Author: H. Robert Baker
Release Date: 2012
Examines the case of Prigg v. Pennsylvania, the 1842 Supreme Court case that struck down the free states' personal liberty laws and reaffirmed federal supremacy in determining the procedures for fugitive slave rendition. The first and only book-length treatment of this landmark case that became a pivot point for antebelum politics and law some fifteen years before Dred Scott.
Author: Mark V. Tushnet
Publisher: Univ Pr of Kansas
Release Date: 2003-08
Slavery in the American South could not have existed without the authority of law defining slaves as the property of their masters. But the fact that slaves were also human beings placed limits on this harsh reality. When the rigor of the law and the complex bonds of sentiment linking master and slave came into conflict, masters looked to the courts. In one such case, "State v. Mann, North Carolina Supreme Court justice Thomas Ruffin ruled that masters could not be prosecuted for assaulting their slaves. In articulating the legal basis for his decision, Justice Ruffin also revealed his own view of the "logic of slavery," in which he sanctioned the owner's rights even as he expressed his own horror at the mistreatment of the slave. Mark Tushnet, one of the foremost living authorities on antebellum slave law, now shows how studying such a simple case can illuminate an entire society. For those who detested slavery, the case represented all that was intolerable about that institution; for those who defended it, it raised vexing and persistent issues that could not be wished away. As further testament to the importance of "State V. Mann, Harriett Beecher Stowe even made it central to her second antislavery novel, "Dred. Tushnet discusses the opinion's place in the novel--in which she quoted liberally from Ruffin's decision--and evaluates other historians' interpretations of both the opinion and Stowe's provocative novel. Tushnet provides a finely detailed analysis of Ruffin's opinion, portraying the judge as a man compelled by law to uphold the slaveowner's right while moved as a Christian by the slave's maltreatment and ever hopeful that communal morality and a deep-seated sense of honorwould moderate the excesses of slave owners. As Tushnet shows, however, slave law was a means for maintaining the ideological hegemony of the Southern master class. "Slave Law in the American South paints a broad picture of a
Author: Steven Lubet
Publisher: Harvard University Press
Release Date: 2011-03-15
In this book, Steven Lubet examines, in detail, three trials on the great issue of fugitive slaves in the 1850’s, the fugitive slave statutes, and how the legal system coped or failed to cope with the apparent inconsistencies between the Constitution supporting slavery and its purpose of guaranteeing certain rights to every man. The first case occurred in 1851 when a white Pennsylvania miller named Caster Hanway faced treason charges based on his participation in the Christiana slave riot. The second trial was of Anthony Burns in Boston, and the third case arose out of the 1858 capture of John Price by Kentucky slavehunters in the abolitionist stronghold of Oberlin, Ohio. The fugitive slave trials also provide modern readers with uncomfortable insights into the nature of slavery itself. With sincere conviction, many northern judges – including some who claimed to oppose slavery – calmly considered the quantum of evidence necessary to turn a human being into property. This book powerfully illuminates the tremendous bravery of the fugitives, the moral courage of their rescuers and lawyers, and, alas, the failure of American legal and political institutions to come to grips with slavery short of civil war.
Author: Thomas D. Morris
Publisher: The Lawbook Exchange, Ltd.
