Mineral Point tribune. [volume] (Mineral Point, Wis.) 1854-1858, 1855-03-28
For the Tribune.

For the Tribune.
Nh. Ep1ron,-You last week, in an argument |
with the Monroe Sentinel, in confirmation of your
position that the State courts have not the power
to annu the adjudicstions of the U s. Courts, but
that on the other hand, where occasion Is gwen
for complaint the only lawful remedy lies in an
appeal to the Supreme Court of the United States,
made mention of very forcible consideration
that if it were indeed so, that State Courts might
nullify u s. adiudicatons at will, then is the Gen
ersl Government not a sovereign one, even in its
proper sphere, but only ministerial power, be-
low and answerabe to the State authorities its
being potential or otherwise in this that portion
of its so-called realm, depending upon how the
State Courts shall happen to decide relatively to
its proceedings; of course the being of uniform
validity being quality not to be expected OF its
laws!
You say we'll, you have not read the organic
law of the Union as TO hold, that what is binding
as law in New York and Massachusetts, may be
rendered no law in Wisconsin, though so declared
by o. s. Courts, if only the local courts here as
sumo to adjudge differently about the matter
You say we'll that that were TO make the General
Government lame and impotent thing, in
the department constitutonally appointed to IT,
having no sovereignty but what is everywhere
disputable; not whole State, having all within
itself which is essential to its efficiency and per-
petuity, but ministerial officer merely, subject
the supervision of employers and to its acts
annulabe at any time at their pleasure, of
ten as its course seems to them erratc.
You ght have added that the perssting in
and enforcing of such decisions as the recent one
OF our Supreme Court, in the Booth and Rycraft
case, must unavoidably lead 10 hostile collision
ofthe forces of the State and General Governments
Judge Crawford intimates in his decision that
such hostility need not ensue, because the u s.
District Attorney may take the matter up to the
U. S. Supreme Court, and perhaps be able by due
of law get the action OF the State Supreme
Court reversed. But who is to oblige the Presi
dent to wait that long before enforcing with the
aid of the Army and Navy, if need be, Judge Mil
Ter IS decisions? Who does not see that a bloody
conflict between State and U. States officers and
men was liable to take place instantly upon the
decision of our Supreme Court taking effect
1t behooves us to beware of that construction of
constitutional law which is franght with such re-
suits. 1t has too much the smack of anarchy
Who is it that wishes to make himself chargeable
with this?
For one, / deprecate it, that Notification senti-
ments are gaining prevalence widely among the
Republicans of this State. l do not think, by
any MEANS that the time has come that it is need,
full that the friends of the right should quit peace
IL
against the General Government in Wisconsin, to
say nothing of the foolhardiness of the thought
If according the rules of courts no appeal could
pave been taken TO superior U. S. court in Booths
case, it being technically criminal case could
we not have waited for civil case to come up
or have caused one speedily to be brought up be,
fore the q. S. Supreme Court, where the decision
OF Judge Miller could possibly have been revers-
ed, upon the point that the indictment was not for
an offence under the law of 1850? Then Booth
would have been entitled both of merit and by the
highest law of the land to his freedom; andtoo. TO
reimbursement of his fine, a. well as TO personaI
damages from Congress. In the meanwhile the
resting of the penalty of the law upon his head.
would have been most eloquent appeal towards
the repeal of the whole Fugitive Slave Act, that
Act 50 correctly regarded by all so unrighteous
and abhorrent.
l hold myself to be Republican, and in all
things else believe fraternise with my brethren
of the party in this State, but there is in nv view
a much more excellent way than this of setting
State courts to nullify the adiudcations of the
national courts. 1t is not patriotism. 1t is re.
bellion and folly.