Ableman v. Booth

▪ law case

      (1859), case in which the U.S. Supreme Court upheld both the constitutionality of the Fugitive Slave Act (Fugitive Slave Acts) and the supremacy of the federal government over state governments.

      Sherman Booth was an abolitionist newspaper editor in Wisconsin who had been sentenced to jail by a federal court for assisting a runaway slave—a clear violation of the 1850 Fugitive Slave Act (Fugitive Slave Acts), which required all Americans to cooperate in the capture and return of escaped slaves. Wisconsin (as well as several other Northern states), however, had responded to the federal act by passing a “personal liberty law,” severely impeding enforcement by federal authorities of the Fugitive Slave Act within its borders.

      As a consequence, Booth was released on a writ of habeas corpus, issued by a judge of the Wisconsin Supreme Court. U.S. District Marshal Ableman, however, obtained a writ of error from the U.S. Supreme Court in order to have the state court's action reviewed. The Supreme Court rendered a unanimous opinion reversing the Wisconsin court. Chief Justice Roger B. Taney (Taney, Roger Brooke)'s opinion denied the right of state courts to interfere in federal cases, prohibited states from releasing federal prisoners through writs of habeas corpus, and upheld the constitutionality of the Fugitive Slave Act.

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