Sherman Booth
Encyclopedia
Sherman Booth was an abolitionist, editor
and politician in Wisconsin
. Born in Davenport, New York
, Booth moved to Wisconsin from New York
, just days before Wisconsin was granted statehood. He was one of the only members of the Free Soil Party
in the state at the time, and he was a staunch supporter of the Free Soil abolitionist platform. He was editor of the Milwaukee Free Democrat, which would later become the Waukesha Freeman newspaper.
In March 1854, he led a raid that freed Joshua Glover
, a runaway slave from Missouri
, from custody. Glover was being held in a Milwaukee jail, after being subdued the night before by a deputy federal marshal
in Racine
. Booth, under the instruction of the mayor of Racine, had discovered that there was a legal warrant
out for Glover, obtained by Glover's owner Bennami Garland. Under the current laws, Glover did not have the right to a fair trial, and, determined to set Glover free, Booth rode through Milwaukee, gathering support.
After a mob had gathered at the jail, over a hundred Racine men and their sheriff attempted to arrest the federal marshal for assault
and battery
. Not surprisingly, the federal judge refused the demands of the mob. After repeated refusals, the restless mob broke through the jail door, and Glover safely escaped to Waukesha, where a boat took him on to Canada
. Booth was blamed for the incident, and was arrested for violating the Fugitive Slave Act. His lawyer, Byron Paine
, then appealed for a writ of habeas corpus
from the Wisconsin Supreme Court
. The court, under Associate Justice Abram D. Smith
, freed Booth, declaring that the 1850 Fugitive Slave Law was unconstitutional. On July 19, 1854, the court officially reaffirmed Smith's decision.
The U.S. Supreme Court overruled the Wisconsin court's decision. They then asserted the supremacy of federal law and Booth was ordered to go back to prison. Arrested and tried, Booth was convicted in January 1855. However, he would go on to appeal again and again to the Wisconsin Supreme Court. On February 3, 1855, the court ruled again that the Fugitive Slave Law was unconstitutional, and demanded Booth's release.
Over the next four years, the case was debated in the Wisconsin courts, until 1859 when the U.S. Supreme Court overturned
the state action in Ableman v. Booth
, rearresting Booth. In response, the state legislature issued a Declaration of Defiance that declared the court decision to be "without authority, void, and of no force." By the time of the Civil War
, the question was moot, and public interest focused on the war and seceding states.
Booth died in Chicago, Illinois, and was buried at Forest Home Cemetery
in Milwaukee
.
Editing
Editing is the process of selecting and preparing written, visual, audible, and film media used to convey information through the processes of correction, condensation, organization, and other modifications performed with an intention of producing a correct, consistent, accurate, and complete...
and politician in Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
. Born in Davenport, New York
Davenport, New York
Davenport is a town in Delaware County, New York, USA. The population was 2,774 at the 2000 census.The Town of Davenport is in the northeast part of the county.- History :...
, Booth moved to Wisconsin from New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, just days before Wisconsin was granted statehood. He was one of the only members of the Free Soil Party
Free Soil Party
The Free Soil Party was a short-lived political party in the United States active in the 1848 and 1852 presidential elections, and in some state elections. It was a third party and a single-issue party that largely appealed to and drew its greatest strength from New York State. The party leadership...
in the state at the time, and he was a staunch supporter of the Free Soil abolitionist platform. He was editor of the Milwaukee Free Democrat, which would later become the Waukesha Freeman newspaper.
In March 1854, he led a raid that freed Joshua Glover
Joshua Glover
Joshua Glover was a runaway slave from St. Louis, Missouri who sought asylum in Racine, Wisconsin in 1852. Upon learning his whereabouts in 1854, slave owner Bennami Garland attempted to use the Fugitive Slave Act to recover him. Glover was captured and taken to a Milwaukee jail...
