The Kenosha telegraph and tribune. [volume] (Kenosha, Wis.) 1859-1860, 1860-03-08
). M. Booth OF MilWauk ee, Kid
Mapped.

Shermon NJ Booth was arrested on Thursday
evening last by Deputy U. S. Marshall
and taken to the Custom House and put in
made no resistance, and on being put in prison
sent for counsel hut on the arrival of his coun-
sci, Gen. Paine, he was not permitted to see or
converse with Mr. Booth except in the presence
of the United States officials. Gen. Paine very
properly refused to submit to any such despotc
| requirement, and left without an interview with
the prisoner. Such is the infamous rule of the
United States authorities citizen of Wiscon-
SIN is denied counsel, except under the surveil.
ance of an official slave-catcher-a privilege that
would not be attended with such exactions in des.
pOtc Austria. This is an illustration of modern
Democracy
The brief history of the case is this On the
9TH otJanuary 1855, the Grand Jury of the {. IS
Court at Milwaukee, found bill against Mr..
Booth for opposing the execution of a process
under the Fugitive Slave act, and assisting in
the escape of Joshua Glover, an alleged fugitive
from the custody of the u s. Marshall, A trial
was had and Mr., Booth was found guilty. The
Court sentenced the prisoner to imprisonment in
the county Jail and to pay a fine of $1,000. Mr..
Booth after remaining in Jail some two weeks.
was released on writ of habeas corpus, issued
by the State Court.
More recently the U. S. District Attorney NOV.
ed the U S. Court. to grant an order for the re.
commitment of Mr.. Booth which order was
granted, and the U. S Marshall has accordingly
imprisoned Mr.. Booth IN the U, S Custom House
An application TO the Supreme Court will be
made for writ of HabeaS Corpus for his release !.
such writ will of course, be gran ted commanding
the person having Mr. Booth in custody to bring
him before the Court The U S. Marshall will
very likely, refuse to comply with the mandate
OF the Court. Upon this, several other forms of
legal proceedings will follow, until tie broad is
sue is squarcly arrived Al Shall the mandate of
The Safe Court be obeyed, and the sovereignty
OF the State be maintained or shall the State
Court give up, and submit to the usurpation OF
that despOtic tribunal-caled the U. S. Court?
LATER.
Since the above, we learn the writ of haJeaS
corpus, was refused by the State Supreme Cour,
yesterday. Judge Paine dec lined to act, he hay
ing been NJ. Booths counsel before his election
to the oiiies OF Judge. The application for The
writ, was therefore brought before Judge Cole
and Dixon; the former was in faver of granting
the application, and the latter against it. Tn,
u Sc Off eials, therefore, have The advantage toI
he present. and will have the unspeakable d..
light of keeping Mr.. Booth in duiance.
We notice there have been opinions expressed
ny some professedIy friendly to the former posi-
ton taken by the Supreme Court, rs to the duty cf
the Court to grant the writ now in questi on-
1t is maintained that the Court having
once fairly released Mr. Booth on a writ of ha-
beas corpus, there is no necessity for the Court
to d" the same thing over again; for the u S.
officials may keep on arresting as fast as the
State Court discharges the prisoner. The RENE.
dy proposed is, to proceed at once to arrest tn,
U. S. Mar hal, and those connected with him
for false imprisonment and for contempt of tn
authority of the State Court Without pretend
ing any endorsement of this view of the case, we
only give it AS an opinion expressed in som
quare rs.