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Author: Kelly M. Kennington
Publisher: University of Georgia Press
ISBN: 0820350850
Category : History
Languages : en
Pages : 311
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Book Description
The Dred Scott suit for freedom, argues Kelly M. Kennington, was merely the most famous example of a phenomenon that was more widespread in antebellum American jurisprudence than is generally recognized. The author draws on the case files of more than three hundred enslaved individuals who, like Dred Scott and his family, sued for freedom in the local legal arena of St. Louis. Her findings open new perspectives on the legal culture of slavery and the negotiated processes involved in freedom suits. As a gateway to the American West, a major port on both the Mississippi and Missouri Rivers, and a focal point in the rancorous national debate over slavery’s expansion, St. Louis was an ideal place for enslaved individuals to challenge the legal systems and, by extension, the social systems that held them in forced servitude. Kennington offers an in-depth look at how daily interactions, webs of relationships, and arguments presented in court shaped and reshaped legal debates and public attitudes over slavery and freedom in St. Louis. Kennington also surveys more than eight hundred state supreme court freedom suits from around the United States to situate the St. Louis example in a broader context. Although white enslavers dominated the antebellum legal system in St. Louis and throughout the slaveholding states, that fact did not mean that the system ignored the concerns of the subordinated groups who made up the bulk of the American population. By looking at a particular example of one group’s encounters with the law—and placing these suits into conversation with similar encounters that arose in appellate cases nationwide—Kennington sheds light on the ways in which the law responded to the demands of a variety of actors.
Author: Kelly M. Kennington
Publisher: University of Georgia Press
ISBN: 0820350850
Category : History
Languages : en
Pages : 311
Get Book Here
Book Description
The Dred Scott suit for freedom, argues Kelly M. Kennington, was merely the most famous example of a phenomenon that was more widespread in antebellum American jurisprudence than is generally recognized. The author draws on the case files of more than three hundred enslaved individuals who, like Dred Scott and his family, sued for freedom in the local legal arena of St. Louis. Her findings open new perspectives on the legal culture of slavery and the negotiated processes involved in freedom suits. As a gateway to the American West, a major port on both the Mississippi and Missouri Rivers, and a focal point in the rancorous national debate over slavery’s expansion, St. Louis was an ideal place for enslaved individuals to challenge the legal systems and, by extension, the social systems that held them in forced servitude. Kennington offers an in-depth look at how daily interactions, webs of relationships, and arguments presented in court shaped and reshaped legal debates and public attitudes over slavery and freedom in St. Louis. Kennington also surveys more than eight hundred state supreme court freedom suits from around the United States to situate the St. Louis example in a broader context. Although white enslavers dominated the antebellum legal system in St. Louis and throughout the slaveholding states, that fact did not mean that the system ignored the concerns of the subordinated groups who made up the bulk of the American population. By looking at a particular example of one group’s encounters with the law—and placing these suits into conversation with similar encounters that arose in appellate cases nationwide—Kennington sheds light on the ways in which the law responded to the demands of a variety of actors.
Author: Anne Twitty
Publisher: Cambridge University Press
ISBN: 1107112060
Category : Biography & Autobiography
Languages : en
Pages : 301
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Book Description
An analysis of slave and slaveholder understanding and manipulation of formal legal systems in the region known as the American Confluence during the antebellum era.
Author: Austin Allen
Publisher: University of Georgia Press
ISBN: 0820326534
Category : Law
Languages : en
Pages : 288
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Book Description
The Supreme Court's 1857 Dred Scott decision denied citizenship to African Americans and enabled slavery's westward expansion. It has long stood as a grievous instance of justice perverted by sectional politics. Austin Allen finds that the outcome of Dred Scott hinged not on a single issue-slavery-but on a web of assumptions, agendas, and commitments held collectively and individually by Chief Justice Roger B. Taney and his colleagues. By showing us the political, professional, ideological, and institutional contexts in which the Taney Court worked, Allen reveals that Dred Scott was not simply a victory for the court's prosouthern faction. It was instead an outgrowth of Jacksonian jurisprudence, an intellectual system that charged the court with protecting slavery, preserving both federal power and state sovereignty, promoting economic development, and securing the legal foundations of an emerging corporate order-all at the same time.
Author: Paul Finkelman
Publisher: Harvard University Press
ISBN: 0674982088
Category : Law
Languages : en
Pages : 301
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Book Description
The three most important Supreme Court Justices before the Civil War—Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story—upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life. Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime—a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks. Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life.
Author: Melissa Lambert Milewski
Publisher: Oxford University Press
ISBN: 0190249188
Category : History
Languages : en
Pages : 361
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Book Description
In a largely previously untold story, from 1865 to 1950, black litigants throughout the South took on white southerners in civil suits. Drawing on almost a thousand cases, Milewski shows how African Americans negotiated the southern legal system and won suits against whites after the Civil War and before the Civil Rights struggle.
Author: Earl M. Maltz
Publisher:
ISBN:
Category : History
Languages : en
Pages : 200
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Book Description
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: Stephen Aron
Publisher: Indiana University Press
ISBN: 9780253346919
Category : History
Languages : en
Pages : 342
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Book Description
A bold new history of Missouri--the region where the American West begins.
Author: David Head (Historian)
Publisher: University of Georgia Press
ISBN: 0820344001
Category : History
Languages : en
Pages : 222
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Book Description
Head examines raids on Spanish shipping conducted from the United States during the early 1800s. Because privateering further complicated international dealings during the already tumultuous Age of Revolution, this study offers a new perspective on the diplomatic and Atlantic history of the early American republic.
Author: Roger Brooke Taney
Publisher: Legare Street Press
ISBN: 9781017251265
Category : History
Languages : en
Pages : 0
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Book Description
The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.
Author: Diane Mutti Burke
Publisher: University of Georgia Press
ISBN: 0820337366
Category : History
Languages : en
Pages : 432
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Book Description
On Slavery’s Border is a bottom-up examination of how slavery and slaveholding were influenced by both the geography and the scale of the slaveholding enterprise. Missouri’s strategic access to important waterways made it a key site at the periphery of the Atlantic world. By the time of statehood in 1821, people were moving there in large numbers, especially from the upper South, hoping to replicate the slave society they’d left behind. Diane Mutti Burke focuses on the Missouri counties located along the Mississippi and Missouri rivers to investigate small-scale slavery at the level of the household and neighborhood. She examines such topics as small slaveholders’ child-rearing and fiscal strategies, the economics of slavery, relations between slaves and owners, the challenges faced by slave families, sociability among enslaved and free Missourians within rural neighborhoods, and the disintegration of slavery during the Civil War. Mutti Burke argues that economic and social factors gave Missouri slavery an especially intimate quality. Owners directly oversaw their slaves and lived in close proximity with them, sometimes in the same building. White Missourians believed this made for a milder version of bondage. Some slaves, who expressed fear of being sold further south, seemed to agree. Mutti Burke reveals, however, that while small slaveholding created some advantages for slaves, it also made them more vulnerable to abuse and interference in their personal lives. In a region with easy access to the free states, the perception that slavery was threatened spawned white anxiety, which frequently led to violent reassertions of supremacy.
