E 450 .n41 Copy 1 The Fugitive Slave Law in Wisconsin, with Ref- ^"■^ erence to nullification sentiment Vroman Mason, b. l. [From Proceedings of the State Historical Society of Wisconsin, 1895] MADISON Statk Historical Society of Wisconsin 1895 ^ ^ The Fugitive Slave Law in Wisconsin, with ReF' erence to nullification sentiment BY Vroman Mason, b. l. [From Proceedings of the State Historical Society of Wisconsin, 1895] MADISON State Historical Society of Wisconsin 1895 ■M4I •\x» Y7\Z. HiSt.ScMSj' THE FUGITIVE SLAVE LAW IN WISCONSIN. II 7 THE FUGITIVE SLAVE LAW IN WISCONSIN, WITH REFERENCE TO NULLIFICATION SENTIMENT. BY VROMAN MASON, B. L. [Paper presented at the Forty-third Annual Meeting of the State Historical Society of Wisconsin, Dec. 12, 1895.] I. — Anti-Slavery Sentiment, in 18^9. From the very beginning of her statehood, popular sentiment against slavery had been strong in Wisconsin; as in most of the other free States, her citizens were active in resenting the en- croachments of the slave power. In the winter of 1848-49, Congress was occupied in organiz- ing the territory acquired from Mexico; the great problem con- nected with this newly-acquired land being, of course, the slavery question. In the first weak of February, 18-49, Wis- consin instructed her senators and representatives as follows : ^ "Resolved, by the senate and assembly of the State of Wiscon- sin, That our senators in Congress be, and they are hereby in- structed and our representatives requested: — " 1st. To oppose the passage of any act for the government of New Mexico and California, or any other Territory now be- longing to the United States, or which may be hereafter ac- quired, unless it shall contain a provision forever prohibiting the introduction of slavery or involuntary servitude into said Territories, except as a punishment for crime. " 2nd. To oppose the admission of any more slave States into the Federal union. " 3rd. To exert their influence to procure the repeal of all laws sustaining slavery and the slave-trade in the District of ^Laws of Wis. ,18^9, p. 172. Il8 WISCONSIN HISTORICAL SOCIETY. Columbia, or in any other place under the control of the na- tional government; and to secure the passage of laws prohibit- ing slavery and the slave-trade in all places under the exclusive jurisdiction of the Federal government. "Resolved, That his excellency, the governor, is hereby re- quested immediately to forward a copy of the foregoing resolu- tions to each of our senators and representatives in Congress, to be by them laid before Congress. " A bill to organize the Territories of New Mexico and Cali- fornia, with the Wilmot Proviso, was passed by the house. The senate refused to consider it, and late in the session passed the general appropriation bill for government expenses, with a " rider" organizing the said Territories and permitting slavery therein. On the last night of the session, the senate struck out its "rider," and passed the appropriation bill as it originally came from the house. This "rider," or amendment, was intro- duced and voted for by Senator Walker, a Democratic senator from Wisconsin, against the expressed wishes of the State legis- lature, as given above. The people of the State were justly in- dignant, and the legislature' passed the following i-esolutions, asking; him to resig-n his seat in the senate: "Resolved, That the course of Isaac P. Walker, one of the senators of this State in the Congress of the United States, in presenting and voting for an amendment to the general appro- priation bill, providing for a government in California and New Mexico west of the Rio Grande, which did not contain a pro- vision forever prohibiting the introduction of slavery, or in- voluntary servitude in said Territories, has outraged the feel- ings and misrepresented those who elected him to that station, and oj)eiily violated the instructions contained in the resolu- tions passed by this body on the subject of slavery, at its pres- ent session : "Resolved, That Mr. Walk(>r is requested immediately to re- sign his seat in the United States senate. " Resolved, That Hon. Hanry D^dge, our other senator, in voting against the proposition of Mr. Walker as he did on the 20th of February last, has represented the views and wishes of *Assr,„l>!ij Jour., Wis.. 1SI9. p. 599. THE FUGITIVE SLAVE LAW IN WISCONSIN. I IQ his constituents on that subject, for which we express to him our most cordial approval of his course. " ' In spite of this, Walker still kept his seat in the senate, again contrary to the instructions of the State legislature. Yet the resolutions had their effect, for after this he voted on such questions with the anti-slavery side. II. — The Fugitive Slave Lctw of 1850. Meanwhile, the question of the organization of the Territories dragged on. California applied for admission as a State, Feb- ruary 13, 1850. Shortly before the application. Clay had sub- mitted a proposition to compi'omise the conflicting claims of the advocates of slavery extension and of slavery restriction. Among his compromising provisions, was one providing for a more rigid fugitive slave law. It directed and encouraged the surrender of fugitive slaves by United States commissioners in the North, without any trial by jury, and commanded all good citizens to aid in making arrests. The entire Wisconsin dele- gation, in both houses, voted against its passage. This bil as soon as introduced, was quite generally condemned by publ opinion in this State, — Whigs, Free-Soilers, and bolting Demo- crats being particularly outspoken against it. Nevertheless it became a law, the president signing the bill September 18, 1850. The act provided : 1. For the appointment of commissioners by the United States courts in the States and Territories, whose duty it should be to hear the demands of claimants of fugitive slaves, and grant cer- tificates for the apprehension of the latter. 2. That these commissioners should appoint assistants to ex- ecute their duties in the counties, and all of them should have the power to summon the 2^osse comitatus to their aid. 3. That the testimony of the claimant, or agent, was to be prima facie evidence against the fugitive, whose evidence was not to be taken; and upon a hearing before any magistrate, 1 With the exception of the last clause, these resolutions were rescinded in 1851. Resolutions to that effect may be found in Lawn of Wis., 1851, p. 437. I20 WISCONSIN HISTORICAL SOCIETY. justice of the peace, United States jud^e, commissioner, assist- ant, or agent, the fugitive was to be delivered up. 4. Persons hindering the execution of the law were to be fined And imprisoned. 