In The Shadow Of Dred Scott

Author : Kelly M. Kennington
Publisher : University of Georgia Press
ISBN 13 : 0820350850
Total Pages : 310 pages
Book Rating : 4.51/5 ( download)

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Download or read book In the Shadow of Dred Scott written by Kelly M. Kennington and published by University of Georgia Press. This book was released on 2017-04-15 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Marie Kennington
Publisher : University of Georgia Press
ISBN 13 : 0820345520
Total Pages : 311 pages
Book Rating : 4.29/5 ( download)

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Download or read book In the Shadow of Dred Scott written by Kelly Marie Kennington and published by University of Georgia Press. This book was released on 2017 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 at-titudes 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 en-counters 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 13 : 1107112060
Total Pages : 301 pages
Book Rating : 4.63/5 ( download)

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Download or read book Before Dred Scott written by Anne Twitty and published by Cambridge University Press. This book was released on 2016-10-31 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Melissa Milewski
Publisher : Oxford University Press
ISBN 13 : 0190249188
Total Pages : 361 pages
Book Rating : 4.82/5 ( download)

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Download or read book Litigating Across the Color Line written by Melissa Milewski and published by Oxford University Press. This book was released on 2018 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Roger Brooke Taney
Publisher : Legare Street Press
ISBN 13 : 9781017251265
Total Pages : 0 pages
Book Rating : 4.66/5 ( download)

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Download or read book The Dred Scott Case written by Roger Brooke Taney and published by Legare Street Press. This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Earl M. Maltz
Publisher :
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.05/5 ( download)

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Download or read book Dred Scott and the Politics of Slavery written by Earl M. Maltz and published by . This book was released on 2007 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Paul Finkelman
Publisher : Harvard University Press
ISBN 13 : 0674051211
Total Pages : 301 pages
Book Rating : 4.18/5 ( download)

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Download or read book Supreme Injustice written by Paul Finkelman and published by Harvard University Press. This book was released on 2018-01-08 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: In ruling after ruling, the three most important pre–Civil War justices—Marshall, Taney, and Story—upheld slavery. Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the personal incentives that embedded racism ever deeper in American civic life.

Author : Stephen Aron
Publisher : Indiana University Press
ISBN 13 : 9780253346919
Total Pages : 342 pages
Book Rating : 4.16/5 ( download)

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Download or read book American Confluence written by Stephen Aron and published by Indiana University Press. This book was released on 2006 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bold new history of Missouri--the region where the American West begins.

Author : Loren Schweninger
Publisher : Oxford University Press
ISBN 13 : 0190664290
Total Pages : 472 pages
Book Rating : 4.99/5 ( download)

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Download or read book Appealing for Liberty written by Loren Schweninger and published by Oxford University Press. This book was released on 2018-09-03 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dred Scott and his landmark Supreme Court case are ingrained in the national memory, but he was just one of multitudes who appealed for their freedom in courtrooms across the country. Appealing for Liberty is the most comprehensive study to give voice to these African Americans, drawing from more than 2,000 suits and from the testimony of more than 4,000 plaintiffs from the Revolutionary era to the Civil War. Through the petitions, evidence, and testimony introduced in these court proceedings, the lives of the enslaved come sharply and poignantly into focus, as do many other aspects of southern society such as the efforts to preserve and re-unite black families. This book depicts in graphic terms, the pain, suffering, fears, and trepidations of the plaintiffs while discussing the legal systemlawyers, judges, juries, and testimonythat made judgments on their "causes," as the suits were often called. Arguments for freedom were diverse: slaves brought suits claiming they had been freed in wills and deeds, were born of free mothers, were descendants of free white women or Indian women; they charged that they were illegally imported to some states or were residents of the free states and territories. Those who testified on their behalf, usually against leaders of their communities, were generally white. So too were the lawyers who took these cases, many of them men of prominence, such as Francis Scott Key. More often than not, these men were slave owners themselves-- complicating our understanding of race relations in the antebellum period. A majority of the cases examined here were not appealed, nor did they create important judicial precedent. Indeed, most of the cases ended at the county, circuit, or district court level of various southern states. Yet the narratives of both those who gained their freedom and those who failed to do so, and the issues their suits raised, shed a bold and timely light on the history of race and liberty in the "land of the free."

Author : H. Robert Baker
Publisher : University Press of Kansas
ISBN 13 : 0700618651
Total Pages : 218 pages
Book Rating : 4.51/5 ( download)

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Download or read book Prigg v. Pennsylvania written by H. Robert Baker and published by University Press of Kansas. This book was released on 2012-10-03 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Margaret Morgan was born in freedom's shadow. Her parents were slaves of John Ashmore, a prosperous Maryland mill owner who freed many of his slaves in the last years of his life. Ashmore never laid claim to Margaret, who eventually married a free black man and moved to Pennsylvania. Then, John Ashmore's widow sent Edward Prigg to Pennsylvania to claim Margaret as a runaway. Prigg seized Margaret and her children-one of them born in Pennsylvania-and forcibly removed them to Maryland in violation of Pennsylvania law. In the ensuing uproar, Prigg was indicted for kidnapping under Pennsylvania's personal liberty law. Maryland, however, blocked his extradition, setting the stage for a remarkable Supreme Court case in 1842. In Prigg v. Pennsylvania, the Supreme Court considered more than just the fate of a single slavecatcher. The Court's majority struck down the free states' personal liberty laws and reaffirmed federal supremacy in determining the procedures for fugitive slave rendition. H. Robert Baker has written the first and only book-length treatment of this landmark case that became a pivot point for antebellum politics and law some fifteen years before Dred Scott. Baker addresses the Constitution's ambivalence regarding slavery and freedom. At issue were the reach of slaveholders' property rights into the free states, the rights of free blacks, and the relative powers of the federal and state governments. By announcing federal supremacy in regulating fugitive slave rendition, Prigg v. Pennsylvania was meant to bolster what slaveholders claimed as a constitutional right. But the decision cast into doubt the ability of free states to define freedom and to protect their free black populations from kidnapping. Baker's eye-opening account raises crucial questions about the place of slavery in the Constitution and the role of the courts in protecting it in antebellum America. More than that, it demonstrates how judges fashion conflicting constitutional interpretations from the same sources of law. Ultimately, it offers an instructive look at how constitutional interpretation that claims to be faithful to neutral legal principles and a definitive original meaning is nonetheless freighted with contemporary politics and morality. Prigg v. Pennsylvania is a sobering lesson for those concerned with today's controversial issues, as states seek to supplement and preempt federal immigration law or to overturn Roe v. Wade.