Ableman v. Booth
"Ableman v. Booth" is a significant Supreme Court case from 1859 that addressed the contentious issue of fugitive slaves and the authority of federal versus state law. The case arose after Joshua Glover, a fugitive slave from Missouri, was rescued from a Milwaukee jail by a group of abolitionists, including Sherman Booth, who was later convicted for his role in the rescue. The Wisconsin Supreme Court declared the federal Fugitive Slave Law of 1850 invalid, which led to Booth's release through a writ of habeas corpus. However, this decision was challenged and ultimately brought before the United States Supreme Court.
In a unanimous opinion delivered by Chief Justice Roger B. Taney, the Court reaffirmed the federal government's authority to enforce the capture of runaway slaves, ruling that state courts do not have jurisdiction over individuals in federal custody. This ruling emphasized federal supremacy in matters of fugitive slaves, a principle that was later reinforced in subsequent cases. "Ableman v. Booth" reflects the intense legal and moral debates surrounding slavery in the United States, highlighting the conflict between state rights and federal authority during a pivotal era in American history.
Ableman v. Booth
Date: March 7, 1859
Citation: 21 How. (62 U.S.) 506
Issue: Supremacy of federal courts over state courts
Significance: The Supreme Court held that the Fugitive Slave Law of 1850 was constitutional and ruled that a state court may not issue a writ of habeas corpus to release a person from federal custody.
Joshua Glover, a fugitive slave from Missouri, found work in a Wisconsin mill. Under the Fugitive Slave Law of 1850, the U.S. commissioner in Milwaukee issued an order for Glover’s arrest. An angry group of about one hundred men broke into the Milwaukee jail and rescued Glover, who escaped to Canada. Sherman Booth, a dynamic speaker who edited an antislavery newspaper, was convicted in federal court for taking part in the rescue. Not long after, the Wisconsin supreme court declared the 1850 law invalid, and one judge of the court issued a writ of habeas corpus to have Booth released. The court’s action was appealed to the U.S. Supreme Court.
![Portrait of United States Chief Justice Roger Brooke Taney sitting in a chair. It is a clipped version of a fuller photograph. Mathew Brady [Public domain], via Wikimedia Commons 95329067-91859.jpg](https://imageserver.ebscohost.com/img/embimages/ers/sp/embedded/95329067-91859.jpg?ephost1=dGJyMNHX8kSepq84xNvgOLCmsE2epq5Srqa4SK6WxWXS)
![Sherman Booth (September 12, 1812 – August 10, 1904) By unattributed (Wisconsin Historical Society) [Public domain], via Wikimedia Commons 95329067-91860.jpg](https://imageserver.ebscohost.com/img/embimages/ers/sp/embedded/95329067-91860.jpg?ephost1=dGJyMNHX8kSepq84xNvgOLCmsE2epq5Srqa4SK6WxWXS)
Writing for a unanimous Court, Chief Justice Roger Brooke Taney reaffirmed the authority of the federal government to capture runaway slaves and ruled that a state court lacked jurisdiction over a person in federal custody. In response, Wisconsin’s supreme court split evenly concerning whether or not to recognize federal supremacy in the matter. Taney’s opinion on federal supremacy was upheld in Tarble’s Case (1872), and that aspect of the decision remains good law.