Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1855-03-10
THE WISCONSIN JUDGES.

Though late, we put Judge Smith,, opinion on re-
cord in our present number. 1t is clear and able,
and indicates a regard for the special duties of
judge, the protection of personal liberty, highly
compensatory in those days when the judiciary,
S ate and national, has become the especial de-
fender and patron of Slavery. With the whole
community we rejoice at this, as an indication of
popular progress. Though we cannot rejoice with
those who look upon it as the ultimate of what is
required. Judge Smith, though he has decided
the fugitive law of 1850 unconstitutional, has yet
left the real question undecided if indeed he has
not decided it the wrong way. And the whole
battle is to be fought over. The whole victory is to
be yet achieved. The work will never be done,
while it is competent to any potcer to return orsur
render a fugitive slave. Our courts must yet de-
clare such act a crime, whether performed by in
dividuals or by state or federal officers. The
Judges must declare that the constitution does not
require this, or the people must r~epudiate the con-
%stitution. Till one or the other of these points is
gained, the aJoltionist has gained nothing. Moth
ing at least but q mere doubtful advantage, which
may or may not approximate him to an actual and
ultimate success.
Judge Smith therefore has not settled the ques-
ton for Wisconsin. lie or some one else has yet
to make another Summerset decision, that siares
cannot breathe Wisconsin air. That the moment
that their lungs inhale it, they die as slaves, and
or live as freemen.
e The utmost extent of the opinion is expressed
$ in the following sentence:
s But believing as l do, that Congress had no
If power to pass the act of 1850; that the duties and
IN obligations declared by the CO Institution in that re-
~ spect, by Sec. 2 of Art. 4 of the constitution were
imposed upon the States, and all power in relation
thereto, reserved to the States and people. l am
IT, compelled to hold that the act is unconstitutiona
In and void, apd confers no authority upon the Fed
~ eral Courts.
Judge Smith, evidently believes that Sec. I'd oil
i'll Art 4th, refers to slaves. And that they must be
surrendered. The extent of the protection he
affords to liberty is to see that it is not surrendered
unconstitutionally. That may sometimes affort
protection, but it is not what the people require
~ Their interests demand thatit shall nerer be sur
rendered constitutionally or otherwise.
rs We have in this Wisconsin case, a good illustra
F" ton of the varied opinions on this question.
lst. We have Judge Miller's decision, that the
at law of 1850 is constitutional and just, and he in
=, prisons Booth and Ryecraet for its violation.
Cd. We have Chief Justice Crawford's opinion
n that the fugitive slave law is constitution nal, bu
~ he is a defender of the rights Of personal libcrt
tie so far as to see to it that all the niceties and quirk
of law are complied with. He finds a defect i
&C., this particular and lets the captives out at tli
an loop hole in the net in which they were entangleC
m. All can see that Judge Crawford is as pro-slaver
in in his constitutional and legal position as JUDI
re- Miller himself, though one imprisoned Booth an
g ~ y the othe released him. So think a portion at lea
of the people of Wisconsin, and they are oppose
to his reelection to his present office. for which y
hui believe he expects soon to be a candidate. In tn
they are right, as thoroughly right, as they a
also in another step they have taken, viz. askiI
ons, Judge Miller by petition to resign. Judge Mill
ton and Justice Crawford are rightly Judged by Il
Vi same judgement.
tom Sd. Judge Smith goes a step further and W
and not only defend the right of personal freedC
ooo;rs4 Slave rendition nv the ou;bbles of In
fr but takes the broader ground that all congressic
,uld al legislation for the rendition of slaves as uncc
stitutional. That that is q privilege reserv
IONS to the States. And as we understand him
SmU. States are bound to discharge that 6uty. There
will no difelencei in principle between the three Judg
any All recognize the legal existence of Slavery,
recognize the obligation Of the people OF Wisc'
a." sin to retarn the escaped slave to his master. A
ton the time must come, before Slavery shall cea
mia when Judge Smith shall DO visited with the sa
an judgement by the people of Wisconsin VIII
y they are disposed to mete to Chief Justice Cr'
ford and Judge Miller.
Judge Miller would have released Glover if
master had not proved him a slave. Judge CIR
ford would have been more strict in administer
Is,er' the law ,aud thus have given him a wider chance
ight- escape. Judge Smith would have utterly repu'
ward ted the law under which he was tried and thus
more widely enlarged the opportunity for freed
Z aa- but all would have enslayed him, had the proc
mia been legal and constitutional.
No slaee rendition. No SLAVERY, must yet
IS as the decision of our judges-and no laws no c
'plc stitution-no legislators, no judges which sa
com, ton its existence, must yet he the watchword
: 70. the people. God speed the time when thus it 81
who he.