5. That a certificate should be given from one State or Ter- ritory, for the pursuit of a fugitive, and his recapture in an- other State or Territory. That on the production of such cer- tificate, and of proof, oral or by affidavit, the officer should issue an order to deliver up the person claimed; and in case the prisoner was rescued, any judge or authorized officer might grant a certificate to that effect, and of the value of the pris- oner, on production of which at the United States treasury the sum should be paid, and should be a claim of the United States against the State from which the prisoner was taken. This act was severely condemned by various political conven- tions held that autumn. For example, at the Whig convention held at AYatorford, October 12,' it was resolved that "This bill, so odious in many of its features, merits the decided condem- nation of the people, and that no honorable means should be left untried to procure its early and unconditional repeal." At a "people's convention" of bolting Democrats, held in Waukesha in the early part of October, the following resolution was passed:- "Resolved, That the fugitive slave law, passed at the late session of Congress, in denying the trial by jury, the writ of hitheas corpus, the right of appeal and of calling witnesses in behalf of the fugitive from bondage, is directly subvei'sive of the principles of liberty, in violation of constitutional rights, and at war with the plainest dictates of hunumity. " Similar reso- lutions were passed at a meeting held at Milwaukee, to hear a report from Congressman Charles Durkee, of the acts of the late Congress.'' All of these resolutions were worded much alike; there was the same reference to "liberty," and to the "rights of man. " A e-oii vent ion of Free-Soilers was held at Water town, Septem- ber 15, 1S51. Leonard .1. l-'ai-well, of Dane, was nominated for ' Reported iii Milwaukee Sentinel, Oct. 14, 1850. '•'/f/..Oct. .30,1850. ='Mil\vauki'i' Smtim I, Oct. 30, 1850. THE FUGITIVE SLAVE LAW IN WISCONSIN. 121 governor, and was elected on this ticket. The platform con- tained the following, in relation to the fugitive slave law: "Re- solved, That we are irreconcilably opposed to the fugitive slave law lately passed by Congress, believing that it is subversive of the first principles of natural liberty, and repugnant to the spirit of our republican institutions; that it desti'oys all se- curity for liberty, by invading the sacred right of trial by jury, and is universally and justly considered a most odious and op- pressive law; and we hereby tender our thanks to our delegations in Congre&s for their opposition to its passage. " The people were instructed, at different times, as to the atti- tude that should be taken in regard to the law. Durkee said that he was opposed to open resistance. He would not help capture a slave, when called upon by the officers, but would pay his fine for not doing so.' In his message given to the legislature January 9th, 1851, Governor Dewey said: "The fugitive slave act, so called, cer- tainly contains provisions odious to our people, contrary to our sympathies and repugnant to our feelings. * * * It is be- lieved that Wisconsin, as a State and people, in fulfilling its federal relations will be governed by that high sense of moral obligation that has hitherto actuated all the States, and that, in seeking relief from the objectionable features of the fugitive slave law, she will appeal to the constitutional remedy by asking Congress for such modifications as are consonant with our feelings and duty, and not by resisting the execution of its mandates. " - In Wisconsin, these more moderate views were at that time general, although, when occasion did present itself, the people not only refused to aid in carrying out the provisions of the fugitive slave law, but actually prevented iti operation. But that was four years later, and during that time they had waited in vain for its constitutional repeal. 'Milwaukee Sentinel, Nov. 1,1850. ^ Ajipendix to Senate Jour., Wiis., 1851, p. 23. 122 WISCONSIN HISTORICAL SOCIETY. HI. — Tlie Glover Seizure. Wisconsin was not on the direct road between the South and Canada; therefore there was little need of open resistance to the obnoxious act. But one fugitive slave case, within our borders, was important not only as showing the attitude of the State to this law, but from a legal standpoint as well. The Booth case attracted the attention of the entire country, and caused a serious clash between the State and Federal au- thorities.' In the winter of 185i, a negro named Joshua Glover was en- gaged to work in the saw-mill of Rice & Sinclair, about four miles from Racine. Previous to that time he had worked at odd jobs, and was frequently seen in Racine, where he offered for sale various products of his labor. Glover was arrested as a fugitive slave, Friday, March 10, 1854. On that evening, just before dusk, there appeared at the door of Glover's house seven white men who had driven thither from Racine ; they were Charles Cotton and John Kearney, United States deputy mar- shals, with four assistants, and Ban. W. Garland, of St. Louis, the latter claiming to be the owner of Glover. Within the cabin, playing cards, were Nelson Turner, Will- iam Alby, and Glover, all colored. Upon the knock at the door being heard, Glover cried out, " Don't open it till we know who they are!" but Turner immediately went to the door and un- bolted it.- The do3r unbolted, Kearney rushed into the room with a bludgeon, dealing Glover a blow upon the head which 'This account of the arrest of Glover, and his svibsequent release, I have gained from the Racine Advocate, the Milwaukee Sctitinrl, a special cor- resijondent of the Madison Journal, A. L. Worden of Milwaukee fan eye- witness of the rescue), and John Rycraft, one of Booth's fellow-defendants in the rescue trials. *I speak of this, to show that Turner probably aided the slave-owner in capturing the fugitive. It wa^ so believed at the time, and Turner was strongly condemned. Turner was known to have been at St. Louis the winter previous, and the newspapers asserted that he had an interview with Kearney but a few days before Glover's arrest. One does not like to bi'iieve that a negro would turn slave-catcher and give up his friend, but it seems to be a proven ease. THE FUGITIVE SLAVE LAW IN WISCONSIN. I23 brought him down. A desperate struggle ensued; three men were unable to put irons upon Glover, and even when, with the help of others, they had succeeded, he broke the manacles from his wrists. He was finally placed in the wagon and driven to Milwaukee; his captors reached that city early Saturday morn- ing, and at once threw their prisoner, wounded and bleeding, into jail. When the news of the capture reached Racine, that same morning, the largest popular meeting ever held in that city, assembled on the court-house square. The following resolutions were read and adopted : ' " Whereas, A colored man, by the name of Joshua Glover, was kidnapped about four miles from our city last night about 8 o'clock. He had been and at the time of his arrest was at work for one of our citizens (a faithful laboi'er and an honest man) : "Resolved, That we look upon the arrest of said Glover as an outrage upon the peaceful rights of this assembly, it having been made without the exhibition of any papers, by first clan- destinely knocking him down with a club, and then binding him by brute force and carrying him off. " Resolved, That we, as citizens of Racine, demand for said Glover a fair and impartial trial by jury, in this the State in which he has been arrested, and that we will attend in person to aid him, by all honorable means, to secure his unconditional release, adopting as our motto. The Golden Rule." The following resolution was also proposed, and adopted by the meeting; "Resolved, That inasmuch as the senate of the United States has repealed all compromises heretofore adopted by the Congress of the United States,- we, as citizens of Wisconsii], are justified in declaring and do hereby declare the slave-catching law of 1850 disgraceful and aha repealed. " This is one of the earliest of the many nullifying resolutions passed by mass-meetings throughout the country, in regard to the "slave-catching" act. Most of the resolutions passed at this time did not go quite so far as this. Many of them pro- ' These resolutions are from the Racine Advocate . ^ Reference is here made to the Nebraska legislation repealing the Mis- souri Compromise, then before Congress. 