The War Before the War

The War Before the War PDF

Author: Andrew Delbanco

Publisher: Penguin

Published: 2019-11-05

Total Pages: 482

ISBN-13: 0735224137

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A New York Times Notable Book Selection Winner of the Mark Lynton History Prize Winner of the Anisfield-Wolf Book Award Winner of the Lionel Trilling Book Award A New York Times Critics' Best Book "Excellent... stunning."—Ta-Nehisi Coates This book tells the story of America’s original sin—slavery—through politics, law, literature, and above all, through the eyes of enslavedblack people who risked their lives to flee from bondage, thereby forcing the nation to confront the truth about itself. The struggle over slavery divided not only the American nation but also the hearts and minds of individual citizens faced with the timeless problem of when to submit to unjust laws and when to resist. The War Before the War illuminates what brought us to war with ourselves and the terrible legacies of slavery that are with us still.

The Captive's Quest for Freedom

The Captive's Quest for Freedom PDF

Author: R. J. M. Blackett

Publisher: Cambridge University Press

Published: 2018-01-25

Total Pages: 531

ISBN-13: 1108418716

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Examines the impact fugitive slaves had on the Fugitive Slave Law and the coming of the American Civil War.

The Fugitive Slave Act of 1850

The Fugitive Slave Act of 1850 PDF

Author: Charles River Charles River Editors

Publisher: Createspace Independent Publishing Platform

Published: 2018-02-13

Total Pages: 104

ISBN-13: 9781985383814

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*Includes pictures *Includes stories about the fugitive slave law and accounts about it *Includes online resources and a bibliography for further reading Despite the attempt to settle America's slavery issue with the Missouri Compromise in 1820, the young nation kept pushing further westward, and with that more territory was acquired. After the Mexican-American War ended in 1848, the sectional crisis was brewing like never before, with California and the newly-acquired Mexican territory now ready to be organized into states. The country was once again left trying to figure out how to do it without offsetting the slave-free state balance that was already dividing the nation. With the new territory acquired in the Mexican-American War, pro and anti-slavery groups were at an impasse. The Whig Party, including a freshman Congressman named Abraham Lincoln, supported the Wilmot Proviso, which would have banned slavery in all territory acquired from Mexico, but the slave states would have none of it. Even after Texas was annexed as a slave state, the enormous new territory would doubtless contain many other new states, and the North hoped to limit slavery as much as possible in the new territories. The Compromise of 1850 was authored by the legendary Whig politician Henry Clay. In addition to admitting California to the Union as a free state to balance with Texas, it allowed Utah and New Mexico to decide the issue of slavery on the basis of what became known as "popular sovereignty," which meant the settlers could vote on whether their state should be a free state or slave state. Though a Whig proposed popular sovereignty in 1850, popular sovereignty as an idea would come to be championed by and associated with Democratic Illinois Senator Stephen Douglas. The Compromise also abolished the slave trade - though not the existence of slavery itself - in Washington, D.C. The Whigs commended the Compromise, thinking it was a moderate, pragmatic proposal that did not decidedly extend the existence of slavery and put slow and steady limits on it. Furthermore, it made the preservation of the Union the top priority. However, even though it added a new free state, many in the North were upset that the Compromise also included a new Fugitive Slave Act, which gave slaveholders increased powers to recapture slaves who had fled to free states by providing that a slave found in a free state could be ordered captured by police or federal marshals and returned to the slaveholder without any trial or due process whatsoever. In addition, no process was provided for the accused escaped slave to prove that he was actually free. This outraged most Northerners, who saw it as an unconstitutional infringement on the rights of their states and the rights of the individual accused of being an escaped slave. It also raised the specter of southern slave owners extending grip over the law enforcement of Northern states. Some states even refused to comply. In Wisconsin, a rioting anti-slavery crowd freed an escaped slave who had been recaptured by federal marshals. When the leader of the riot was imprisoned, the Wisconsin Supreme Court held the Fugitive Slave Act unconstitutional. When the U.S. Supreme Court overturned that decision, the Wisconsin Legislature simply refused to comply with the Fugitive Slave Act or enforce it. Similarly, other Northern states passed laws restricting the ability of federal marshals or bounty hunters to recapture escaped slaves, and they also made it illegal for state officials to help recapture escaped slaves or use state jails for that purpose. . As fate would have it, the refusal of Northern states to strictly apply the new fugitive slave law would be explicitly cited in several of the Southern states' articles of secession in late 1860 and early 1861. In that regard, the Fugitive Slave Act ended up being one of the main tipping points that finally split the nation in two.

The Slave Catchers

The Slave Catchers PDF

Author: Stanley W. Campbell

Publisher: UNC Press Books

Published: 2012-12-01

Total Pages: 247

ISBN-13: 1469610078

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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.

