, 1860-03-09
THE BO0TII CASE AGAIN.

We regard it fortunate thing that the |
Supreme Court Of Wisconsin is so constituted |
at this juncture that no collision need be pre-
cipitated between tho State and Federal au-
thoritiee, whiis at the same time the people |
nre taking no step backward in the nairtc-
NANCE Of their oft asserted doctrine Of State
rights. On Tuesday last, Gen. J. Il Paine
counsel lor S. N. Booth, appeared before the
Court aud presented the petition Of the said
Booth, which set forth that he was held in
custody in the Custom House in Milwaukee,
by the q. S. Marshal. under a pretended war
rant issued from the q. S. District Court, and
that lie was not detained ly virtue Of the
final judgment Of any Court Of competent
civil or criminal jurisdiction-that tho pre-
tended Indictment conviction and sentence
were null and void, being under the
Fugitive Slave Ac:, which act the petitioner
was advised By his counsel was unconstitu-
tional-tJlat even under that act no ofiense
was charged in the said pretended Indictment
and that tho warrant committing him did not
set forth the olftnsc whereof he was convicted.
Gen. Paine addressed the court briefly in sup
port Of the petition, and the judges took the
case undor advisement. The Hon. Byron
Paine, one Of the judges, remarked upon the
hearing Of the case, tint llc did not deem him
SELF competent to 81: in consideration Of the
petition, be hnyiug been Of counsel for Booth
in former hearing on habc7s corpus, Of pre-
ciscly the same character. The case being lel
to Judges Dixon and Cole they were not long
in coming to disassreement-lle former, who
holds his sent By Executive appointment, hav-
ing recently delivered m opinion adverse to
the former position Of tie Courttn the prem.
ises. The legal effect Of the disagreement is
to deny the prayer Of the petitioner and leave
him in the custody Of tue Marshal. Mean
while the people are preparing to yote again
on tho direct question without the excitement
which would inevitably att nd an armed con-
hict between the forces Of the State and the
United States.
There is no doubt that the lsro-s1arery party
at Washington made up this Issue at this time
in order to bring about such n conflict, to op'
erate On the Presidential election. We are in.
formed on tue best authority tlnt the {. S
Marshal was directed to telegraph for any
amount Of force necessary TO hold the prisoner
whntever might be the action Of the STATE
Courts and State officers. It is easy to sc'
that the Democratic party, already IN the arti
Gle Of DEATH want nothing SO much as c!vl
war, to give color aod substance to thci
threats Of disunion. Thus might the timid b.
once more frightened out Of their boots mi
out Of their votes !; thus might Pennsylvania
Indiana and Illinois, DO bu!iied into the sup
port Of any tirc-caser who may happen to carr.
oil the Charleston nomination. Hence nc sa,
We regard it altogether fortunate that such
contest has been avoided, without tompromis
ing the dignity Of Wisconsin,, OF presenting
her before the world in the attitude Of n soy
ereign Stale unable to protect ller own citizen
or to execute the mandates Of her Courts
In his late speech in reply to Toombs, Scr
etor Doolittle showed conclusisely ttat IL
States Of Georgia, Virginia md South Carolin:
by theIr Supreme Courts, md Kentucky
her Legislature, had tnken the same ground
relative to the Jurisdiction and powers Of Sta,
and Federal tribunals, Us Wisconsin. II
state Of Georgia had gone even farther a
late as 1854 it had declared that The Supren
Court Of the United States could not give {
order nor mako precedent for Court Of til
State, and that the tribunals Of the two powe
were equal and coordinate. It was show
also, that n 1884 the State Of Gcore
hung two men with w1its Of error from t
Supreme Court Of the United States pendi
over the judgments against them. But =,
are not discussing the right or wrong Of /
positions taken BY Wisconsin Or Georgia. :
refer to the present disposition of thu Box
case With satisfaction which no arc suss ,