Release Date: 1974
Examines the Impact of the Idealism of the Personal Liberty Laws of Pennsylvania, New York, Massachusetts, Ohio and Wisconsin The Personal Liberty Laws reflected the social ethical commitment to freedom from slavery and as such were among the bricks that laid the foundation for the Fourteenth Amendment. Morris examines those statutes as enacted in the five representative states Pennsylvania, New York, Massachusetts, Ohio and Wisconsin, and argues that these laws were an alternative to the violence allowed by the southern slave codes and the extreme abolitionist viewpoints of the north. Thomas D. Morris [1938-] taught in the Department of History, Portland State University and is the author of Southern Slavery and the Law, 1619-1860. CONTENTS I. Slavery and Emancipation: the Rise of Conflicting Legal Systems II. Kidnapping and Fugitives: Early State and Federal Responses III. State "Interposition" 1820-1830: Pennsylvania and New York IV. Assaults Upon the Personal Liberty Laws V. The Antislavery Counterattack VI. The Personal Liberty Laws in the Supreme Court: Prigg v. Pennsylvania VII. The Pursuit of a Containment Policy, 1842-1850 VII. The Fugitive Slave Law of 1850 IX. Positive Law, Higher Law, and the Via Media X. Interposition, 1854-1858 XI. Habeas Corpus and Total Repudiation 1859-1860 XII. Denouement Appendix Bibliography Index
Author: Tinsley E. Yarbrough
Publisher: Univ Pr of Kansas
Release Date: 2002
Through much of the 1990s, a newly hatched snake wreaked political havoc in the South.When North Carolina gained a seat in Congress following the 1990 census, it sought to rectify a long-standing failure to represent African American voters by creating, under federal pressure, two "majority-minority" voting districts. One of these snaked along Interstate 85 for nearly two hundred miles -- not much wider than the road itself in some places -- and was ridiculed by many as one of the least compact legislative districts ever proposed.From 1993 to 2001, three intertwined cases went before the Supreme Court that decided how far a state could go in establishing voting districts along racial lines. Noted Supreme Court biographer Tinsley Yarbrough examines these closely linked landmark cases to show how the Court addressed the constitutionality of redistricting within the volatile contexts of civil rights and partisan politics.A suit was first filed by Duke University law professor Robinson Everett, a liberal who loathed discrimination but considered racially motivated redistricting a clear violation of the Fourteenth Amendment's equal protection clause. Yarbrough tells how Everett enlisted associates as plaintiffs and went on to win two Supreme Court victories in Shaw v. Reno (1993) and Shaw v. Hunt (1996) -- both by 5-4 decisions. Following the creation of another "flawed" redistricting plan, he rounded up a new set of plaintiffs to take the battle back to the Supreme Court. But this time, in Easley v. Cromartie -- on the swing vote of Justice Sandra Day O'Connor -- the 5-4 vote went against him.Yarbrough shows the significant impact these cases have had on election law and thefascinating interplay of law, politics, and human conflict that the dispute generated. Drawing heavily on court records and on interviews with attorneys on both sides of the litigation, he relates a complex and intriguing tale
Author: Mark R. Levin
Publisher: Simon and Schuster
Release Date: 2013-08-13
Genre: Political Science
Mark R. Levin has made the case, in numerous bestselling books that the principles undergirding our society and governmental system are unraveling. In The Liberty Amendments, he turns to the founding fathers and the constitution itself for guidance in restoring the American republic. The delegates to the 1787 Constitutional Convention and the delegates to each state’s ratification convention foresaw a time when the Federal government might breach the Constitution’s limits and begin oppressing the people. Agencies such as the IRS and EPA and programs such as Obamacare demonstrate that the Framers’ fear was prescient. Therefore, the Framers provided two methods for amending the Constitution. The second was intended for our current circumstances—empowering the states to bypass Congress and call a convention for the purpose of amending the Constitution. Levin argues that we, the people, can avoid a perilous outcome by seeking recourse, using the method called for in the Constitution itself. The Framers adopted ten constitutional amendments, called the Bill of Rights, that would preserve individual rights and state authority. Levin lays forth eleven specific prescriptions for restoring our founding principles, ones that are consistent with the Framers’ design. His proposals—such as term limits for members of Congress and Supreme Court justices and limits on federal taxing and spending—are pure common sense, ideas shared by many. They draw on the wisdom of the Founding Fathers—including James Madison, Benjamin Franklin, Thomas Jefferson, and numerous lesser-known but crucially important men—in their content and in the method for applying them to the current state of the nation. Now is the time for the American people to take the first step toward reclaiming what belongs to them. The task is daunting, but it is imperative if we are to be truly free.
Author: Earl M. Maltz
Release Date: 2007
Closely examines on of the Supreme Court's most infamous decisions: that went far beyond one slave's suit for "freeman" status by declaring that ALL blacks--freemen as well as slaves--were not, and never could become, U.S. citizens, bringing an end to the 1820 Missouri Compromise, while also resulting in the outrage that led to the Civil War.
Author: Abraham L. Davis
Publisher: SAGE Publications
Release Date: 1995-07-25
Genre: Political Science
Providing a well-rounded presentation of the constitution and evolution of civil rights in the United States, this book will be useful for students and academics with an interest in civil rights, race and the law. Abraham L Davis and Barbara Luck Graham's purpose is: to give an overview of the Supreme Court and its rulings with regard to issues of equality and civil rights; to bring law, political science and history into the discussion of civil rights and the Supreme Court; to incorporate the politically disadvantaged and the human component into the discussion; to stimulate discussion among students; and to provide a text that cultivates competence in reading actual Supreme Court cases.
