New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-05-04
LETTER FROM MIR. SHERMAN NJ BOOTH
Correspondence Of The N. Y. Tribune.

IN PRISON, UNITED STATES CUsIobHOUsij
-. MILWAUKEE, April S, 1860.
AZ questions Of great public interest are likely to
grow out Of my rearres and confinement on the old
sentence, from which have once been discharged al.
low me place in The TRIBUNE to state the outlines
of the case. Joshua Glover, alleged fugitive slave,
was reecued from the Milwaukee County Jail on the
1lth Of March, 1884, and for this arrested
few days aferward, and after Len gthy animation
was held to bail by United States Commissioner VIM
field Smith, in the sum Of $1,000. aftsrward surren
dered myse and obtained writ Of habeas corpus o.
the Hon. A. D. Smith, one Of the Justices Of tho So
preme Court who, after full hearing, discharged me-
on the ground Of the unconsitutonay Of the Fugitive
Act. an appeal taken from this decision Of Of
the Justices, to the full Bench, and the majority affirmed
Justice Smiths opinion. The Grand Jury Of the United
States District Court at the time, indicted me
simply cr aiding one Joshua Glover 10 escape without
alleging that he was tugitire Stare or person
held 10 service or labor" and was arrested on this
indictment the day after was discharged by the Su-
preme Court. offered the Same bail l had before
given--one of our first citizens who was ready TO
ju,tify in twenty times the sum demanded; but the
Court refused him, because he had before surrendered
me to enable TO procure writ OF hdbeds corpus.
declined 10 give other bail went TO jail, asked for
another wri. Of the Supreme Court which refused
on the ground Of comitythe Supreme Court stating
that they bound To believe that the United States
DBulCt OOufI, VI HtdTiDB tdco Wouu ulbcnhi ~
me- The excitement at the refusal Of the writ wss
great Tie Federal officer, became frightened, offered
70 take the bail they had previously refused and
urged me TO come out OF jail and afer three days im'
prisonment went at large again. At the January
term of the United States District Court the prosecn
ton dismissed the first indictment, and brought in
new one, accusing me, in addition TO the original
charge Of resisting the United States officers in the
execution OF process. After week trial was found
guilty Of aiding the escspe Of Glover and not guilty Of
Tesisting United States process. motion for new
trial the ground, sustain ed by the afdavs Of eight
responsible men, that Of the jurors who convict
ed mo had repeatedly declared, previous TO my trial,
that ought TO be convicted, overruled and WA
sentenced, the cd of January, TO months i'm
prisonment and 10 pay II 900 fine and $i6l Oh costs
and TO stand committed till the fine aud costs wore
paid. After being seven days 10 jai, was taken 10
Madison, before the Supreme Court, on writ Of ha
beas oOrpas for which bad again applied and the
Sd dsy of February, 1855, was discharged from the
sentence and judgment-Justice Crawford, who held
to the oonsti,uionaly Of the Fugitive Act eoneurng
in the discharge, the ground that there was Of
fence under that act charged against me IN the ndct
men; Joshua Glover not being alleged In the ndict
meni 10 be either fugitive slave or a "psrson
held to service or labor and lot being proved 70 be
such fugitive person, he must be held 10 be free
man, and TO aid his escape from Shareholders was no
offence.
TIE Supreme Court refused 10 send up the papers
10 the L. B. Supreme Court, in other words refl.ed
10 make any return to the writ Of error, holding that
the writ Of HaJeas Corpus was q writ original with
the States and that their proceedings under II
rot subject TO review BY the Y. =. Supreme Court.
But the Court, at Washington, assumed or usurped
Jurisdiction, without the original papers, and having
obtained copy Of them proceeded after several years
delay TO review the case reversed the decision OF
Supreme Court and rent down 70 IL JeDaittnur re-
our NO II 10 reverse ts former decision affirm that Of
the L.. 4. District Court and remand 10 impriyon-
ment. This Court refused TO do, adherng TO 8
former decision, and denying the appellate jurisdic
ton Of the U. s. Supreme Court over their proceed
ings. .. T., a.. 49,.
Waslpgto to pursue il IL wished TO nforce ia de.
csion Clearly, 10 attack the Supreme Court at Wis
consn, and compel it to obey. This was its right and
duty il lie decision was right. But II did nothing Of
the sort. But Attorney General Black sent instruc-
tons TO the L.. s. District Attorney of Wisconsin, ID. A.
j. Upham, to have me arrested and imprisoned, with
out any regard TO the decision Of Supreme Court
and en far as 10 dictate tine form OF the warrant
of recommitment for District Judge. Accordingly
on the lst Of March last, / was arrested my way
from the railroad depot 10 my house, on my return
from Madison. 1 had gone around, anticipating an
arrest for two or three months, but having come 70
the conclusion that il was not intended TO put the
threats which had been made into execution had laid
aside my revolvers some two weeks previous, and
consequently unarmed. The Deputy Mrshal arrest
ing me, told me be supposed IL mere matter Of
FORM that should have the free ~ counsel and
friends and every facility for getting out writ of
babeas corpus; that the Marshal would make show
of resistance and then yield, and that he presumed
would not be restrained Of my liberty over day or
two. But after had reached the Marshas room, in
the CustomIouse and the key was turned on me, he
refused to let counsel, any one cave his OH
GERS, and repudiated the pledges Of bic Deputy.
Twice, subsequently, was allowed to zee counsel
alone a few mnutes--nos occupying ten minutes At
me-and tince then he has peremptorily refused to
allow counsel 10 in regard 10 my case and for
nearly two weeks pas, he has refused to allow TO
zee my wife or any friends, TO have any books OF
newspapers. | have been treated with great capri
ciousness and never know to-day what change may
occur tomorrow. For nearly two weeks large
three ght chandelier left burning part OF the
time with full head Of gas OF al night, shining di.
rectly into my eyes, and every Is instes during the
night with heavy tread turned the key, opened
the door, and walked In 70 see il had not fled or
course sleep in such circumstances, next TO i'm
possible Then the tables turned and the gas ell
turned off at p. m. The day after election 1t
made dungeon, all light being excluded, but in the
afternoon the gas lighted. now not permit
ted to zee the light of day. my keepers being evident
ly anxious TO give me an idea Of Slavery Some fthe
time have Lad eight or ten men, armed to the teeth,
guarding me, with one hundred stands Of arms, be-
longing TO the U. s. Revenue Cutter Michigan, lying
loaded and prmed on tables in the fronting mine,
with any number of boarding weapons comminged.
AT present there are great many, the Custom House
being turned into L. s. barracks. terrible fear Of
rescue seems TO possess them. My chief underkeeper
Is man named King, from Pennsylvania, who was
recruiting officer for the Lopez Expedition TO Cuba,
and boosted TO me that be had enlisted 1900 Of their
piIatical fbusters in the Atlantic STATES. The kid
mapping business comes natural 10 him, aud the
Marshal in selecting his assistant, recognized the
fitness of hings. tf
My application for a writ Of kaJe1s corpus from the
Supfems Court you well aware failed by tic
yote--Justice Paine declining TO act because he had
been counsel for me at another stage Of the same case
five years ago. was apprehensive Of such result,
aud would have preferred to ask the writ OF our
County Judge but deferred TO the judgment of others,
who were confident Justice Paine p0ud act IN the
easss and who thought the moral effect Of writ from
s..A l. VnA