124 WISCONSIN HISTORICAL SOCIETY. nounced the fugitive slave law " practically " annulled, showing the dislike of the framers to carry out the idea to its logical conclusion. After adopting these resolutions, a finance com- mittee was appointed by the Racine people, to obtain means to defray the expenses of Glover's trial; after which, the meeting adjourned to one o'clock. On re-assembling at that time, it was resolved to send a delegation to Milwaukee to carry into effect the resolutions passed at the morning session, so that the afternoon boat to Milwaukee had on board about a hundred cit- izens of Racine, who were determined that justice should be done to Glover. IV. — The Rescue of Glover. In the meantime a telegram had been sent to Sherman M. Booth, editor of the Milwaukee Free Democrat, an anti-slavery paper, telling him of the capture of the negro. On Saturday morning, Booth came into his newspaper office and said that he hal "business on hand," he "must get a horse right after dinner, and ride the town." This he did. Stopping at the corner of each block, and rising in his saddle, he loudly shouted: "Freemen! To the rescue! Slave-catchers are in our midst! Be at the court-house at two o'clock!" Upon this notice, citi- zens of Milwaukee assembled to the number of upwards of five thousand on the court-house square, where they were addressed by some of the leading men of the town. Previous to this meet- ing, a writ of habeas corpus had been issued for Glover, by Judge Jenkins, of the Milwaukee county court. The sheriff re- fused to serve the writ and take the man from the custody of the United States marshal, on account of the impression which he is said to have received from Judge Miller, the Federal judge, that it would not be right for him to do so. The meeting there- fore appctintcd u committee of vigilance and protection, to see lliat (Hover had a fair trial. Prominent members of this com- mittee were Iferbert Reed, S. M. Booth, Byron Paine, and John Rycraft. After full discussion, it was determined by them that they, eithci- as a eommittee, or as individuals, should not counsel or pi-nnit any viohition of the law. THE FUGITIVE SLAVE LAW IN WISCONSIN. 1 25 The excitement continued, and spread to all parts of the city. At 5 o'clock the Racine deleg;ation arrived by boat, and were escorted to the court-house square. By this time the local militia had been called out to preserve order, but they failed to appear. At 6 o'clock, just after Booth had finished speaking, the mob, headed by Rycraft, demanded the prisoner ; and on being refused, battered in the jail door with a heavy stick of timber, and, taking Glover out, placed him in a wagon and ran him down to Clinton street, the negro lifting his manacled hands and shouting, "Glory! Hallelujah!" The negro was taken charge of by an " underground railroad " agency, and finally put on board a schooner clearing for Canada, which country he reached in safety. Garland and the deputies were arrested, charged with kidnaping and assault and battery, but were subsequently released by Judge Miller. The Glover rescue caused considerable excitement in Wis- consin, and it even spread to other States. The time and place were most favorable to resistance of slavery laws. Southeast- ern Wisconsin was one of the three strongest Free-Soil centers in the country. Thon too, the Kansas-Nebraska bill was pend- ing in Congress, and at this time had already passed the senate. By the Compromise of 1820, slavery had been forever prohibited in these two Territories; but this bill declared that said Compromise was inconsistent with the principle of non- interference with slavery by Congress, and it was therefore re- pealed and rendered void by the Compromise of 1850, so that hereafter each Territoi-y, whether north or south of the parallel of 36^^ 30', should admit or exclude slavery as its people should decide. With the anti-slavery sentiment as strong as it was in Wisconsin, the arrest of a fugitive slave here, under any cir- cumstances, would have greatly excited the people; but the pending of the Kansas-Nebraska bill, with the proposition to abrogate the Missouri Compromise, made the people strongly indignant. They believed they had been treacherously dealt with, and so believing would not be zealous to aid in enforcing a law for the reclamation of fugitive slaves. The feeling in favor of the rescue was general thi^oughout the State. With few exceptions, the newspapers justified the act. 126 WISCONSIN HISTORICAL SOCIETY. The Madison Journal said: > "Such has been the termination of the first attempt in Wisconsin to enforce the odious fugitive slave law. While every thinking man must dislike to see the laws of the land trampled upon and the mob triumphant, he will feel a stronger motive for which dislike is altogether too tame a word, that our law-givers have passed enactments so inher- ently unjust that no good man can or will obey them." In speaking of the affair, the Milwaukee Sentinel said:^ "We do not justify or believe in breaking laws or jails, as a general thing, and would much rather see the one obeyed and the other intact; but neither laws nor jails will stand against the people when they think their sacred rights are involved. They evi- dently thought so the other day. " This, from the Chicago Tribune:'' "We regret such disturb- ances of the public tranquillity; but slave-hunters must learn, if they have not learned already, that the days of kidnaping are about over; and, if they desire to escape the punishment that persons engaged in that business deserve, they will keep clear of Northern Illinois and Wisconsin. " * A still better way of getting in touch with the public opinion of the time is by noting the proceedings and resolutions of mass-meetings. Most of these meetings were called to take action against the Nebraska bill. The resolutions passed at such meetings usually included one sympathizing with the Glover rescue, and thanking the participators for the part they took. Some meetings were called solely to act in regard to the Booth-Glover affair. The following ai'e typical resolutions. One passed at Union Grove, March 27, reads :'^ "Resolved, That we the people of Union Grove and vicinity send our hearty thanks and congratulations to the citizens of Milwaukee and Racine for their courageous conduct in rescuing our felloro-citi- ' Issue of March 14, 185i. ' March 14, 1854. 'Quoted in Milwaukee Srntlnrl, March 15, 1854. •»! have taken these papers as fairly representing the feeling in the North, avoiding the opinions of extreme anti-slavery papers, such as the Milwaukee Fnr Democrat, and Racine Adrocafc, on the one hand, and jiapcrs like the conservative Milwaukee Nrirf< on the other. 'The resolutions were st'nt to the Racine Adroaiff for publication. THE FUGITIVE SLAVE LAW IN WISCONSIN. 12/ zen, Glover, from the grasp of the man-stealer and his associates, the Uiiited States officers ; while we unqualifiedly condemn the infamous conduct of D. F. Houghton, of Dover, and Deputy- Marshal Kearney, of Racine, for assisting in the capture of said Glover. " Syracuse, N. Y., had previously been thrown into a great state of excitement on account of a slave rescue, so it is not surprising that the Glover case attracted the attention of the citizens of that place. A meeting was called for March 22, to express sympathy with the Wisconsin rescue. One of the reso- lutions passed at the meeting was: ^ "Resolved, That the citi- zens of Syracuse, in the early and triumphant days of the Fugi- tive Slave Law, made one pledge to all the world — and kept it — and that we now offer to join with Milwaukee and Racine, and all our sister cities of the North, in a holy confederacy, which, by all that is veuerable in the memory of our fathers, all that is glorious in the structure of our institutions, all that is precious in the reputation of our country, all that is imperative in the claims of humanity, all that is solemn in the command- ments of God, shall swear that no broken-hearted fugitive shall ever again be consigned to slavery from the North under the accursed act of 1850." The most important meeting of all, was held at Young's Hall, Milwaukee, April 13 and 14.