Making Freedom

Making Freedom PDF

Author: R. J. M. Blackett

Publisher: UNC Press Books

Published: 2013-09-30

Total Pages: 137

ISBN-13: 1469608782

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The 1850 Fugitive Slave Law, which mandated action to aid in the recovery of runaway slaves and denied fugitives legal rights if they were apprehended, quickly became a focal point in the debate over the future of slavery and the nature of the union. In Making Freedom, R. J. M. Blackett uses the experiences of escaped slaves and those who aided them to explore the inner workings of the Underground Railroad and the enforcement of the Fugitive Slave Law, while shedding light on the political effects of slave escape in southern states, border states, and the North. Blackett highlights the lives of those who escaped, the impact of the fugitive slave cases, and the extent to which slaves planning to escape were aided by free blacks, fellow slaves, and outsiders who went south to entice them to escape. Using these stories of particular individuals, moments, and communities, Blackett shows how slave flight shaped national politics as the South witnessed slavery beginning to collapse and the North experienced a threat to its freedom.

The Princeton Fugitive Slave

The Princeton Fugitive Slave PDF

Author: Lolita Buckner Inniss

Publisher: Fordham Univ Press

Published: 2019-09-03

Total Pages: 261

ISBN-13: 0823285359

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A study of the life of a Maryland slave, his escape to freedom in New Jersey, and the trials that ensued. James Collins Johnson made his name by escaping slavery in Maryland and fleeing to Princeton, New Jersey, where he built a life in a bustling community of African Americans working at what is now Princeton University. After only four years, he was recognized by a student from Maryland, arrested, and subjected to a trial for extradition under the 1793 Fugitive Slave Act. On the eve of his rendition, after attempts to free Johnson by force had failed, a local aristocratic white woman purchased Johnson’s freedom, allowing him to avoid re-enslavement. The Princeton Fugitive Slave reconstructs James Collins Johnson’s life, from birth and enslaved life in Maryland to his daring escape, sensational trial for re-enslavement, and last-minute change of fortune, and through to the end of his life in Princeton, where he remained a figure of local fascination. Stories of Johnson’s life in Princeton often describe him as a contented, jovial soul, beloved on campus and memorialized on his gravestone as “The Students Friend.” But these familiar accounts come from student writings and sentimental recollections in alumni reports—stories from elite, predominantly white, often southern sources whose relationships with Johnson were hopelessly distorted by differences in race and social standing. In interrogating these stories against archival records, newspaper accounts, courtroom narratives, photographs, and family histories, author Lolita Buckner Inniss builds a picture of Johnson on his own terms, piecing together the sparse evidence and disaggregating him from the other black vendors with whom he was sometimes confused. By telling Johnson’s story and examining the relationship between antebellum Princeton’s Black residents and the economic engine that supported their community, the book questions the distinction between employment and servitude that shrinks and threatens to disappear when an individual’s freedom is circumscribed by immobility, lack of opportunity, and contingency on local interpretations of a hotly contested body of law. Praise for The Princeton Fugitive Slave “Fascinating historical detective work . . . Deeply researched, the book overturns any lingering idea that Princeton was a haven from the broader society. Johnson had to cope with the casual racism of students, occasional eruptions of racial violence in town and the ubiquitous use of the N-word by even the supposedly educated. This book contributes to our understanding of slavery’s legacy today.” —Shane White, author of Prince of Darkness: The Untold Story of Jeremiah G. Hamilton, Wall Street's First Black Millionaire “Collectively, Inniss’s work provides an exciting model for future scholars of slavery and labor. Perhaps most importantly, Inniss skillfully and compassionately restores Johnson's voice to his own historical narrative.” —G. Patrick O'Brien, H-Slavery

The US Constitution of 1791 and the Fugitive Slave Clause

The US Constitution of 1791 and the Fugitive Slave Clause PDF

Author: Norman Coles

Publisher: Liverpool University Press

Published: 2019-11-20

Total Pages: 154

ISBN-13: 1802071776

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The US Constitutions, both of 1788 and 1791, contain at Article IV (para 2, Section 3) a clause generally called The Fugitive Slave Clause. This Clause was held to make it legal to both recapture and return fugitive slaves to the states where they had lived or the owner, even if he or she resisted. The Clause was held to be constitutionally legal by lawyers and legal commentators. Even Lincoln as a lawyer thought the Clause was constitutionally legal, even though he thought slavery evil. Norman Coles presents arguments which show that the Clause has at least two (and possibly three) meanings. The Clause may not refer to slaves at all, when it is interpreted in accord with its actual phrasing rather than its intended meaning promoting the wishes of owners. Alvan Stewart, a renowned Abolitionist lawyer, argued that the Clause was inconsistent with that part of the 1791 US Constitution which is Amendment IV, reasoning premised on the definition of person, which applied to the two dated Constitutions; and with regard to the Fourth Amendment (1791) where slavery (unless a result of crime and jury trial) was illegal under US law. Stewarts arguments are about Constitutional principles, not the practical consequences of believing the Clause was law. Stewarts reasoning is penetrating; arguments relating to ambiguity and legal jargon are superseded by the logical consequence of the fact that if the Clause is about fugitive slaves, its legality rests on false assumptions. Herein lay the potential to avoid an historical tragedy. In the course of time legal and political champions, in conjunction with a growing number of US States, favoured laws which barred slave-hunting, but in the interim legal inadequacy resulted in the unnecessary continuation of slave-holding. This publication is a fundamental reconsideration of the intertwining of American History and American Constitutional Law.