, 1863-01-16


MADISON, Wis, Jun. II, 1865.
The cyent Of yesterday here was the decIs-
Ion Of cur Supreme Court in the case Of Mich
o1as Kemp, one Of the Ozaukee anti-draft riot
ers, whose release from the custody Of Gen.
Elliott, commanding the Department Of the
Northwest, was applied for some time since
on q writ. Of haotas corpus. The principal
points in the decision hare already been sent
you. Tho decision surprised good many,
but MI knew that the Judges are thoroughly
loyal and devoted to the support Of the gov
ernment and the policy Of the President, and
none regretted more than they the necessity.
as they deemed it, Of making such decision
as might tend to embarrass the administra-
ton or give delight to traitors. Tie sympa-
thizcrs with the rioters propose to fire En-
Lutte III honor Of tie dicislon. Now violent
advocates Of State Rights doctrines, none de-
nounccd them more bitterly, a few years ago,
when in this State they were used against the
Claims Of the Southern oligarchy.
Chief Justice Dixon, In his opinion, cx-
pressed his regret that Congress had not, In
the exercise Of its undoubted power, 18th
Wheaton, Is, H. withdrawn all cases arising
under the Constitution and the laws Of tile
United Suites from the Jurisdiction Of tho
State courts, aud committed them exclusively
to the Federal courts. ..~,
Regarding the case us involving the right of
the President in time Of civil war to suspend
the writ Of Aaoedx corpus, to punish By sent
ence Of court-martial for Otfenscs against
the laws Of war, and even for acts not made
offences by any law Of Congress, but named
In the Presidents order Of September Gath,
the court denied that right as to Wisconsin,
or any State where the civil authorities arc
able, by ordinary legal process, to preserve
the writ Of hateas eo'T'ts was possessed only
The Chief Justice referred to the extraof-
diuary condition Of the country at the time
the President Issued his proclamation s1s-
pending the writ Of habtas corpus, and added,
that If be Ind transcended his power, he had
doubtless been governed by the best impulses
Ut patriotism, and adesire for the preservation
Of The public honor and the government, and
If lc Gad committed an unintentional error,
would be the first to repair it. ::
The court declined for the present to issue
writ Of attachment requiring the production
Of the body Of the petitioner, though holding
that no sufficient cause was shown for his de-
tention, Chief Justice Dixon saying that Us
the issuing Of the attachment at the present
time might lead to collisions between the
State ard civil authorities, and the United
States and military authorities, which 1t Waa
possible to avoid By a short delay, 1t was
set by other courts and jndges under like cir
cumstanecs, and out Of respect for the national
authorities, to withhold 1t, until they shall
have had time to consider what steps they
should properly take In the case.
Judge Paine thus expressed himself on the
Ar ro ftfU sir
in the present unhappy condition Of the
country, upon d question Of difference be-
tween the executive aud Judicial departments:
Ieonecde that tsucbs collision should BE- ayoldcd
and that the State. while expressing ita opinion
@ and ct as Rsstc;
Of strfct law, It might rtghtfny enforce its whole
power to release him, yet in view Of the danger
tie tact that We all Fare common interest f, its
suceess; common desire TO uphold It In every:
legitimate exc5elsa Of power, eTea with our for
We hare ath IN the sincerity and patriotism OF the
President and that be has no desire to nsu1p 'un-
lawful authority over any man, hut win upon fnr.
difAcnlsy-Isas conecdc thss, Ia view, Of these,
thtngt ths stats ay properly for6ear to assert its
the hazard Of actna1 collision. i
: The Judges all agreed In the decision,
What will hc the final solution Of the difficult
ty remains to be seen.
The courtroom was quite crowded to listen
to the argument on the question Of the con-,
stitutionality of the law, authorizing soldiers
to vote, Tho case il before the court on an
application, made some weeks since, for q pe-
l. renlptory writ OF H,andnmMs compelling the
l. county. canyasseFs to declare the result and
giSc . certificate Of election to Domocratic
candidate for sheriff, before the returns Of the
/: soldiers yotc had been received, The object
at the time was to get. certificate of ms
ioIsty on the homo vote aud possession Of the
office, aud throw the burden Of the contest
! on the other party. But this sharpness over
reached itself, for before the case cou1d be
heard, all the votes were canyassed and
the certificate ; awarded, so that
the gro aear7ento process is now the. proper
| one. The caac, however, is argued On tho
.constitutionalitJ Of the law, and on general
principles. Mr.. Pfnncy-thc counsel TOR the
candidate having majority Of the home vote,
but defeated b the soldiers; yotc-argued
that no man had any right to yote who ,sas
out IF the state, that the attempt to extend
suffrage to the soldiers WIS an effort. on the
rart Of tho Legislature to give the laws Of
Wisconsin an cxtra-ter1itorin effect, whereas
| the State could not exert It's sovereignty be-
yond it's boundaries; that tic penalties with
out which any law Tas worthless, could not
| be enforced; and also believe that to take
part IN political contest had bad effect on
The morale Of the troops, =. -.
Mr.. ]. c. Hopkins IN reply ably contendad