Page:A Historic Judicial Controversy and Some Reflections (Gregory, 1913).djvu/7

Rh to the states and not a grant to Congress of the right to legislate for its enforcement. The court also held the warrant fatally defective and the law of 1850 invalid in denying trial by jury and also not requiring due process of law.

This decision was in palpable conflict with the law declared by the Supreme Court of the United States in Prigg v. Pennsylvania. But it was universally acclaimed by the foes of slavery in Wisconsin as the opinion of a very Daniel come to judgment. The opinion was eloquent and plausible and showed some learning and reflection.

The citizens of Racine again assembled and concurred unanimously in the following resolutions:—

", That we hail with unmingled satisfaction the decision of Judge Smith by which the constitution is vindicated and restored to its original purity;

", That Judge Smith's construction is the true and undoubted meaning of the constitution as left by the hands of the fathers who framed it, that the reasoning by which he arrived at that conclusion is unanswerable and places the Judge in the front rank of constitutional jurists;

", That it is "holy light" when compared with the muddy and discrepant opinions of the United States Court in the famous Prigg case, reported in 16th Peters;

, That with him we sincerely and solemnly believe that the last hope of a free representative and republican government rests upon the state sovereignties and fidelity of state officers to their double allegiance to the state and federal government;

, That Judge Smith has manfully and ably fuilfilled the trust of double allegiance which the people of Wisconsin committed to him."

Everywhere throughout the state among the friends of liberty this decision was received with great enthusiasm.

Thereupon certiorari was sued out and the case taken to the Supreme Court. Here it was argued in June, 1854, by Paine for Booth and by the federal attorney with Edward G. Ryan for the government. I remember Byron Paine well; a tall, well-built man, with a big head, a high forehead verging on baldness, large features, a florid complexion and thick wavy brown beard. He was fond