The Kenosha telegraph and tribune. [volume] (Kenosha, Wis.) 1859-1860, 1860-02-23
The Supreme CoETs Judge QHea
a6OHE.

- 49, ~"A ~ ~@--O - --e7N NVOr
tiOm. ~
Considerable confusion prevails in respect to
the proper course to be pursued as to the candi-
date for the post Of Chief Justice of the Supreme
Court. Il is little singular that tbs State Of
Wisconsin, which some six years ago through its
Supreme Count took a position on the subject Of
State rights, which commended the respect Of
Republicans in all the free States should now fall
fer and be willing TO compromise with some halt
way measures. Tie opinion of Judge Smith de-
lvered from the Supreme bench six years ago,
declaring the Fugitive Slave act of 1850, uncon,
sttutiona, has been nobly vindicated by the
people Of the State by distinct issues on several
occasions. Judge Crawford, who dissented from
the opinion of Judge Smith on the expiration Of
his term of office, was nominated again as the
Fug tive Slave law candidate. Judge Cole was
brought forward as the State rights candidate,
and was elected over Crawford by A 800 majority.
In 1857, Judge Wilton, whose opinions on the
Fugitive Slave law, were in agreement with
Judge Smith, was nominated for election {;
Judge Cothern was brought against him as the
Fugitive Slave law candidate; on this issue WIFI
ton was elected by over 10000 majority.
Judge Smiths term Of Office expiaed last
spring. Byron Payne was nominated by the Re
publicans for the place he was dstinctiveS
known throughout the State, as holding the Flu
git.ve Shve law unconstitutional; he had been
the chief Attorney in the Booth trials, and had
fully identified imsef on the side Of State rights.
Payne was elected over Lynde, the Fugitive
IL II 1
are some Of the instances III which distinct issues
have been made on the question Of State rights.
We have every assurance that Republicans in
all the States Of the North, pre- anxiously await
ing the action Of the Republicans of Wisconsin
in the coming spring election.
The matter now stands thus Judge Dixon
was appointed by Gov. Randall to the Office Of
Chief Justice, which Office became vacant by the
death of Judge Wilton last spring. Since Judge
Dixon has en- on the bench, he has delivered
an opinion, which, though not touching the con
stitutonality Of the Fugitive slave law, yet 1t is
equivolent to a surrender Of the State rights po-
sition, taken by our Supreme Court heretofore.
Judge Dixon comedies the right of the United
States Supreme Court, to review and revise the
judgments of the Stale Courts, in matters touch
ing the liberties of the citizens of a State. This
is the main question at issue; if the Courts Of
the State have no right to protect the citizens
thereof, against the usurpalions Of the great po.
litical Court at Washington then estate Sover-
eighty" is a mere sham. Yet in,view of this CON
ditoa of thiags, there appear to be differences
of opinion in the Republican rapks, whether the
State convention to be held on the Doth of Feb.
ruary, inst, should nominate distinctly State
Rights candidate, or whether any nomination
should be made at all. If the opinions Of Judge
Dixon officially expressed, have been correctly
interpreted, it would seem to be an abando nment
of an important principle, heretofore recognized
by the Republican party Of the State, TO either
directly or indirectly favor his election in April
next. There appears all evident disposition in
some quarters to give the Republican support to
Judge Dixon en- what grounds such action is
based, our friends in this part of the State do
not comprehend.