The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-05-19
WASHINGTON, d. G..
From the Evening Post.
THE POSITION OF WISCONSIN.

By the course of events, the new and remote
State Of Wisconsin has become the hag-beare,
in the great struggle for the restoration of con
stitutional liberty and the rights of the States
1t is the first of the States to put into practica
exercise, by all departments of its Government
the inherent right of State to protect its citi
zens and their property against unconstitution
al usurpatlons by the Federal Government
The State has nobly assumed the prerogative
of knowing Its rights, and daring to maintain
them against the encroachments of each and
every branch of the Federal Government
Congress, President, and Judges. This posi-
ton is taken deliberately, with reiterated pur-
pose concurred in by the executive, Legislative,
and judiciary departments, and ratified over
and over again by the people at the polls. Its
representatives in both Houses of Congress are
all chosen on the same basis, and its vote in
the Presidential election will undoubtedly be
cast on the same principle. The question
which Wisconsin has thus put in issue bids
fair TO be tried out to end and if Wiscon-
sin IS right, and will persevere, there can be
no doubt as to the final result, because the
right is sure to prevail, if not deserted by its
friends.
At the recent Republican festival in Boston,
commemorative of Jefersons birthday, speech
was made by Carl Schurz, of Milwaukee, who
came, as he said, with the smoke and dust of
the battle still on him, from the last election in
that State, when this great question was dis
tinctly put in issue by both parties, and the
lines were clearly drawn, and the people, by an
overwhelming majority, declared that they will
hold the Federal Government strictly within
the powers delegated to it by the Constitution.
he said:
Let me tell you what the meaning of our
recent victory is. The people of Wisconsin
mean to stand by the Constitution, but by the
Constitution as the great bulwark of human
liberty, and as the safeguard of State Rights.
The meaning of that victory is, that under the
laws of that State, administered by upright
judges, in the language of jefferson, every
man shall be protected against every exercise
of unconstitutional powers. 1t means that the
h0bedS corpus shall secure every man against
everything which is not law. whatever shape it
shall assume. 1t means, further, that the trial
by jury in all questions touching life and lber-
ty shall be vouchsafed to every man, woman,
or child, white or black, alien or native, any
thing IN the Fugitive Slave act, or any other
usurpation of constitutional powers, to the con-
trary notwithstanding"
The history of the case will show that there
IS no room for mistake as to the position OF
Wisconsin. A citizen of the State, Sherman
M. Booth, editor of the Oldest daily paper in
the State, was arrested and imprisoned, and
sentenced by the United States courts for a
violation of the Webster and Fillmore act in
regard 10 fugitives from Slavery Believing
that the enactments under which he was con-
vieted were unauthorized by the Constitution,
and therefore not binding on him, he appealed
TO the authorities Of his State to protect him in
his person and property; and the Supreme
Court of Wisconsin, after solemn argument by
the ablest counsel, decided in his favor. liber-
ated him from jail, and restored to him his
property. An attempt was made BY the United
States officers TO carry the case BY appeal to
the Supreme Court of the United States, as to
court OF higher jurisdiction. But the Supreme
Court OF Wisconsin took the ground that on
such question, its own decisions we're final.
denied the right of the Federal courts to ex.
anime or reverse these decisions, and ordered
Its clerks not to certify any copy of It's proceed
ings to the Supreme Court at Washington, for
such purpose. The latter tribunal, however,
having surreptitiously obtained a copy of the
Wisconsin court record, procured and certified
on some ialse and fraudulent pretence, availed
itself OF so mean a trick, and gravely proceed
ed to reverse the proceedings of the State court,
and set them aside as void. The Legislature
OF wisconsin instantly adopted q series of re.
solves to maintain their rights. And there the
case stands.
Just at this point, came on the State election
Tor the choice of a judgeof the Supreme Court.
one OF those whose frmness is to preserve or
whose cowardice is to betray the rights of
the State, and of all the States in this
great conflict. To make the issue more un.
mlstakable, the Republican candidate was By
ron Pane, who had been Booths counsel in
the great argument before the Supreme Court
OF the state; while the candidate of the Sla-
very party was the law partner of the United
States district judge, or at least Of his son.
ana deeply interested in bringing the State
courts under the control of the Federal Judges.
Mr.. Palne's argument in Booths case was one
81 Inc documents Of the canvass, and its posi-
tons were freely examined on all sides. His
election, by very large majority, is therefore
TO be taken as the clear voice of the peonle
that they consider their own Supreme Court to
be In the right, and mean TO stand by il to the
last. 1t is also a pledge of the State to all its
good citizens that they shall be protected in
their persons, property, and liberties, against
all unconstitutional usurpations by the function.
aries OF the Federal Government 1t is not
likely that the present Administration, n its
dilapidated condition, viii resort to any O :.
perate measures In carrying out the decision o.
Mr. Ianey's court at Washington But il is evi
dent that crisis is at hand, in which n stron,,
Administration, devoted TO the interests of Sla.
very, and resolved to carry out the usurpation
at every hazard, might involve the country in
very serious consequences, by q vain attempt
TO employ military force to subdue sovereign
State Of the Union, standing for the defence of
Its own laws on It's own territory.