- This was a State convention, called by notices in the press, to give expression to general public sentiment.. Delegates were present from all of the set- tled parts of the commonwealth. A long series of resolutions was passed, including the following quotations from the Vir- ginia and Kentucky resolutions: "Resolved, That we do explic- itly and peremptorily declare that we view the powers of the Federal government as i-esulting from the compact to which the States are parties; as limited by the plain sense and inten- tion of the instrument of that compact — the Constitution; as no further valid than they are authorized by the grants enumer- ' Reported in SyreLCUse Evening Chronicle: quoted by Racine Weekly Advocate, March 30,1854. ^Full reports of this meeting can Vje found in the Milwaukee Sentinel and Racine Advocate, the next issue after the meeting. 128 WISCONSIN HISTORICAL SOCIETY. ated in that compact; and that in the case of a deliberate, pal- pable, and dangerous exercise of other powers not granted by the said compact, the States who are the parties thereto have the right and are in duty bound to interpose for arresting the progress of the evil, and for maintaining, within their respect- ive limits and authorities, rights and liberties appertaining to them. That the government, created by this compact, was not made the exclusive or final judge of the extent of the powers delegated to itself, since that would have made its discretion and riot the constitution the measure of its power; but that, as in other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of in- fractions, as of the mode and measure of redress. " Other resolutions were passed, declaring the fugitive slave law unconstitutional, and promising aid and sympathy to the Glover rescuers. At this convention, a State league was formed, irrespective of parties, and the following officers elected: Dr. E. B. Wolcott, president; A. H. Bielfeld, secretary; C. E. Wun- derly, treasurer; Ira C. Paine, vice-president. This league was a forerunner of the Rapublican party, in Wisconsin. V. — Arrest of B')oth. State Supreme Court Decides the Fugitive Slave Law Unconstitxitional. A long and expensive series of legal actions against S. M. Booth,' the editor of the Free Democrat^ began on March 15, 1854. That day, he was arrested on a warrant from the United States commissioner, Winfield Smith, on the charge of "aiding and abetting" in the escape of Joshua Glover, the fugi- tive slave, on the Saturday previous. On motion of his coun- sel, hearing was postponed till the next Tuesday, Booth being meanwhile allowed to go at large on parole. The examination began March 21, and lasted three days.^ The case was prose- ' Garland brought a civil suit against Booth, for the value of the slave, and recovered damages. Other arrests were also made in connection with the Glover rescue; but all of the issues were V)rought out in the criminal suits against Booth, hence I have confined myself to those. •The complete account of the examination is in the Milwaukee Sentinel for tho days following. THE FUGITIVE SLAVE LAW IN WISCONSIN. 1 29 cuted by the district attoi-ney, J. R. Sharpstein. James H. Paine was Booth's attorney, Many witnesses were called, from whom was received a great deal of conflicting testimony. It was shown that it was largely due to the efforts of Booth that the mass-meeting was called In his speech at the meeting, Booth discussed the fugitive slave law, which he said was unconstitutional. He counseled his hearers against violence, but said that if all present felt as he did, he knew what would be done. After all the testimony was in, Booth made a rather sensational speech, which was received with great applause and enthusiasm by the large audience in attendance on the trial. In one place he said: "I am bold to say that, rather than have the great constitutional rights and safeguards of the people — the writ of habeas corpus^ and the right of trial by jury — stricken down by the fugitive slave law, I would prefer to see every Federal officer in Wisconsin hanged to a gallows fifty cubits higher than Haman's. " Booth was loudly cheered at this point. After he had finished, Paine addressed the court in a long argument for the defense, the principal point raised by him being, that no evidence had been offered showing that Glover was a fugitive, or that he was owing labor or service to G-arland, in accordance with the laws of Missouri. Sharpstein followed, for the United States. The commissioner held Booth to bail in the sum of $2,000, for his appearance at the United States court. The prisoner gave the requisite bail, Dr. E. B. Wolcott becoming his surety, and was discharged from the custody of the marshal. Booth had his bailor surrender him, May 26, and the next day made application to Justice A. D. Smith, of the State su- preme court, for a writ of habeas corpus. In moving for the discharge of Booth, his counsel, — this time, Byron Paine, — made a notable speech, taking the compact view of the Consti- tution, and attacking the constitutionality of the fugitive slave law. The following are the principal points made by him: 1st. Congress has no constitutional power at all to legislate for the recapture of fugitives from labor; but the clause in the Constitution relating to that subject is a mere article of com- 130 WISCONSIN HISTORICAL SOCIETY. pact between the States, depending for its observance entirely on tlaeir integrity and good faitli. 2nd. Admitting that Congress has the power to legislate, still the law is unconstitutional, because it provides that any person claimed as a fugitive may be reduced to a state of slavery with- out a trial by jury. 3rd. It is unconstitutional because it vests the judicial power of the United States in court commissioners who are removable at the pleasure of the court, and not receiving a fixed com- pensation, contrary to the provision of the constitution, that " the judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges of the supi-eme and inferior courts shall hold their offices during good behavior, and shall at stated times receive for their services a compensation which shall not be diminished during their con- tinuance in office. " The writ asked for was granted, and Booth was discharged. Judge Smith held that every citizen has a right to try every enactment of the legislative power by the fundamental law of the land, and to resist unconstitutional enactments, though he does the latter at his peril. After examining at length the law of the United States, and the writ, he concluded that the latter was clearly defective, and for that reason alone the prisoner was entitled to his discharge. But the most important part of his decision was that relating to the constitutionality of the act of 185U. Judge Smith first discussed the origin and history of legislation on the subject of persons held to labor or service. He held that the article in the Constitution was merely a com- pact by the contracting parties of the Constitution, by which the free States were to be bound to