it denied to the fugitive a jury trial. Judge Smith retained his views as to the lack of power in Congress to pass any law on the subject, and concurred with the Chief Justice in his objections to the law; while Justice Crawford dissented from the conclusion of the majority, holding the law to be valid, but agreeing in the result because the commitment did not on its face show that the case was within the law.
The legal victory thus won by Byron Paine seemed to be complete. He had met in the highest tribunal of the State one of the greatest men of the profession, and had utterly routed him. The decision of the Court touched and thrilled the popular heart, and the beardless champion of human freedom was unquestionably the hero of the hour. Nor was the enthusiasm over the victory confined to the narrow limits of the State of Wisconsin. The contest had been eagerly watched by leading abolitionists in all parts of the country, and the victory was hailed by them with delight and the youthful victor was overwhelmed with praise.
Charles Sumner wrote on the 5th of August, 1854:
Washington, Aug. 5th, 1854.
"* * * I congratulate you upon your magnificent effort which does honor not only to your State but to your country; the argument will live in the history of this controversy. God grant that Wisconsin may not fail to protect her own right and the rights of her citizens in the emergency now before her. To her belongs the lead which Massachusetts should have taken. * * *"
Wendell Phillips thus congratulated him:
Milwaukee, Nov. 24th.
"Dear Sir:
I hoped to have met you last evening to tell you with what unbounded delight I read your argument in the Booth case. You know you have many companions in the pathway of that effort; but I think none excels you in the completeness and force with which the points are presented and some of the views
