Monday, March 3, 2014

Ableman v Booth Discussion

Hey Team 4,

Here's a synopsis of historical facts that I've gathered from the case:

Sherman M. Booth was charged before Winfield Smith, a commissioner duly appointed by the District Court of the United States for the district of Wisconsin, with having, on the 11th day of March, 1854, aided and abetted, at Milwaukee, in the said district, the escape of a fugitive slave from the deputy marshal, who had him in custody under a warrant issued by the district judge of the United States for that district, under the act of Congress of September 18, 1850.

Booth made application on the next day, the 27th of May, *508 to A.D. Smith, one of the justices of the Supreme Court of the State of Wisconsin, for a writ of habeas corpus, stating that he was restrained of his liberty by Stephen V.R. Ableman, marshal of the United States for that district, under the warrant of commitment herein before mentioned;; and alleging that his imprisonment was illegal, because the act of Congress of September 18, 1850, was unconstitutional and void;; and also that the warrant was defective, and did not describe the offence created by that act, even if the act were valid.

I understand that there's a discrepancy when it comes down to whether or not the State of Wisconsin had the power to arrest Booth. There's also further misunderstandings as to the laws at the city, state, and federal level.

Outside of this, it seems to just be bureaucratic meandering as Booth is tossed in between court rooms and prisons. I can honestly admit defeat at the hands of this case as I haven't the foggiest idea what happens elsewhere in the case.

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