State Resistance Quotes



The Federal Fugitive Slave Act required all in free states to assist owners of escaped slaves to return them to their owners. In 1854 a Missouri slave owner tracked his escaped slave to Wisconsin and the Federal officials incarcerated the slave pending his return. A Wisconsin mob broke the slave out of jail and helped him escape to Canada. Sherman M. Booth, Publisher & Editor of the Wisconsin Free Soil Democrat was convicted under the Fugitive Slave Act for aiding the escape. Smith’s opinion overturned the Fugitive Slave Act on the grounds that it had usurped state’s rights. The Supreme Court overturned Smith’s ruling, but Booth was pardoned. See {587927} & {587928}.


The revenue laws he referred to were tariff duties on foreign imports that were instituted to protect fledgling American domestic manufacturers. The problem was that at the same time as it helped the manufacturers, it caused everyone to pay higher prices. Worse, it destroyed the business of the importers, and the retail merchants who specialized in fine European imports. It also hurt the shipping business so owners and sailors alike were damaged. Maritime and importing states were outraged and if enough people did not support the tariffs, smuggling would increase. Polarization and controversy were rife at the time. Unlike today conservatives tended to be for the protectionist tariffs and the left wing tended to be for free trade. Jackson insisted that the law be obeyed, but he wanted Congress to pay attention to the damaged forces.


Surprising to most Americans today, at that time, the Governors controlled the State militias, and in this case two Governors refused to make their militias available for the war effort. This experience and others led to the change which today allows the Federal Government to “call up” the National Guard of any state regardless of the desire of the State Governor.