Ableman v. Booth

jgoldman — Wed, 19 Jan 1859 13:00:00 +0000

Location

Wisconsin Supreme Court

110 E Main St Madison WI 53703

Madison, WI 53703

United States

43° 4' 29.0352" N, 89° 22' 54.9012" W

See map: Google Maps

Case Basics

Plaintiff in error

Stephen V. R. Ableman

Petitioner Type

Plaintiff In Error

Defendant in error

Sherman Booth

Respondent Type

Defendant In Error

Consolidation

United States v. Booth

Heard By

Taney Court (1858-1860)

Decided By

Taney Court (1858-1860)

Opinion

62 U.S. 506 (1859)

Argued

Wednesday, January 19, 1859

Decided

Monday, March 7, 1859

Advocates

Jeremiah S. Black (Attorney General of the United States, argued the cause for the plaintiffs in error)

Facts of the Case

Sherman Booth petitioned a local court judge for the release of Joshua Glover, a runaway slave held in federal custody in Milwaukee, Wisconsin. Though the federal authorities did not accept the judge's order, a mob eventually freed Glover. Booth was charged with aiding the escape of a runaway slave in violation of the Fugitive Slave Act of 1850. Booth then successfully petitioned the Supreme Court of Wisconsin for his release, through a writ of habeas corpus. Booth was then convicted in the United States District Court for the District of Wisconsin and detained again. Booth again petitioned the Supreme Court of Wisconsin for his release, alleging that the Fugitive Slave Act was unconstitutional and that the Federal District Court lacked jurisdiction. Booth was again released by the Wisconsin Supreme Court. The United States appealed to the Supreme Court.

Question

Did the Supreme Court of Wisconsin have the authority to issue the writs of habeas corpus that released Booth?

Conclusion

No. In a unanimous decision, the Court reversed the Supreme Court of Wisconsin. In an opinion authored by Chief Justice Roger B. Taney, the Court asserted the supremacy of federal courts on issues of federal law. The Court dismissed Wisconsin's claim of judicial power, since "it certainly has not been conferred on them by the United States; and it is equally clear it was not in the power of the State to confer it." Chief Justice Taney relied on the Constitution in that it is "the supreme law of the land, and the judges in every State shall be bound thereby." While the state courts of Wisconsin certainly did have authority to issue writs of habeas corpus to cases where the prisoner was held by the state of Wisconsin, the authority did not extend to prisoners held by the federal government.

Cases - 1858 term

Ableman v. Booth

Location