The US Constitution of 1791 and the Fugitive Slave Clause

The US Constitution of 1791 and the Fugitive Slave Clause PDF Author: Norman Coles
Publisher: Liverpool University Press
ISBN: 1802071776
Category : History
Languages : en
Pages : 154

Get Book

Book Description
The US Constitutions, both of 1788 and 1791, contain at Article IV (para 2, Section 3) a clause generally called The Fugitive Slave Clause. This Clause was held to make it legal to both recapture and return fugitive slaves to the states where they had lived or the owner, even if he or she resisted. The Clause was held to be constitutionally legal by lawyers and legal commentators. Even Lincoln as a lawyer thought the Clause was constitutionally legal, even though he thought slavery evil. Norman Coles presents arguments which show that the Clause has at least two (and possibly three) meanings. The Clause may not refer to slaves at all, when it is interpreted in accord with its actual phrasing rather than its intended meaning promoting the wishes of owners. Alvan Stewart, a renowned Abolitionist lawyer, argued that the Clause was inconsistent with that part of the 1791 US Constitution which is Amendment IV, reasoning premised on the definition of person, which applied to the two dated Constitutions; and with regard to the Fourth Amendment (1791) where slavery (unless a result of crime and jury trial) was illegal under US law. Stewarts arguments are about Constitutional principles, not the practical consequences of believing the Clause was law. Stewarts reasoning is penetrating; arguments relating to ambiguity and legal jargon are superseded by the logical consequence of the fact that if the Clause is about fugitive slaves, its legality rests on false assumptions. Herein lay the potential to avoid an historical tragedy. In the course of time legal and political champions, in conjunction with a growing number of US States, favoured laws which barred slave-hunting, but in the interim legal inadequacy resulted in the unnecessary continuation of slave-holding. This publication is a fundamental reconsideration of the intertwining of American History and American Constitutional Law.

The Federalist Papers

The Federalist Papers PDF Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 455

Get Book

Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

The Rights of Man

The Rights of Man PDF Author: Thomas Paine
Publisher: Standard Ebooks
ISBN:
Category : Philosophy
Languages : en
Pages : 200

Get Book

Book Description
Thomas Paine wrote the first part of The Rights of Man in 1791 as a response to the furious attack on the French Revolution by the British parliamentarian Edmund Burke in his pamphlet Reflections on the Revolution in France, published the previous year. Paine carefully dissects and counters Burke’s arguments and provides a more accurate description of the events surrounding the revolution of 1789. He then reproduces and comments on the “Declaration of the Rights of Man and of Citizens” promulgated by the National Assembly of France. The manuscript of The Rights of Man was placed with the publisher Joseph Johnson, but that publisher was threatened with legal action by the British Government. Paine then gave the work to another publisher, J. S. Jordan, and on the advice of William Blake, Paine went to France to be out of the way of possible arrest in Britain. The Rights of Man was published in March 1791, and was an immediate success with the British public, selling nearly a million copies. A second part of the book, subtitled “Combining Principle and Practice,” was published in February 1792. It puts forward practical proposals for the establishment of republican government in countries like Britain. The Rights of Man had a major impact, leading to the establishment of a number of reform societies. After the publication of the second part of the book, Paine and his publisher were charged with seditious libel, and Paine was eventually forced to leave Britain and flee to France. Today The Rights of Man is considered a classic of political writing and philosophy. This book is part of the Standard Ebooks project, which produces free public domain ebooks.

Our Documents

Our Documents PDF Author: The National Archives
Publisher: Oxford University Press
ISBN: 0198042272
Category : History
Languages : en
Pages : 257

Get Book

Book Description
Our Documents is a collection of 100 documents that the staff of the National Archives has judged most important to the development of the United States. The entry for each document includes a short introduction, a facsimile, and a transcript of the document. Backmatter includes further reading, credits, and index. The book is part of the much larger Our Documents initiative sponsored by the National Archives and Records Administration (NARA), National History Day, the Corporation for National and Community Service, and the USA Freedom Corps.

