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Author: John D. Gordan
Publisher: Lawbook Exchange, Limited
ISBN: 9781616193928
Category : Fugitive slaves
Languages : en
Pages : 0
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Book Description
Relying on extensive surviving original records, this book analyzes the November 1851 trial in the federal circuit court of Robert Morris, the second black admitted to practice in Massachusetts, for rescuing a fugitive slave from the custody of the U.S. marshal in the federal courtroom in Boston. It demonstrates that Justice Benjamin Robbins Curtis, a supporter of Daniel Webster and the Fugitive Slave Act of 1850 presiding under a recess appointment, made two critical rulings against Morris that were at odds with existing precedents. Finally, the book contextualizes Morris's trial among the other trials for this rescue, the prosecutions for the attempt to rescue Anthony Burns, another fugitive slave, in 1854, and the Supreme Court's decision in Dred Scott in 1857. "This 'small' book packs a large wallop. Gordan navigates the complexities of trial advocacy and trial procedure with unexcelled mastery. His analysis of the complex legal issues, including the power of the jury to rule on questions of law as well as fact, is persuasive. Gordan also throws a revisionist light on some of the major players - like John P. Hale who emerges from the wings as the real leader of the abolitionist bar; and Benjamin R. Curtis, whose manipulation of the law in the Morris trial illuminates his famous dissent in Dred Scott v. Sandford. A gem of a book." --R. Kent Newmyer, University of Connecticut School of Law "A wonderfully detailed exposition of the fugitive slave rescue trial of Robert Morris, John Gordan's work unearths a wealth of material about the events, the people, and the legal acumen of the lawyers and judges involved. It will enable scholars to evaluate a question central to our judicial system: What is the proper division of authority between judge and jury? The information contained in Gordan's book provides a much-needed historically accurate basis from which to answer that question." -- Maeva Marcus, Director, Institute for Constitutional History, The New-York Historical Society, and Research Professor of Law, The George Washington University Law School "John Gordan's extraordinary sleuthing of documents and sources and keen insights provide a highly readable and intriguing account of the slave rescue trial of Robert Morris in 1851. The book reveals new insights about Benjamin Robbins Curtis, presiding as Circuit Justice, and sheds important new light on the differing views of the rule of law and jury nullification in 19th century America." --Christian G. Fritz, Henry Weihofen Chair in Law and Professor of Law, University of New Mexico John D. Gordan, III, a graduate of Harvard College and Harvard Law School, clerked for the Honorable Inzer B. Wyatt, U.S. District Judge (S.D.N.Y.), from 1969 to 1971 and served as an Assistant U.S. Attorney (S.D.N.Y.) from 1971 to 1976. He was in private practice in New York City from 1976 to 2011.
Author: John D. Gordan
Publisher: Lawbook Exchange, Limited
ISBN: 9781616193928
Category : Fugitive slaves
Languages : en
Pages : 0
Get Book Here
Book Description
Relying on extensive surviving original records, this book analyzes the November 1851 trial in the federal circuit court of Robert Morris, the second black admitted to practice in Massachusetts, for rescuing a fugitive slave from the custody of the U.S. marshal in the federal courtroom in Boston. It demonstrates that Justice Benjamin Robbins Curtis, a supporter of Daniel Webster and the Fugitive Slave Act of 1850 presiding under a recess appointment, made two critical rulings against Morris that were at odds with existing precedents. Finally, the book contextualizes Morris's trial among the other trials for this rescue, the prosecutions for the attempt to rescue Anthony Burns, another fugitive slave, in 1854, and the Supreme Court's decision in Dred Scott in 1857. "This 'small' book packs a large wallop. Gordan navigates the complexities of trial advocacy and trial procedure with unexcelled mastery. His analysis of the complex legal issues, including the power of the jury to rule on questions of law as well as fact, is persuasive. Gordan also throws a revisionist light on some of the major players - like John P. Hale who emerges from the wings as the real leader of the abolitionist bar; and Benjamin R. Curtis, whose manipulation of the law in the Morris trial illuminates his famous dissent in Dred Scott v. Sandford. A gem of a book." --R. Kent Newmyer, University of Connecticut School of Law "A wonderfully detailed exposition of the fugitive slave rescue trial of Robert Morris, John Gordan's work unearths a wealth of material about the events, the people, and the legal acumen of the lawyers and judges involved. It will enable scholars to evaluate a question central to our judicial system: What is the proper division of authority between judge and jury? The information contained in Gordan's book provides a much-needed historically accurate basis from which to answer that question." -- Maeva Marcus, Director, Institute for Constitutional History, The New-York Historical Society, and Research Professor of Law, The George Washington University Law School "John Gordan's extraordinary sleuthing of documents and sources and keen insights provide a highly readable and intriguing account of the slave rescue trial of Robert Morris in 1851. The book reveals new insights about Benjamin Robbins Curtis, presiding as Circuit Justice, and sheds important new light on the differing views of the rule of law and jury nullification in 19th century America." --Christian G. Fritz, Henry Weihofen Chair in Law and Professor of Law, University of New Mexico John D. Gordan, III, a graduate of Harvard College and Harvard Law School, clerked for the Honorable Inzer B. Wyatt, U.S. District Judge (S.D.N.Y.), from 1969 to 1971 and served as an Assistant U.S. Attorney (S.D.N.Y.) from 1971 to 1976. He was in private practice in New York City from 1976 to 2011.
