, 1861-10-04
Kehtuck Us Need and Pefil-E1pv. Nor.
Ton Calls On Atl fnEIa u1&t1A to KQltsF,

Ton Calls On all 1nG1an1&n& to E01f4ts
The war In Kentucky has now assumed a
magnitude which imperile the States Of Ohio
and Indiana, upon her Northern border, and
their best defence must be against the enemy
upon Kentucky soil Both States are pouring
their men into Kentucky, and the counties
along the river are already under arms for
home protection Gov. Morton Of Indians
bas iesued an appeal to the people Of his State,
in which after setting forth the nature Of the
contest, he says:
!, therefore, call upon all men capable of
bearing arms, aud who can leave their homes,
to cast aside their ordinary pursuits, and en-
roll themselves in the ranks Of the army. Let
the faEmer leave his ploW, the merchant his
store, the mechanic lis workshop, the banker
his exchange, and the professional man his
office, and devote Themselves to their coun-
try. ard BY enrolling themselves either in the
service OF the General Government or under
the military law Of the State, be prepared to
defend their country and. their homes. Every
msn in the State capable Of bearing arms
er6ment or the State. Let personal ease and
private interests submit to the overrullsg ne
cessitiea Of the hour, and let us show to
the wer1d by the sacrifices we are willing to
mske in perfon and property, that We are
worthy OF our eirea, and deserve to retain the
inheritance they have bequeathed to US.
Another Phase OF the Booth Case.
The Madison Journal publishes another
| phase Of the Booth rescae case, which has just
been disposed of in the Supreme Court Of
| Wisconsin, as follows:
J. E. Arnold, Plaintiff in Error Us. Sherman
| II. Booth, Defendant in Error.
I THIS being an Important case, We give syr-
opsis Of the opinion read BY Justice Cole:
Booth Eued Arnold, in the Circuit Court for
Milwaukee county, to recover printing press,
&caswhleh he alleged had been wlongfuly taken
| AID obtained from him by the defendant, Arm
| cid. In his answer, Arnold denied the wrong
ful tak1Eg, DC, and claimed title to the prop.
cry In controversy under a sale thereofto him
upon an execution issued upon Judgment for
81 .2a6, rendered. in The United States District
Court for the district Of Wisconsin, in au ac-
ton duly pending therein, in which one Gar
'an6, citizen Of the State OF Missouri, Vas
plaintiff, and said Booth was defendant.
t Upon the trial Of this issue, Arnold gave in
| eT1depce the record Of EaSd action OF G aEland
rs. Booth By which itappeared that said B both
Was duly convicted in said District Court, on
&C., in q p1ea Of deb, uEder the Fugitive Slave
Law OF 15GO, in the sum Of &1,2i6tN, debt,
damages and costs, aud offered in evidence,
also, The execution issued On eaid Judgment,
aEd the return thereon, showing the sale aud
delivery Of said properly to him BY the Mar
stal Of said district. This record, execution
ard return were received In evidence, subject
only to the objection on the part Of the plair'
td, that they were invalid by reason of the un
constitutionality OF the Fugitive Slave Law
The Circuit Court ruled that such record
judgment, execution and sale, constituted no
sufficient defense to the action, and gave
judgment against the defendant
Upon error to reverse this Judgment, Cole
j., delivered the opinion Of the Suprem,
Court, holding that the q. g. District Cour
for the district Of Wisconsin had juEisdictio,
, Of the parties to said suit Of Garland Y.
BoGtb, and Of the subject matter thereof, b
: virtue Of the judiciary Act Of 1857, and of til
! act organizing said District Court; that tn
Fugitive Slave LaW did not attempt to COME
= upon that couit new jurisdiction, bu
,, merely gave 3 new right or cause Of action
! ard although it Tere admitted that the Fug
> tive Slave Law was void, OF that it had bee
a repealed before ssfd action was brought
or had never been enacted, it woul
" follow only that the District Cou1t erred j
: Eupposfng there WAS valid cause OF actor
I when none in fact existed but nevertheless
l. the judgment, though palpably erroneous,
: not void, but is binding until reversed, On
5 cannot be treated IS nullity in collater;
s cult
, The question arising upon the record offere
: in evidence, is not whether the District Cou,
L had Jurisdiction Of the action of Garland r
? Booth, but whether the declaration In tn
!: case disclosed good cause Of action.
> Judgment reversed and new trial ordered.
Paine, J. did not sit In this case.