provide legislation, under due course of law, and after exunii nation of facts, for the return of such persons; but that no power was conferred upon Congress to legislate upon the matter, and that it was the duty of the States to provide such legislation. It was held, further, that the Constitution contemplated an examination into the preten- sions of the claimant of the fugitive, to be made where the THE FUGITIVE SLAVE LAW IN WISCONSIN. I3I latter is presumed to be free; while the act of 1850 made the decision or warrant of a judge or commissioner a judgment in fact, without trial or examination. In order to ascertain to whom "such service or labor is due," examination and inquiry must be made. If service or labor is due, the fugitive must be given up ; but the fact must be ascertained by trial. The suit to try this fact was not a suit in equity or admiralty, and must be at common law; hence a trial by jury must be demanded properly. The act of 1850 was unconstitutional, in that it violated the provisions which guarantee that no person shall be deprived of liberty without due process of law. The summary proceedings under the act of 1850 clearly violate this provision. The judge concluded by suggesting that the strict performance of their duties by the States and the Federal government, and their con- finement within their own limits, were the only means of avoid- ing collisions. He took a very pronounced attitude in regard to State sovereignty, saying: "To admit that the Federal judi- ciary is the sole and exclusive judge of its own powers, and of the extent of the authority delegated, is virtually to admit that the same unlimited powers may be exercised by every other depart- ment of the general government, both legislative and executive, because each is independent of and co-ordinate with the other. * * * Every day's experience ought to satisfy all, that the States never will quietly submit to be disrobed of their sov- ereignty — submit to the humiliation of having the execution of this compact forced upon them, or rather taken out of their hands by national functionaries; and that too on the avowed ground that they are so utterly wanting in integrity and good faith, that it can be executed in no other way. On the con- trary, if the Federal government would abstain from interference, the States would adequately fulfill all their duties in the premises, and peace and order would be resumed. "But they never will consent that a slave-owner, his agent, or an officer of the United States, armed with process to arrest a fugitive s'.ave from service, is clothed with entire immunity from State authority, to commit whatev^er crime or outrage against the laws of the State ; that their own high prei'ogative writ of habeas corpus shall be annulled, their authority defied, 10 132 WISCONSIN HISTORICAL SOCIETY. and their officers resisted, the process of their own courts con- temned; their territory invaded by Federal forces, the houses of their citizens searched, the sanctuary of their homes invaded, their streets and public places made the scene of tumultuous and armed violence; and State sovereignty succumb, paralyzed and aghast, before the process of an officer unknown to the Consti- tution and irresponsible to its sanctions. At least such shall not become the degradation of Wisconsin, without meeting as stern remonstrance and resistance as I may be able to interpose, so long as the people impose upon me the duty of guarding their rights and liberties, and of maintaining the dignity and sovereignty of the State. " ' The case was argued before a full bench of the supreme court — Edward V. Whiton, chief justice; Samuel Crawford and Abram D. Smith, associate justices — on July 19. The decision of Judge Smith was affirmed, and Booth was discharged, the court hold- ing that the State court had jurisdiction of the common-law writ of habeas corjyus, and to hear and determine the same, con- ferred upon it by the constitution of the State, independent of any legislative action in reference thereto. The fugitive slave act was held to be unconstitutional and void, because: (I) it did not provide for a trial by jury, to determine that the al- leged fugitive owed service to the claimant by the laws of an- other State; (2) because of the unconstitutionality of the com- missioners' powers; and (3) because any one, by the said act, alleged to be a fugitive slave, might be arrested and deprived of his liberty without "due process of law." Upon the question of the constitutionality of the fugitive slave law. Judge Craw- ford dissented, granting the writ upon the minor grounds of the insufficiency of the commitment. October 26, the marshal sued out a writ of error, returnable to the United States supreme court on the first Monday of De- cember, 1854. The Wisconsin supreme court received a strong backing, on ' Unfortunately, Paine's brief is not in the State law library. His speech, however, was printed and issued as a campaign. document, and is found in the law library, in Law Pampldcts, vol. 25. The report of the Booth ease is found in Win. lirports {Dinnt'i^ .Vo^r.s), iii., pp. 1-135. 1 THE FUGITIVE SLAVE LAW IN WISCONSIN. 1 33 the part of the citizens of Wisconsin and of the North. Still there was a strong minority, not in numbers but in force, who while they were opposed to the fugitive slave law, nevertheless thought that the State sourt had gone far beyond its powers. But the majority thought otherwise. The New York Tribune, in giving an account of the decision of the court, headed its editorial, "Glorious Wisconsin!" By his arguments, Paine came to be classed among the strong anti-slavery agitators of the country. In a letter of congratulation, written him Novem- ber 24, 1854, Wendell Phillips said: "I cannot see that you leave anything else to be added. I congratulate you most sin- cerely and rejoice we have so able an ally in our dread fight. " Charles Sumner wrote the following letter:' Washington, 28th Dec, '54. My Dear Sir — I have a copy of your admirable arg't against the Fug. Bill in a newspaper — somewhat the worse for wear. It occurs to me that it has been printed in a pamphlet. If so, and you can spare a copy, pray let me have it. I have not yet seen Judge Smith's opinions in their final form, as I un- ierstood he would prepare them for the Reports. Are they yet ready? I trust that Wisconsin will not bate a jot of her grand position. She will help make history. Eemember me kindly to your faithful father and believe me, my dear sir, Sincerely yours, Charles Sumner. P. S. I had a special regret in leaving Wisconsin without seeing more )f you. Byron Paine. yi.— Booth's Trial. Booth did not long remain at liberty. The United States iistrict court, Judge Miller presiding, commenced its summer .erm at Madison; and the grand jury found indictments against Messrs. Booth, Rycraft, and others, for their participation in the Jlover rescue Upon these indictments, Booth was rearrested. ie went to jail, and his counsel once more applied to the itate supreme court for a writ of habeas corjJus. It was de- ' Copies of both of these letters are in possession of the Wisconsin His - orical Society. 