklings on
two grounds: first, because it was believed to be
component part of benefcent Compromise by which
the Slavery question was settled iOreyermOre so that
it would never again disturb our national politics;
and secondly, because its complete cOnstitutonality
was affirmed by the judicial tribunals This is the
sum and substance of all that has been said in its
favor HearkeniDg TO these two reasons, men have
forgotten manhood reason the great right of private
Judgment, and prostrated themselves before the Jug
gernaut
But even these things are losing their power. BY
the passage of the Nebraska bill the sanctity of the
alleged Compromise has been turned to mockery.
1t now appears that the slave power keeps truce,
no pliehted faith with Freedom, and that the Com
promise, on which some people leaned, only
audaciOus juggle. To the argument then that the
Fugitive Act was part of a Compromise, the North
has already returned an indignant hiss saying "If
" be part of any such thing, you, shareholders have
L" already destroyed the thing; no Compromise now
exists to sway our ud gment." This is important
step for Freedom; but something more necessary
and that would seem also to be at hand. The current
of judicial authority, which has thus far been in favor
of the Act, is at last beginning to turn.
Courts and Judges are regarded by many with
something akin to superstition. For ourselves we
have seen too much of them to doubt that they
men, weak fallible, mortal, like their brethren in
other spheres Of life. TO their judgments when
tanned by and the vital principles Of the Con-
sttuOn, we bow, but only then. To judgments
affirming the constiutOnaty of the Fugitive Act We
have never bowed Reason and the vital principles
of the Constitution have disOwned oil such decrees;
and we have dwet in the confident assurance that the
people would yet do the same. Chief Justice Horn
blower of New-Jersey sometime ago led the way
in al elaborate opinion denying the power of Con-
gress to legisate on the subject of fugitive slaves;
and the same conclusion was espoused by Chief JUS
tice Hutchinson of Vermont. But both these eminent
Jurists had already withdrawn from the public service
so that their opinions did not come with the weight
of authoritative judgments.
But now from Judge of the Supreme Court of
Wisconsin, in the discharge Of bis official duties,
comes decision which commences a new era in the
discussion of this question Its author, Mr. Justice
Smith, is said to be Democrat. His judgment has
all the bone and muscle, with the strong spirit, in
which his youthful State eXults. As composition it
is excellent, especially when compared with the dead
level of judicial opinions while is often lifted by ts
animating principles into region of true eloquence.
Its manly ygor compares fifty with that of Lord Holt
when he declared laws contrary to reason TO be void
and refused to be bullied by the House of Commons.
And We doubt if in the annals of the English or
American Bench, there be judgment, which, for it's
subject and manner may be more truly commended.
| i - ~ D,,I N,
Norfoks case, is much admired by the technical
lawyer; there many opinions OF Lord Mansfield
and Sir VIM. Scott which constitute important con-
tributons to jurisprudence; while in our own country
We have the judicial labors OF Marshall, Kent and
| Story worthy all Of honorable iame but no single
judgment in the long list, English and American, has
the combination of qualities which occur in this II
will be found in todays paper, and should be read by
all especially by any man who yet gives credence TO
the alleged constitunOnality of the Fugitive Act.
Sherman NJ. Booth, Editor of The Free Demoerci
at Milwaukee, not believing in the divinity OF Slavery
and acting accordingly, was arrested by warrant
from Commissioner on the charge of having unlaw-
fully aided assisted and abetted a person named
Joshua Glover 4" held TO service in the State OF Mis-
"sour under the laws thereof and being sheproper-
''y Of one Benjamin :. Garland, and having escaped
'therefr an into the State Of Wisconsin, t. escape
from Marshals Deputy. Not disposed 10 submit to
arrest on such warrant, from such magistrate,
Mr. Booth applied, by petition TO Mr.. Justice Smith.
Of the Supreme Court of the State for a writ OF ba-
beas corpus, and at the hearing, demanded bis dis
charge on two grounds first because the writ was de-.
ective, and second because the Fugitive Act under
which be was held. was unconstitutional and void
The Court adjudged the writ to be defective; but,
unwilling to dodge the great question, proceeded to