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Fugitive Slaves and American Courts by Paul Finkelman Pdf
Reprinted from the series Slavery, Race and the American Legal System, 1700-1872, this set contains facsimiles of 56 rare pamphlets relating to court cases involving fugitive slaves. As in the companion set, Southern Slaves in Free State Courts, some pamphlets were part of the public debate over judicial decisions. Others used cases to promote the antislavery cause or, in some instances, support or justify slavery. "These...volumes belong in every library used for research, and in particular at all law school libraries. They will prove valuable to historians, lawyers, law teachers and students, and all persons interested in the problems of slavery and race in American experience.": William M. Wiecek, American Journal of Legal History 33 (1989) 187.
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.
The History of Fugitive Slaves (1619-1865) by Marion Gleason McDougall Pdf
Fugitive Slaves (1619-1865) is a historical record of legal cases tried against escaped slaves across the United States of America. The author, Marion McDougall, has drawn together and compared many cases found in obscure sources and made an effort to use the cases as illustrations of principles of how the legislature worked in certain places and certain eras. Her aim was, in some measure, to trace the development of public sentiment upon the subject, in order to prepare an outline of Colonial legislation and of the work of Congress during the covered period.
Winner, Joseph A. Andrews Award from the American Association of Law Libraries, 1986. Provides a detailed discussion and analysis of the pamphlet materials on the law of slavery published in the United States and Great Britain.
Author : R. J. M. Blackett Publisher : Cambridge University Press Page : 531 pages File Size : 49,8 Mb Release : 2018-01-25 Category : History ISBN : 9781108418713
Fugitive Slaves and the Unfinished American Revolution by Gordon S. Barker Pdf
This book posits that the American Revolution--waged to form a "more perfect union"--still raged long after the guns went silent. Eight major fugitive slave stories of the antebellum era are described and interpreted to demonstrate how fugitive slaves and their abolitionist allies embraced Patrick Henry's motto "Give me Liberty or Give me Death" and the principles enshrined in the Declaration of Independence. African Americans and white abolitionists seized upon these dramatic events to exhort citizens to complete the Revolution by extending liberty to all Americans. Casting fugitive slaves and their slave revolt leaders as heroic American Revolutionaries seeking freedom for themselves and their enslaved brethren, this book provides a broader interpretation of the American Revolution.
Pulitzer Prize-winning historian Eric Foner tells the story of how, between 1830 and 1860, three remarkable men from New York city - a journalist, a furniture polisher, and a black minister - led a secret network that helped no fewer than 3,000 fugitive slaves from the southern states of America to a new life of liberty in Canada.
In this thoroughly researched documentation of a historically controversial issue, the author considers the background, passage, and constitutionality of the Fugitive Slave Law. The author's relation of public opinion and the executive policy regarding the much disputed law will help the reader reach a decision as to whether the law was actually a success or failure, legally and socially. Originally published in 1970. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
The Legal Understanding of Slavery by Jean Allain Pdf
"Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised." So reads the legal definition of slavery agreed by the League of Nations in 1926. Further enshrined in law during international negotiations in 1956 and 1998, this definition has been interpreted in different ways by the international courts in the intervening years. What can be considered slavery? Should forced labour be considered slavery? Debt-bondage? Child soldiering? Or forced marriage? This book explores the limits of how slavery is understood in law. It shows how the definition of slavery in law and the contemporary understanding of slavery has continually evolved and continues to be contentious. It traces the evolution of concepts of slavery, from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including manifestations of forced labour and trafficking in persons, and considers how the 1926 definition can distinguish slavery from lesser servitudes. Together the contributors have put together a set of guidelines intended to clarify the law where slavery is concerned. The Bellagio-Harvard Guidelines on the Legal Parameters of Slavery, reproduced here for the first time, takes their shared understanding of both the past and present to project a consistent interpretation of the legal definition of slavery for the future.