, a runaway slave from Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
, from custody. Glover was being held in a Milwaukee jail, after being subdued the night before by a deputy federal marshal
United States Marshals Service
The United States Marshals Service is a United States federal law enforcement agency within the United States Department of Justice . The office of U.S. Marshal is the oldest federal law enforcement office in the United States; it was created by the Judiciary Act of 1789...
in Racine
Racine, Wisconsin
Racine is a city in and the county seat of Racine County, Wisconsin, United States. According to 2008 U.S. Census Bureau estimates, the city had a population of 82,196...
. Booth, under the instruction of the mayor of Racine, had discovered that there was a legal warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
out for Glover, obtained by Glover's owner Bennami Garland. Under the current laws, Glover did not have the right to a fair trial, and, determined to set Glover free, Booth rode through Milwaukee, gathering support.
After a mob had gathered at the jail, over a hundred Racine men and their sheriff attempted to arrest the federal marshal for assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
and battery
Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.In the United States, criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact...
. Not surprisingly, the federal judge refused the demands of the mob. After repeated refusals, the restless mob broke through the jail door, and Glover safely escaped to Waukesha, where a boat took him on to Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. Booth was blamed for the incident, and was arrested for violating the Fugitive Slave Act. His lawyer, Byron Paine
Byron Paine
-Biography:Paine was born on October 10, 1827 in Painesville, Ohio. He moved to Milwaukee, Wisconsin in 1847. Paine had three children with his wife, Clarissa. He was also a close friend of Sherman Booth and studied theology. Paine passed away on January 13, 1871 in Monona, Wisconsin.-Career:Paine...
, then appealed for a writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
from the Wisconsin Supreme Court
Wisconsin Supreme Court
The Wisconsin Supreme Court is the highest appellate court in the state of Wisconsin. The Supreme Court has jurisdiction over original actions, appeals from lower courts, and regulation or administration of the practice of law in Wisconsin.-Location:...
. The court, under Associate Justice Abram D. Smith
Abram D. Smith
Abram Daniel Smith was an American jurist from Wisconsin.Born in New York, he moved to Wisconsin Territory and practiced law in Milwaukee, Wisconsin. He served on the Wisconsin Supreme Court from 1853 until his resignation in 1859....
, freed Booth, declaring that the 1850 Fugitive Slave Law was unconstitutional. On July 19, 1854, the court officially reaffirmed Smith's decision.
The U.S. Supreme Court overruled the Wisconsin court's decision. They then asserted the supremacy of federal law and Booth was ordered to go back to prison. Arrested and tried, Booth was convicted in January 1855. However, he would go on to appeal again and again to the Wisconsin Supreme Court. On February 3, 1855, the court ruled again that the Fugitive Slave Law was unconstitutional, and demanded Booth's release.
Over the next four years, the case was debated in the Wisconsin courts, until 1859 when the U.S. Supreme Court overturned
Overturned convictions in the United States
- Alabama :Blount CountyBill Wilson was convicted of the 1912 murder of his wife and child. He was exonerated in 1918 when they were both found living in Indiana.Jackson County...
the state action in Ableman v. Booth
Ableman v. Booth
Ableman v. Booth, , is a case in which the Supreme Court of the United States held that state courts cannot issue rulings that contradict the decisions of federal courts, overturning a decision by the Supreme Court of Wisconsin....
, rearresting Booth. In response, the state legislature issued a Declaration of Defiance that declared the court decision to be "without authority, void, and of no force." By the time of the Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, the question was moot, and public interest focused on the war and seceding states.
Booth died in Chicago, Illinois, and was buried at Forest Home Cemetery
Forest Home Cemetery
Forest Home Cemetery located in the Lincoln Village neighborhood of Milwaukee, Wisconsin is the final resting place of many of the city's famed beer barons, politicians and social elite...
in Milwaukee
Milwaukee, Wisconsin
Milwaukee is the largest city in the U.S. state of Wisconsin, the 28th most populous city in the United States and 39th most populous region in the United States. It is the county seat of Milwaukee County and is located on the southwestern shore of Lake Michigan. According to 2010 census data, the...
.