The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1860-08-16
ROOt7B Case.

spect to what Nh; Booth ought, or
ought not to do, in the present state of
afairs-whether he ought to be bold
and defiant, or whether heshould quiet
ly stink away, now that he is out of the
hands of the United States officials.
Whether man should always con-
form his action, in view of his natural
and legal rights, is one thing, but
whether 1t is better he should some
times forego his natural and legal
rights, in view of existing circumstan-
ces, is quite another thing. There are
thousands in this as well as in other
countrics, who refrain from the exercise
OF some of their rights, choosing rather
to forego these privileges, than to has
ard consequences; they doubtless act
wisely. Prudence should never be
mistaken for cowardice.
There are many among US, who
seem 10 think this matter of usurpa-
ton on the part Of the general governs
ment over the sovereignty of the State,
has been carried far enough; that it is
high time matters were brought to an
issue, and if forccfnl collision must
come, then let it come now. That
things have come quite to this crisis
yet, we fail to perceive; at any rate, if
martyr for the cause ofstate sovereign,
ty is demanded, we question whether
Booth is the man for the sacrifice.
Martyrs who have offered their lives
or liberties, sacrifice for their count
ry's good, and whose memories come
to us with greatful fragrance, have not
ordinarily been invested with odors Of
tensive to virtue and morality. Mr..
Booths case has unquestionably been
a hard one-lis personal sacrifices
great, but it is to be hoped he will take
no pains to make himself conspicuous
The people do not care to marshal for
a violent conflict now-they prefer if
possible to bring about the desired re-
suit by more peaceable means. 1t is
better then, that Mr. Booth should
endure his wrongs in quietfor a time
better for the good progress Of
right.
Many persons, and among them Re-
publicans, have sort of traditionary
notion, that Booth was imprisoned in
the Milwaukee Custom House, under
authority of law. This is all DEUS
sion; the highest judicial tribunal in the
State, pronounced the law null and
void, under which the offence of Mr..
Booth, was alleged to have been com
mitted. His Imprisonment was there
fore an mwarrantable act of force.
There is also general Evolutionary no.
ton among the people, that our State
Court, is subordinate to the United
States Court, and that the DEGREES of the
latter are always binding on the for
mer. This has no warrent in the Con.
stitution; the cases Of jurisdiction of
the u, S. Court, are specifically defin>
ed in that instrument, and the case in
question determined by our State
Court, was not one of the kind includ.
ed within the jurisdiction of the U. S.
Court. There can be no equality of
sovereignty, where the opinion of one
OF the parties is always final. But it is
asked, is there no tribunal for the final
adjudication of an issue, between a
Sovereign State and the United States?
Thomas Jefferson thought not; he fore.
saw the workings of our judicial sys,
TENS with apparently more clearness
than any other statesman of his time.
He believed the people the ultimate
tribunal for all questions that arise be-
tween a sovereign State, aud the gen.
eral government.