1791 in Law

1791 in Law PDF Author: Myrtice Johnston
Publisher:
ISBN: 9781477434710
Category : Mathematics
Languages : en
Pages : 84

Get Book

Book Description
What's so special about First Amendment To The United States Constitution?In this new, compelling book from author Myrtice Johnston, find out more about First Amendment To The United States Constitution ...The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.Originally, the First Amendment applied only to laws enacted by the Congress. However, starting with Gitlow v. New York, the Supreme Court has applied the First Amendment to each state. This was done through the Due Process Clause of the Fourteenth Amendment. The Court has also recognized a series of exceptions to provisions protecting the freedom of speech.So, what seperates this book from the rest?A comprehensive narrative of First Amendment To The United States Constitution, this book gives a full understanding of the subject.A brief guide of subject areas covered in "1791 In Law - First Amendment To The United States Constitution" include -- First Amendment to the United States Constitution- Anti-Federalism- Establishment Clause- Free Exercise Clause- Freedom of speech in the United States- United States free speech exceptions- Campaign finance reform- Free speech zone- Right to pornography- United States defamation law- Freedom of the press in the United StatesAnd much, much more ...Find out more of this subject, it's intricacies and it's nuances. Discover more about it's importance. Develop a level of understanding required to comprehend this fascinating concept.Author Myrtice Johnston has worked hard researching and compiling this fundamental work, and is proud to bring you "1791 In Law - First Amendment To The United States Constitution" ...Read this book today ...

1791 in Law

1791 in Law PDF Author: Myrtice Johnston
Publisher:
ISBN: 9781477434727
Category : Mathematics
Languages : en
Pages : 42

Get Book

Book Description
What's so special about United States Bill Of Rights?In this new, compelling book from author Myrtice Johnston, find out more about United States Bill Of Rights ...The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and reserve some powers to the states and the public. While originally the amendments applied only to the federal government, most of their provisions have since been held to apply to the states by way of the Fourteenth Amendment.The amendments were introduced by James Madison to the 1st United States Congress as a series of legislative articles. They were adopted by the House of Representatives on August 21, 1789, formally proposed by joint resolution of Congress on September 25, 1789, and came into effect as Constitutional Amendments on December 15, 1791, through the process of ratification by three-fourths of the States. While twelve amendments were passed by Congress, only ten were originally passed by the states. Of the remaining two, one was adopted as the Twenty-seventh Amendment and the other technically remains pending before the states.Originally, the Bill of Rights legally protected only land-owning white men, excluding African Americans and women. However, these limitations were not explicit in the Bill of Right's text. It took additional Constitutional Amendments and numerous Supreme Court cases to extend the same rights to all U.S. citizens.The Bill of Rights plays a key role in American law and government, and remains a vital symbol of the freedoms and culture of the nation. One of the first fourteen copies of the Bill of Rights is on public display at the National Archives in Washington, D.C.So, what seperates this book from the rest?A comprehensive narrative of United States Bill Of Rights, this book gives a full understanding of the subject.A brief guide of subject areas covered in "1791 In Law - United States Bill Of Rights" include -- United States Bill of Rights- Virginia Declaration of Rights- Anti-Federalism- Anti-Federalist Papers- Incorporation of the Bill of RightsFind out more of this subject, it's intricacies and it's nuances. Discover more about it's importance. Develop a level of understanding required to comprehend this fascinating concept.Author Myrtice Johnston has worked hard researching and compiling this fundamental work, and is proud to bring you "1791 In Law - United States Bill Of Rights" ...Read this book today ...

Sovereignty, International Law, and the French Revolution

Sovereignty, International Law, and the French Revolution PDF Author: Edward James Kolla
Publisher: Cambridge University Press
ISBN: 1107179548
Category : History
Languages : en
Pages : 353

Get Book

Book Description
This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.

An Introduction to the Study of the Law of the Constitution

An Introduction to the Study of the Law of the Constitution PDF Author: A.V. Dicey
Publisher: Springer
ISBN: 134917968X
Category : Social Science
Languages : en
Pages : 729

Get Book

Book Description
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Constitution

Constitution PDF Author: United States
Publisher:
ISBN:
Category :
Languages : en
Pages : 66

Get Book

Book Description


1791 in Law

1791 in Law PDF Author: Myrtice Johnston
Publisher:
ISBN: 9781477434949
Category : Mathematics
Languages : en
Pages : 42

Get Book

Book Description
What's so special about Fifth Amendment To The United States Constitution?In this new, compelling book from author Myrtice Johnston, find out more about Fifth Amendment To The United States Constitution ...The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to Magna Carta in 1215. For instance, grand juries and the phrase due process both trace their origin to Magna Carta.So, what seperates this book from the rest?A comprehensive narrative of Fifth Amendment To The United States Constitution, this book gives a full understanding of the subject.A brief guide of subject areas covered in "1791 In Law - Fifth Amendment To The United States Constitution" include -- Fifth Amendment to the United States Constitution- Double Jeopardy Clause- Due Process Clause- Eminent domainFind out more of this subject, it's intricacies and it's nuances. Discover more about it's importance. Develop a level of understanding required to comprehend this fascinating concept.Author Myrtice Johnston has worked hard researching and compiling this fundamental work, and is proud to bring you "1791 In Law - Fifth Amendment To The United States Constitution" ...Read this book today ...