Author: Peter Charles Hoffer
Release Date: 2011
Examines the trial of journalist Thomas Cooper, which was the first major constitutional challenge to the Sedition Act of 1798 and an important showcase for debating the role of government and the place of dissent in times of national emergency.
Author: Anne Farrow
Publisher: Ballantine Books
Release Date: 2007-12-18
Slavery in the South has been documented in volumes ranging from exhaustive histories to bestselling novels. But the North’s profit from–indeed, dependence on–slavery has mostly been a shameful and well-kept secret . . . until now. In this startling and superbly researched new book, three veteran New England journalists demythologize the region of America known for tolerance and liberation, revealing a place where thousands of people were held in bondage and slavery was both an economic dynamo and a necessary way of life. Complicity reveals the cruel truth about the Triangle Trade of molasses, rum, and slaves that lucratively linked the North to the West Indies and Africa; discloses the reality of Northern empires built on profits from rum, cotton, and ivory–and run, in some cases, by abolitionists; and exposes the thousand-acre plantations that existed in towns such as Salem, Connecticut. Here, too, are eye-opening accounts of the individuals who profited directly from slavery far from the Mason-Dixon line–including Nathaniel Gordon of Maine, the only slave trader sentenced to die in the United States, who even as an inmate of New York’s infamous Tombs prison was supported by a shockingly large percentage of the city; Patty Cannon, whose brutal gang kidnapped free blacks from Northern states and sold them into slavery; and the Philadelphia doctor Samuel Morton, eminent in the nineteenth-century field of “race science,” which purported to prove the inferiority of African-born black people. Culled from long-ignored documents and reports–and bolstered by rarely seen photos, publications, maps, and period drawings–Complicity is a fascinating and sobering work that actually does what so many books pretend to do: shed light on America’s past. Expanded from the celebrated Hartford Courant special report that the Connecticut Department of Education sent to every middle school and high school in the state (the original work is required readings in many college classrooms,) this new book is sure to become a must-read reference everywhere. From the Hardcover edition.
Author: Andrew K. Diemer
Publisher: Race in the Atlantic World, 17
Release Date: 2016
Considering Baltimore and Philadelphia as part of the Mid-Atlantic borderland, Diemer shows that the antebellum effort to secure the rights of American citizenship was central to black politics as it exploited the ambiguities of citizenship and negotiated the complex national, state, and local politics in which that concept was determined.
Author: H. Robert Baker
Publisher: Ohio University Press
Release Date: 2006-12-31
On March 11, 1854, the people of Wisconsin prevented agents of the federal government from carrying away the fugitive slave, Joshua Glover. Assembling in mass outside the Milwaukee courthouse, they demanded that the federal officers respect his civil liberties as they would those of any other citizen of the state. When the officers refused, the crowd took matters into its own hands and rescued Joshua Glover. The federal government brought his rescuers to trial, but the Wisconsin Supreme Court intervened and took the bold step of ruling the Fugitive Slave Act unconstitutional. The Rescue of Joshua Glover delves into the courtroom trials, political battles, and cultural equivocation precipitated by Joshua Glover's brief, but enormously important, appearance in Wisconsin on the eve of the Civil War. H. Robert Baker articulates the many ways in which this case evoked powerful emotions in antebellum America, just as the stage adaptation of Uncle Tom's Cabin was touring the country and stirring antislavery sentiments. Terribly conflicted about race, Americans struggled mightily with a revolutionary heritage that sanctified liberty but also brooked compromise with slavery. Nevertheless, as The Rescue of Joshua Glover demonstrates, they maintained the principle that the people themselves were the last defenders of constitutional liberty, even as Glover's rescue raised troubling questions about citizenship and the place of free blacks in America.
Author: Andrew Delbanco
Publisher: Harvard University Press
Release Date: 2012-04-23
Revisits the nineteenth century abolitionist movement as the embodiment of a driving force in American history, giving a better understanding of the balance between moral fervor and political responsibility.
Author: C. Peter Ripley
Publisher: Univ of North Carolina Press
Release Date: 2000-11-15
Genre: Biography & Autobiography
Encompassing a broad range of African American voices, from Frederick Douglass to anonymous fugitive slaves, this collection collects eighty-nine exceptional documents that represent the best of the five-volume Black Abolitionist Papers. In these compelling texts African Americans tell their own stories of the struggle to end slavery and claim their rights as American citizens, of the battle against colonization and the "back to Africa" movement, and of their troubled relationship with the federal government.