134 WISCONSIN HISTORICAL SOCIETY. nied on the ground that the United States court had obtained jurisdiction and that the State court ought not to interfere until the Federal court had heard the case and pronounced judg- ment. The fall term of the United States district court came on. Booth was confined to his bed by severe illness, and his case went over. John Rycraft, however, was tried under the indict- ment found against him in July, convicted, and sentence deferred. In January, 1855, the United States court again convened. The grand jury found new bills of indictment against Booth and several others. The trial began Januai'y 10, and lasted three days.' Sharpstein was assisted in the prosecution by Edward G. Ryan, a prominent attorney, afterwards chief justice of the State. The jury found a verdict against the prisoner, finding him guilty of several of the counts charged. Motions were at once made in arrest of judgment, and for a new trial. The foj'm of the indictment was challenged, the sufficiency of proof disputed, and evidence offered that one of the jurors had pre- judged the case. The judge overruled the motions, and pro- nounced sentence. Booth was condemned to one month's imj^ris- onment, $1,000 fine, and costs of prosecution — ,^1,451 in all. The news of the conviction created intense excitement in Mil- waukee, and elsewhere throughout the commonwealth. Meetings were held in many parts of Wisconsin, at which very strong resolutions were passed, and funds subscribed for the further defense of the prisoners. Each subscriber generally gave some small amount, — a dollar or two, — although several very large subscriptions were received. The resolutions passed at the5e meetings, — in fact, the attitude of Wisconsin for the next five years, ^ must have made political students believe that the days of the Virginia and Kentucky resolutions, and of South Carolina nullification, had returned to stay. The Milwaukee Sintlnel reported that "one of the largest and most enthusiastic meetings ever held in Milwaukee " met at Young's Hall, Friday evening, January 2G, 1855. Hand-bills had been circulated about the streets with the now familiar heading, "Freemen! to the Rescue!" the words shouted by 'Full reports of thr Iri.il an- f.mnil in tlir Milwaukee Sentinel and the Riicine Advoc(i/< . THE FUGITIVE SLAVE LAW IN WISCONSIN. 1 35 Booth as he rode up and down the streets, calling the meet- ing which led to the rescue of G-lover. These watch-words of Booth were often quoted, being the common heading for calls for "Booth meetings." Among the resolutions passed at this Milwaukee gathering were the following: "Resolred, That, believing the fugitive slave act to be wrong in itself and in gross violation of our constitutional rights, and heartily responding to the decision of our State supreme court, which has pronounced that act unconstitutional and void, we hold that it has no binding effect upon us or ours, and we re- pudiate all obligation to obey its unlawful and unconstitutional requirements. "Resolved, That we call upon the legislature of the State, now assembled, to do whatever in them lies to protect the citizens of this State from the pains and penalties of this inhuman and illegal act; to prohibit all magistrates or other officers, holding office by virtue of any law of this State, from rendering any official assistance in the capture or detention of any persons claimed as fugitives from slavery ; and to forbid the use of all jails or prisons for the confinement of persons arrested or con- victed under the provisions of the fugitive slave act. " ' The same resolutions were adopted at Fox Lake, January 31.- A meeting at Oakland, Jefferson county, January 30, passed vigorous resolutions, of which one was as follows:' "Resolved, That the imprisonment of these our fellow-citizens. Booth and Rycraft, is only indicative of the liability we are all under of having our liberty taken from us, and our most sacred rights being involved; and that we should not only assist them in re- gaining their liberty, but also be prepared to resist, even at tJie expense of life, the encroachment of this ' sum of all villainies.' " A childish resolution was passed in the same town. It serves to show how angry and excited the people were: "Resolved, That we cannot look on the course of Judge Miller with the ' least degree of allowance, ' and that we regard him as a dis- grace to the name of judge, a tyrant when clothed with a little brief authority, an old Granny and a miserable Doughface. " ' Wisconsin passed a Personal Liberty Act in 1857. See post, p. 158. ' Sent to Milwavikee Sentinel for publication. * Milwaukee Free Democrat, first week in February. 136 WISCONSIN HISTORICAL SOCIETY. A small meeting held at Spring Grove, C4reen county, re- solved ^ "That we will see Booth and Ryeraft out of their troubles, if \i;e luive to do it at the 2)oint of the bayonet. " No other resolution which I have found, went as far as this. Some merely condemned the fugitive slave law, and asked for its repeal. After the trial, the counsel for the prisoners once more ap- pealed for help to the supreme court of the State. A writ of habeas corpus was applied for and granted. ■ It being understood that the Milwaukee sheriff would leave with his prisoners for Madison, on Monday morning, January 29, at seven o'clock, the people began to assemble at that time to es- cort Booth and Ryeraft to the station. Punctually at the hour named, the church-bells rang and cannon thundered. In a short time nearly two thousand people had collected on the ground, being marshaled in procession by Dr. E. B. Wolcott, led by a band of music in a four-horse sleigh, in the center of the col- umn being the sheriff with his prisoners, in a similar sleigh. The line of march was taken up along Jackson, Wisconsin, Spring, and Third streets to the railroad station. As they passed Judge Miller's house, the band played "Jordan is a hard road to travel," and the people groaned and hissed; at the home of Booth, and other points on the route, they gave repeated cheers. Arrived at the station. Booth and Ryeraft, in obedi- ence to popular call, climbed to the top of the car, where each made a short speech expressing his acknowledgments for the sympathy and support shown. The morning was cold, the deep snow and severe wind predisposing everybody to keep within doors; nevertheless, there was a large crowd at the station. There could be no mistaking the spirit that animated the people. The following Saturday, Booth and Ryeraft returned free men. The decision was unanimous, although Judge Crawford still dissented on the nuxin issue. Much of the old ground, of compact and State rights, was again gone over. The court held that the power to guard and protect the liberty of the indi- vidual citizen is among the reserved powers of the States, never relinquished by them except in cases specified by the con- stitution of the United States. In this connection. Chief Jus- ' Milwaukee Free 1)< morrat. THE FUGITIVE SLAVE LAW IN WISCONSIN. 