Enforcing Slavery
Related Secondary Sources
Fugitive Slave Act
- Fugitive Slave Act of 1850 - Oxford African American Studies CenterFrom off campus, first log into the Oxford African American Studies Center then follow the link above.
Fugitive Justice by
During the tumultuous decade before the Civil War, no issue was more divisive than the pursuit and return of fugitive slavesâe"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, andâe"most of allâe"human drama, with runaways desperate for freedom, their defenders seeking recourse to a âeoehigher lawâe#157; 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 âeoecivil disobedienceâe#157; developed as a legal defense. As they unfold we can also see how such trialsâe"whether of rescuers or of the slaves themselvesâe"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 nationâe(tm)s inexorable march to war.
Call Number: Online ResourceISBN: 9780674047044Publication Date: 2010-11-08
The Rescue of Joshua Glover by
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.
Call Number: Online ResourceISBN: 9780821442142Publication Date: 2009-06-01
Scott v. Sandford
Origins of the Dred Scott Case by
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. Allen carefully tracks arguments made by Taney Court justices in more than 1,600 reported cases in the two decades prior to Dred Scott and in its immediate aftermath. 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. Here is a wealth of new insight into the internal dynamics of the Taney Court and the origins of its most infamous decision.
Call Number: Online ResourceISBN: 9780820328423Publication Date: 2006-05-01
Series on Law, Society, and Politics in the Midwest by
In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, "Dred Scott v. Sandford" raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation.The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation's leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision, which held that African Americans "had no rights" under the Constitution and that Congress had no authority to alter that, galvanized Americans and thrust the issue of race and law to the center of American politics. This collection of essays revisits the history of the case and its aftermath in American life and law. In a final section, the present-day justices of the Missouri Supreme Court offer their reflections on the process of judging and provide perspective on the misdeeds of their nineteenth-century predecessors who denied the Scotts their freedom.Contributors: Austin Allen, Adam Arenson, John Baugh, Hon. Duane Benton, Christopher Alan Bracey, Alfred L. Brophy, Paul Finkelman, Louis Gerteis, Mark Graber, Daniel W. Hamilton, Cecil J. Hunt II, David Thomas Konig, Leland Ware, Hon. Michael A. Wolff
Call Number: Online ResourceISBN: 9780821443286Publication Date: 2010-01-01
Mrs. Dred Scott by
Among the most infamous U.S. Supreme Court decisions is Dred Scott v. Sandford. Despite the case's signal importance as a turning point in America's history, the lives of the slave litigants have receded to the margins of the record, as conventional accounts have focused on the case's judges and lawyers. In telling the life of Harriet, Dred's wife and co-litigant in the case, this book provides a compensatory history to the generations of work that missed key sources only recently brought to light. Moreover, it gives insight into the reasons and ways that slaves used the courts to establish their freedom. A remarkable piece of historical detective work, Mrs. Dred Scott chronicles Harriet's life from her adolescence on the 1830s Minnesota-Wisconsin frontier, to slavery-era St. Louis, through the eleven years of legal wrangling that ended with the high court's notorious decision. The book not only recovers her story, but also reveals that Harriet may well have been the lynchpin in this pivotal episode in American legal history. Reconstructing Harriet Scott's life through innovative readings of journals, military records, court dockets, and even frontier store ledgers, VanderVelde offers a stunningly detailed account that is at once a rich portrait of slave life, an engrossing legal drama, and a provocative reassessment of a central event in U.S. constitutional history. More than a biography, the book is a deep social history that freshly illuminates some of the major issues confronting antebellum America, including the status of women, slaves, Free Blacks, and Native Americans.
Call Number: Online ResourceISBN: 9780195366563Publication Date: 2009-02-17
Constitutional Law Stories, 2d by Call Number: Westlaw Study Aids SubscriptionISBN: 9781599411699Publication Date: 2009-07-08Chapter 5 The Story of Dred Scott: Originalism’s Forgotten Past by Christopher L. Eisgruber page 155
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