James Booth Jr. (November 21, 1789 – March 29, 1855) was the chief justice of what later became the

Delaware Supreme Court The Delaware Supreme Court is the sole appellate court in the United States state of Delaware. Because Delaware is a popular haven for corporations, the Court has developed a worldwide reputation as a respected source of corporate law decisio ...

from 1841 until his death in 1855.

Early and family life

Born in

New Castle, Delaware New Castle is a city in New Castle County, Delaware, United States. The city is located six miles (10 km) south of Wilmington and is situated on the Delaware River. As of the 2010 census, the city's population was 5,285. History New Cast ...

, the son of Delaware Supreme Court Chief Justice

James Booth Sr. James Booth Sr. (February 6, 1753 – February 3, 1828) was the Secretary of State of Delaware (1778-1799) and the Chief Justice of the Delaware Court of Common Pleas The Delaware Court of Common Pleas are state courts of the U.S. state of Del ...

, the younger James Booth had a younger brother William Booth (1799-1870) and sisters Maria Booth Rogers (1786–1870) and Elizabeth Booth (1796–1883). He graduated from

Princeton University Princeton University is a private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth as the College of New Jersey, Princeton is the fourth-oldest institution of higher education in the United States and one of the n ...

. He married Hannah Rogers, the daughter of Governor Daniel Rogers and they had a son James Rogers Booth (1828–1896) and daughters Anna Rogers Booth Lockwood (1820–1894) and Julia M Booth Burton (1833–1921).

Career

After reading law, Booth was admitted to the Delaware bar in 1812. Nearly three decades later, in 1841, Governor

William B. Cooper William Cooper may refer to: Business *William Cooper (accountant) (1826–1871), founder of Cooper Brothers *William Cooper (businessman) (1761–1840), Canadian businessman *William Cooper (co-operator) (1822–1868), English co-operator *Willia ...

appointed him Chief Justice of Delaware's Court of Appeals to succeed Richard H. Bayard, who had become one of the state's two U.S. Senators. This Booth may be best known for granting a writ of habeas corpus in 1846, which freed the enslaved wife and children of freedman Samuel Hawkins, who were thus allowed to ride to Pennsylvania and freedom. However, the two owners of Hawkins' wife and children would seek the prosecution of Quakers John Hunn and

Thomas Garrett Thomas may refer to: People * List of people with given name Thomas * Thomas (name) * Thomas (surname) * Saint Thomas (disambiguation) * Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church * Thomas th ...

for violating the federal

Fugitive Slave Act A fugitive (or runaway) is a person who is fleeing from custody, whether it be from jail, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals. A fugitive from justice, also know ...

, and the heavy fines assessed by U.S. Supreme Court Chief Justice

Roger Taney Roger Brooke Taney (; March 17, 1777 – October 12, 1864) was the fifth chief justice of the United States, holding that office from 1836 until his death in 1864. Although an opponent of slavery, believing it to be an evil practice, Taney belie ...

had severe consequences for the Garrett and Hunn families.

Death and legacy

James Booth Jr. died in 1855. His widow, siblings, son and daughters would survive the American Civil War.

References

{{DEFAULTSORT:Booth, James Jr. 1789 births 1855 deaths Delaware lawyers Chief justices of Delaware 19th-century American judges 19th-century American lawyers