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Author: Salmon Portland Chase
Publisher:
ISBN:
Category : Fugitive slave law of 1793
Languages : en
Pages : 120
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Author: Salmon Portland Chase
Publisher:
ISBN:
Category : Fugitive slave law of 1793
Languages : en
Pages : 120
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Book Description
Author: Mark A. Graber
Publisher: Cambridge University Press
ISBN: 9781139457071
Category : History
Languages : en
Pages : 300
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Book Description
Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.
Author: Steven Lubet
Publisher: Harvard University Press
ISBN: 0674059468
Category : History
Languages : en
Pages : 378
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During the tumultuous decade before the Civil War, no issue was more divisive than the pursuit and return of fugitive slaves—a practice enforced under the Fugitive Slave Act of 1850. When free Blacks and their abolitionist allies intervened, prosecutions and trials inevitably followed. These cases involved high legal, political, and—most of all—human drama, with runaways desperate for freedom, their defenders seeking recourse to a “higher law” and normally fair-minded judges (even some opposed to slavery) considering the disposition of human beings as property. Fugitive Justice tells the stories of three of the most dramatic fugitive slave trials of the 1850s, bringing to vivid life the determination of the fugitives, the radical tactics of their rescuers, the brutal doggedness of the slavehunters, and the tortuous response of the federal courts. These cases underscore the crucial role that runaway slaves played in building the tensions that led to the Civil War, and they show us how “civil disobedience” developed as a legal defense. As they unfold we can also see how such trials—whether of rescuers or of the slaves themselves—helped build the northern anti-slavery movement, even as they pushed southern firebrands closer to secession. How could something so evil be treated so routinely by just men? The answer says much about how deeply the institution of slavery had penetrated American life even in free states. Fugitive Justice powerfully illuminates this painful episode in American history, and its role in the nation’s inexorable march to war.
Author: United States. Attorney-General
Publisher:
ISBN:
Category : Attorneys general's opinions
Languages : en
Pages : 786
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 944
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Author: United States. Department of Justice
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 784
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Author: Stewart L. Winger
Publisher: University Press of Kansas
ISBN: 070062936X
Category : Political Science
Languages : en
Pages : 386
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At the very end of the Civil War, a military court convicted Lambdin P. Milligan and his coconspirators in Indiana of fomenting a general insurrection and sentenced them to hang. On appeal, in Ex parte Milligan the US Supreme Court sided with the conspirators, ruling that it was unconstitutional to try American citizens in military tribunals when civilian courts were open and functioning—as they were in Indiana. Far from being a relic of the Civil War, the landmark 1866 decision has surprising relevance in our day, as this volume makes clear. Cited in four Supreme Court decisions arising from the wars in Afghanistan and Iraq, Ex parte Milligan speaks to constitutional questions raised by the war on terror; but more than that, the authors of Ex parte Milligan Reconsidered contend, the case affords an opportunity to reevaluate the history of wartime civil liberties from the Civil War era to our own. After the Civil War, critics of Reconstruction pointed to Milligan as an example of the Republican Party’s abuse of federal power; even historians sympathetic to Lincoln have found it necessary to apologize for his administration’s record on civil liberties during the Civil War. However, the authors of this volume argue that this distorts the nineteenth-century understanding of the Bill of Rights, neglects international law entirely, and, equally striking, ignores the experience of African Americans. In reviving Milligan, the Supreme Court has implicitly cast Reconstruction as a “war on terror” in which terrorist insurgencies threatened and eventually halted the assertion of black freedom by the Republican Party, the Union Army, and African Americans themselves. Returning African Americans to the center of the story, and recognizing that Lincoln and Republicans were often forced to restrict white civil liberties in order to establish black civil rights and liberties, Ex parte Milligan Reconsidered suggests an entirely different account of wartime civil liberties, one with profound implications for US racial history and constitutional law in today’s war on terror.
Author: Charles Emery Stevens
Publisher:
ISBN:
Category : African Americans
Languages : en
Pages : 316
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Author: Matthew Salafia
Publisher: University of Pennsylvania Press
ISBN: 0812208668
Category : History
Languages : en
Pages : 329
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In 1787, the Northwest Ordinance made the Ohio River the dividing line between slavery and freedom in the West, yet in 1861, when the Civil War tore the nation apart, the region failed to split at this seam. In Slavery's Borderland, historian Matthew Salafia shows how the river was both a physical boundary and a unifying economic and cultural force that muddied the distinction between southern and northern forms of labor and politics. Countering the tendency to emphasize differences between slave and free states, Salafia argues that these systems of labor were not so much separated by a river as much as they evolved along a continuum shaped by life along a river. In this borderland region, where both free and enslaved residents regularly crossed the physical divide between Ohio, Indiana, and Kentucky, slavery and free labor shared as many similarities as differences. As the conflict between North and South intensified, regional commonality transcended political differences. Enslaved and free African Americans came to reject the legitimacy of the river border even as they were unable to escape its influence. In contrast, the majority of white residents on both sides remained firmly committed to maintaining the river border because they believed it best protected their freedom. Thus, when war broke out, Kentucky did not secede with the Confederacy; rather, the river became the seam that held the region together. By focusing on the Ohio River as an artery of commerce and movement, Salafia draws the northern and southern banks of the river into the same narrative and sheds light on constructions of labor, economy, and race on the eve of the Civil War.
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 970
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