1 37 tice Whiton said: ' "It will not be denied that the supreme court of a State in which is vested, by the constitution of the State, the power to issue writs of habeas coj'jjus, and to de- cide the questions which tbey present, has the power to release a citizen of the State from illegal imprisonment. Without this power, the State would be stripped of one of the most essential attributes of sovereignty, and would present the spectacle of a State claiming the allegiance of its citizens, without the power to protect them in the enjoyment of their personal liberty upon its own soil. * * * In my opinion, the Stale government and State courts are not reduced to this humiliating condition. They are not obliged to look on and see the citizens of the State imprisoned for no lawful cause, without the power to grant that relief which all governments owe to those from whom they claim obedience. " After the decision, Charles Sumner wrote the following letters to Paine: - Washington, 18tii Jun. '56. My Dear Sir — You touch the question to the quick. For a long time I have seen it as you do. If the Supreme Court has the power which it claims, then are all the rights of the States subordinated to this Central Power. I am disposed to believe that the authors of the Constitution did not foresee the dilemma presented. If the North were really aroused, the question would be settled or avoided, while State Rights would be secured. It were well that the .srif-drfcnsirr power of the States should be recognized like that Srnati/^ coiisulfuH of Cicero, tanqaam. gladim in va;fina—; but that the occasion for its exercise might be avoided. But surely we have as great cause for complaint now as can ever be an- ticipated. What usurpation more intolerable than the Fug. Bill can be hatched? I liave read Judge Smith's opinions. He has placed the lovers of con- stitutional freedom under renewed obligation. It will give me pleasure always to hear from you and to have your sug- gestions. _ ,. T „. Believe me, dear Sir, with much regard Very faithfully yours, Charles Scmnek. 1 Wis. Reports {Dixon's Notes), iii., 3rd case. 2 Copies of letters in possession of the Wisconsin Historical Society. n 138 WISCONSIN HISTORICAI, SOCIETY. Washington, 8th Aug., '56. My Dear Sir — I was abovit to suggest to you to have the opinions of the court and the arg'ts of counsel in Mr. Booth's case collected and published in a pamphlet, when I observed that there was a pamphlet containing the most valuable portion of them. Let me ask you to do me the favor of sending me a copy of this pamphlet to my address at Boston. I congratulate you, my dear sir, upon your magnificent effort, which does honor not only to your State but to the country. That arg't will live in the history of this controversy. God grant that Wisconsin may not fail to protect her own rights and the rights of her citizens in the exigency now before her! To her belongs now the lead which Massachusetts should have taken. Of the final result I have no doubt. Believe me, my dear Sir, with high esteem Faithfully yours, Charles Sumner. P. S. Judge Smith's opinion showed the true metal. That too will live. Indeed, you and he have been making history. Byron Paine, VII. — The United States Supreme Court Decision. — Booth Par- doned. This second Booth case also cama before the supreme court at Washington. On the twenty-first of April following, the at- torney-general of the United States presented a petition to the chief justice of the supreme court, averring that the State court had no jurisdiction in the case, and praying for a writ of error. The writ was granted, returnable on the first Monday of Decem- ber, 1855, and a citation for the defendant to appear on that day was issued by the chief justice. The supreme court of Wis- consin, however, directed the clerk of the court to make no re- turn to the tor it of error, and to enter no order upon the journals or records of the court, concerning the same. Here came a sharp conflict between the highest court of the State and the highest court of the United States. At length the United States su- preme court assumed jurisdiction of the Booth cases, March 0, 1857, upon a certified copy of proceedings, not upon the official record. The case was not reached for argument until the De- cember term, 1858. In each of the Booth cases, the judgment of THE FUGITIVE SLAVE LAW IN WISCONSIN. 1 39 the supreme court of Wisconsin was reversed. Tlie opinion of the court was read by Chief Justice Taney, and held : ' 1st. The process of a State court or judge has no authority beyond the limits of the sovereignty which confers the judicial power. 2nd. A habeas corpus, issued by a State court or judge, has no authority within the limits assigned by the constitution of the United States. The sovereignty of the United States, and of a State, are distinct and independent of one another within their respective spheres of action, although both exist and exer- cise their powers within the same territorial limits. 3rd. When a writ of habeas corpus is served on a marshal or other person having a prisoner in custody under the authority of the United States, it is his duty, by a proper return, to make known to the State judge or court the authority by which he holds him. But, at the same time, it is his duty not to obey the process of the State authority, but to obey and exe- cute the process of the United States. 4th. This court has appellate power in all cases arising under the constitution and laws of the United States, with such ex- ceptions and regulations as Congress may make, whether the cases arise in a State court or in an inferior court of the United States. And, under the act of Congress of 1789, when the de- cision of the State court is against the right claimed under the constitution or laws of the United States, a writ of error will lie to bring the judgment of the State court before this court for reexamination and revision. 5th. The act of Congress of September 18, 1850, usually called the fugitive slave law, is constitutional in all its provisions. 6th. The commissioner appointed by the district court of the United States, for the district of Wisconsin, had authority to issue his warrant and commit the defendant in error, for an of- fense against the act of September 18, 1850. 7th. The district court of the United States had exclusive jurisdiction to try and punish the offense; and the validity of its proceedings and judgment cannot be reexamined and set aside by any other tribunal. ^ HowarcVs U. S. Reports, xxi., p. 506. I40 WISCONSIN HISTORICAL SOCIETY. This decision gave practically the finishing stroke to the his- tory of a most important controversy, settling as it did for the first time, with clearness and accuracy, the limits of State sover- eignty and State jurisdiction, and the want of power of State courts and State judges to interfere with or interrupt the proceedings of the Federal courts in actions of which juris- diction has been conferred upon them by the constitution of the United States. The United States supreme court sent its remittitur to the Wisconsin court, to reverse their decision and return Booth into Federal custody. This command the State court refused to obey." Nevertheless, on March 1, 1860, Booth was again ar- rested by the United States marshal and confined in the custom- house in Milwaukee. AjDplication was at once made to the State supreme court for a writ of habeas corjms, but Justice Paine, having been Booth's counsel, declined to act; and the new justice, Judge Dixon, holding the fugitive slave act consti- tutional and valid, the court was evenly divided and the ap- plication failed.'- Booth therefore went to prison. August 1, Booth was rescued from the G-overnment prison, and escaped to the northern part of the State. ^ He enjoyed his freedom but a short time, however, being reai'rested at Berlin, October 8, and remaining in prison until enough pressure was brought to bear upon the President to secure his pardon. The pardon was signed just before Lincoln's inauguration, and Booth was at last free. VIII.— The Judicial Election o/ 1859. The election of 1859 gives further illustration of the State sovereignty sentiment of Wisconsin, at this time. Byron Paine, a comparatively young man, ran for associate justice of the supreme court, his opponent being William P. Lynde, a lawyer of much longer standing. Paine ran on an anti-slavery and qtcasi State-rights issue. In his argument in the Booth trial, ' Wis. Rejyorts {Vilas and BryanVs Notes), ii., p. 517. 