Fugitive Slaves and Spaces of Freedom in North America by Damian Alan Pargas Pdf
This volume introduces a new way to study the experiences of runaway slaves by defining different “spaces of freedom” they inhabited. It also provides a groundbreaking continental view of fugitive slave migration, moving beyond the usual regional or national approaches to explore locations in Canada, the U.S. North and South, Mexico, and the Caribbean. Using newspapers, advertisements, and new demographic data, contributors show how events like the Revolutionary War and westward expansion shaped the slave experience. Contributors investigate sites of formal freedom, where slavery was abolished and refugees were legally free, to determine the extent to which fugitive slaves experienced freedom in places like Canada while still being subject to racism. In sites of semiformal freedom, as in the northern United States, fugitives’ claims to freedom were precarious because state abolition laws conflicted with federal fugitive slave laws. Contributors show how local committees strategized to interfere with the work of slave catchers to protect refugees. Sites of informal freedom were created within the slaveholding South, where runaways who felt relocating to distant destinations was too risky formed maroon communities or attempted to blend in with free black populations. These individuals procured false documents or changed their names to avoid detection and pass as free. The essays discuss slaves’ motivations for choosing these destinations, the social networks that supported their plans, what it was like to settle in their new societies, and how slave flight impacted broader debates about slavery. This volume redraws the map of escape and emancipation during this period, emphasizing the importance of place in defining the meaning and extent of freedom. Contributors: Kyle Ainsworth | Mekala Audain | Gordon S. Barker | Sylviane A. Diouf | Roy E. Finkenbine | Graham Russell Gao Hodges | Jeffrey R. Kerr-Ritchie | Viola Franziska Müller | James David Nichols | Damian Alan Pargas | Matthew Pinsker A volume in the series Southern Dissent, edited by Stanley Harrold and Randall M. Miller
Slavery and the Supreme Court, 1825–1861 by Earl M. Maltz Pdf
During America's turbulent antebellum era, the Supreme Court decided important cases—most famously Dred Scott—that spoke to sectional concerns and shaped the nation's response to the slavery question. Much scholarship has been devoted to individual cases and to the Taney Court, but this is the first comprehensive examination of the major slavery cases that came before the Court between 1825 and 1861. Earl Maltz presents a detailed analysis of all eight cases and explains how each fit into the slavery politics of its time, beginning with The Antelope, heard by the John Marshall Court, and continuing with the seven other cases taken before the Roger Taney Court: The Amistad, Groves v. Slaughter, Prigg v. Pennsylvania, Strader v. Graham, Dred Scott v. Sandford, Ableman v. Booth, and Kentucky v. Denison. Case by case, Maltz identifies the political and legal forces that shaped each of the judicial outcomes while clarifying the evolution of the Court's slavery-related jurisprudence. He reveals the beliefs of each justice about the morality of slavery and the judicial role in constitutional cases to show how their actions were determined by a complex interaction of political and doctrinal considerations. Thus he offers a more nuanced understanding of the antebellum federal judiciary, showing how the decision in Prigg hinged on views about federalism as well as attitudes toward human freedom, while the question of which slaves were freed in The Antelope depended more on complex fact-finding than on a condemnation of the slave trade. Maltz also challenges the view that the Taney Court simply mirrored Southern interests and argues that, despite Dred Scott, the overall record of the Court was not particularly proslavery. Although the progression of the Court's decisions reflects a change in the tenor of the conflict over slavery, the aftermath of those decisions illustrates the limits of the Court's ability to change the dynamic that governed political struggles over such divisive issues. As the first accessible account of all of these cases, Slavery and the Supreme Court, 1825–1861 underscores the Court's limited capability to resolve the intractable political conflicts that sharply divided our nation during this period.
"Excellent...stunning."—Ta-Nehisi Coates The devastating story of how fugitive slaves drove the nation to Civil War A New York Times Notable Book Selection * Winner of the Mark Lynton History Prize* Winner of the Anisfield-Wolf Book Award * A New York Times Critics' Best Book For decades after its founding, America was really two nations--one slave, one free. There were many reasons why this composite nation ultimately broke apart, but the fact that enslaved black people repeatedly risked their lives to flee their masters in the South in search of freedom in the North proved that the "united" states was actually a lie. Fugitive slaves exposed the contradiction between the myth that slavery was a benign institution and the reality that a nation based on the principle of human equality was in fact a prison-house in which millions of Americans had no rights at all. By awakening northerners to the true nature of slavery, and by enraging southerners who demanded the return of their human "property," fugitive slaves forced the nation to confront the truth about itself. By 1850, with America on the verge of collapse, Congress reached what it hoped was a solution-- the notorious Compromise of 1850, which required that fugitive slaves be returned to their masters. Like so many political compromises before and since, it was a deal by which white Americans tried to advance their interests at the expense of black Americans. Yet the Fugitive Slave Act, intended to preserve the Union, in fact set the nation on the path to civil war. It divided not only the American nation, but also the hearts and minds of Americans who struggled with the timeless problem of when to submit to an unjust law and when to resist. The fugitive slave story illuminates what brought us to war with ourselves and the terrible legacies of slavery that are with us still.