Author: Gary Collison
Publisher: Harvard University Press
ISBN: 0674029798
Category : History
Languages : en
Pages : 306
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Book Description
On February 15, 1851, Shadrach Minkins was serving breakfast at a coffeehouse in Boston when history caught up with him. The first runaway to be arrested in New England under the 1850 Fugitive Slave Law, this illiterate Black man from Virginia found himself the catalyst of one of the most dramatic episodes of rebellion and legal wrangling before the Civil War. In a remarkable effort of historical sleuthing, Gary Collison has recovered the true story of Shadrach Minkins’ life and times and perilous flight. His book restores an extraordinary chapter to our collective history and at the same time offers a rare and engrossing picture of the life of an ordinary Black man in nineteenth-century North America. As Minkins’ journey from slavery to freedom unfolds, we see what day-to-day life was like for a slave in Norfolk, Virginia, for a fugitive in Boston, and for a free Black man in Montreal. Collison recreates the drama of Minkins’s arrest and his subsequent rescue by a band of Black Bostonians, who spirited the fugitive to freedom in Canada. He shows us Boston’s Black community, moved to panic and action by the Fugitive Slave Law, and the previously unknown community established in Montreal by Minkins and other refugee Blacks from the United States. And behind the scenes, orchestrating events from the disastrous Compromise of 1850 through the arrest of Minkins and the trial of his rescuers, is Daniel Webster, who through the exigencies of his dimming political career, took the role of villain. Webster is just one of the familiar figures in this tale of an ordinary man in extraordinary circumstances. Others, such as Frederick Douglass, Richard Henry Dana, Jr., Harriet Jacobs, and Harriet Beecher Stowe (who made use of Minkins’s Montreal community in Uncle Tom’s Cabin), also appear throughout the narrative. Minkins’ intriguing story stands as a fascinating commentary on the nation’s troubled times—on urban slavery and Boston abolitionism, on the Underground Railroad, and on one of the federal government’s last desperate attempts to hold the Union together.
Author: Jeffrey L. Amestoy
Publisher: Harvard University Press
ISBN: 0674088190
Category : Biography & Autobiography
Languages : en
Pages : 398
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Book Description
In 1834 Harvard dropout Richard Henry Dana Jr. became a common seaman, and soon his Two Years Before the Mast became a classic. Literary acclaim did not erase the young lawyer’s memory of floggings he witnessed aboard ship or undermine his vow to combat injustice. Jeffrey Amestoy tells the story of Dana’s determination to keep that vow.
Author: Robert H. Churchill
Publisher: Cambridge University Press
ISBN: 1108489125
Category : History
Languages : en
Pages : 271
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Book Description
A new interpretation of the Underground Railroad that places violence at the center of the story.
Author: Alison L LaCroix
Publisher: Yale University Press
ISBN: 0300223218
Category : History
Languages : en
Pages : 573
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Book Description
A synthesis of legal, political, and social history to show how the post-founding generations were forced to rethink and substantially revise the U.S. constitutional vision Between 1815 and 1861, American constitutional law and politics underwent a profound transformation. These decades of the Interbellum Constitution were a foundational period of both constitutional crisis and creativity. The Interbellum Constitution was a set of widely shared legal and political principles, combined with a thoroughgoing commitment to investing those principles with meaning through debate. Each of these shared principles--commerce, concurrent power, and jurisdictional multiplicity--concerned what we now call "federalism," meaning that they pertain to the relationships among multiple levels of government with varying degrees of autonomy. Alison L. LaCroix argues, however, that there existed many more federalisms in the early nineteenth century than today's constitutional debates admit. As LaCroix shows, this was a period of intense rethinking of the very basis of the U.S. national model--a problem debated everywhere, from newspapers and statehouses to local pubs and pulpits, ultimately leading both to civil war and to a new, more unified constitutional vision. This book is the first that synthesizes the legal, political, and social history of the early nineteenth century to show how deeply these constitutional questions dominated the discourse of the time.
Author: Charles Emery Stevens
Publisher:
ISBN:
Category : African Americans
Languages : en
Pages : 316
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Book Description
Author: American Anti-Slavery Society
Publisher: BookRix
ISBN: 3730989669
Category : Political Science
Languages : en
Pages : 137
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Book Description
The Fugitive Slave Law was enacted by Congress in September, 1850, received the signature of HOWELL COBB, [of Georgia,] as Speaker of the House of Representatives, of WILLIAM R. KING, [of Alabama,] as President of the Senate, and was "approved," September 18th, of that year, by MILLARD FILLMORE, Acting President of the United States. The authorship of the Bill is generally ascribed to James M. Mason, Senator from Virginia. Before proceeding to the principal object of this tract, it is proper to give a synopsis of the Act itself, which was well called, by the New York Evening Post, "An Act for the Encouragement of Kidnapping." It is in ten sections.
Author: Earl M. Maltz
Publisher:
ISBN:
Category : History
Languages : en
Pages : 192
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Book Description
Chronicles the case of a runaway slave who was tracked to Boston by his owner. Compellingly details the struggle over his fate and how that became a focal point for national controversy. Reveals how the case became one of the most dramatic and widely publicized events in the long-running conflict over the issue of fugitive slaves.
Author: Richard Henry Dana (Jr.)
Publisher:
ISBN:
Category : Fugitive slaves
Languages : en
Pages : 558
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Book Description
Author: Richard Henry Dana (Jr.)
Publisher:
ISBN:
Category : Fugitive slaves
Languages : en
Pages : 560
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Book Description