'The Milwaukee Sentinel for the first week of March, 1860, toll.s of the arrest and application for the writ of habeas corpus. » Milwaukee Seufiucl, Aug. 2, 1860. THE FUGITIVE SLAVE LAW IN WISCONSIN. I4I after quoting fi-om the Virginia and Kentucky resolutions, he had said: " The States should have the right to judge, in the last resort, when their sovereignties are encroached upon, and to take measures for their protection. " The campaign was an exciting one. A newspaper was pub- lished at Monroe, bearing the title Wisconsin State Rights. The resolutions of Madison and Jefferson were constantly referred to in the press. Numerous communications appeared in the papers, signed "State Rights;" and the Milwaukee Sentinel, just before the election, told its readers to vote for " State rights and Byron Paine. " State rights and Byron Paine won. Paine received 40,500 votes to Lynde's 38,355. After the election, Charles Sumner wrote Judge Paine from Rome, Italy, as follows:' Rome, 12th May, '59. Mt Dear Sir — Of late I have received very little political intelligence from home, and in the depression of a protracted disability I have hardly missed it. But to-day I have been gladdened and strengthened by the news that the people of Wisconsin have elected you a Judge of the Sup. Ct. on the issue distinctly presented, that it is the duty of the State to throw the protection of its process around all within its borders. Better news for Freedom never, in the long line of history, reached this ancient capital. • Wherever I go I feel the new influence, and the venerable monuments about me flash for the moment with the brightness of youth. God bless the people of Wisconsin who know their rights, and knowing dare maintain! God bless the champion they have chosen! God bless the cause! To the people, to the champion, and to the cause, an American citizen far away in a foreign land sends the best wishes of his heart. In this event I hail the certain beginning of a new order of things in our country. Trial by Jury, Habeas Corpus and the other safeguards of the rights of all — struck down by the preposterous and tyrannical pretensions of slavery under the National constitution — will again become realities! A happy day it will be for the peace and good name of the Republic when this is achieved. Meanwhile Wisconsin has nobly set the example which older States must follow. The end cannot be doubtful. I congratvilate you, my dear Sir, upon the distinguished position you have been called to occupy! but permit me to add that, honorable as it is to be a judge, the cause you represent gives to you a better glory. Believe me, my dear Sir, with much regard Very faithfully yours, Charles Sumner. The Hon^ble Byron Paine. * A copy of the letter is in the library of the Wisconsin Historical Society. 142 WISCONSIN HISTORICAL SOCIETY. IX. Xullifying Legislative Acts. Durino- the fifties, several of the Northern States passed "per- sonal liberty " laws. Wisconsin passed such a law in 1857, its title being "An Act relating to the writ of habeas corpus to persons claimed as fugitive slaves, the right of trial by jury, and to TDrevent kidnaping in the State." ' The act made it the duty of the district attorneys in the counties to faithfully use all law- ful means to "protect, defend, and procure to be discharged, every person arrested or claimed as a fugitive slave." It was prov^ided that any person who should represent any free person to be a slave, should be fined $1,000. Two witnesses wei'e to be required, to prove a person a slave. Perhaps the most impor- tant clause of all was, that declaring that judgments recovered against any one for not obeying the terms of the fugitive slave act, should not constitute a lien. The effect of this act would be practically to nullify the hated provisions of the fugitive slave law% in Wisconsin. By a vote of 47 to 37 in the assembly, and 13 to 12 in the senate, the legislature of 1859 took another important step, in adopting joint resolution.^ relative to the decision of the United States supreme court reversing the decision of the supreme court of Wisconsin.- They I'ead as follows: " Whereas, The supreme court of the United States has as- sumed appellate jurisdiction in the matter of the petition of Shemnan M. Booth for a writ of habeas corpus presented and prosecuted to final judgment in the supreme court of this State, and has, without process, or any of the forms recognized by law, assumed the power to reverse that judgment in a matter in- volving the personal liberty of a citizen, asserted by and ad- judicated to him by the regular course of judicial proceedings upon the great writ of liberty secured to the people of each State by the constitution of the United States: " And whereas, Such assumption of power and authority by the supreme court of the United States, to become the final arbiter of the liberty of a citizen, and to override and nullify ' Laws of Wis., 1857, p. 12. ^Laws of n7.s-., 1859, p. 217. THE FUGITIVE SLAVE LAW IN WISCONSIN. 143 the judgment of the State courts' declaration thereof, is in di- rect coiifiict with that provision of the United States constitu- tion which secures to the people the benefits of the writ of habeas corpus : "Therefore resolved, The senate concurring, that we regard the action of the supreme court of the United States, in assum- ing jurisdiction in the case before mentioned, as an arbitrary act of power, unauthorized by the Constitution, and virtually superseding the benefit of a writ of habeas corpus, and prostrat- ing the rights and liberties of the people at the feet of unlim- ited power. "ResolceA That this assumption of jurisdiction by the Federal judiciary, in the said case, aad without process, is an act of un- delegated power, and therefore without authority, void and of no force. " The next resolution quoted the Kentucky statement of the compact theory of the constitution, and the resolutions then continued : -Resolved, That the principle and construction contended for by the party which now rules in the councils of the nation, that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism, since the discretion of those who administer the government, and not the Constitution, would be the measure of their power; that the several States that formed that instrument, being sover- eio-n and independent, have the unquestionable right to judge of^ts infraction; and that a positive defiance, by those sover- eignties, of all unauthorized acts done or attempted to be done umler color of that instrument, is the rightful remedy." It is perhaps significant that the greater portion of the last resolution is taken verbatim from the radical Kentucky resolu- tions of 1799, with the substitution of the words "a positive defiance " for the word " nullification." These resolutions, and the personal liberty law of 1857, were Wisconsin s strongest formal protests against the fugitive slave law. „ Wisconsin's action was guided by her opposition to slavery. 144 WISCONSIN HISTORICAL SOCIETY. "When the nationarauthority seemed united to the slave cause, she took high State sovereignty ground. On the eve of the War of Secession, through her courts, her legislatures, and her elections, she stood by the compact theory of government, and declared for nullification. When the slave cause was de fended by the doctrine of State sovereignty, and the nation aimed to coerce South Carolina from her secession under that theory, Wisconsin found her interest united with the national cause, and sent her forces to the field in eager and effective support of the Federal government. It was a reversal of theory, with consistency of purpose, hardly paralleled in history. J ■sil 4 LIBRARY OF CONGRESS iifi 012 026 191 5