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In Texas v. White (1869), the Supreme Court ruled that the unilateral secession of a state from the Union was unconstitutional because the Constitution created “an indestructible Union, composed of indestructible States.” The Court ruled “there was no place for reconsideration, or revocation, except through revolution, or through consent of the States.” In his iconoclastic work, Peter Radan demonstrates why the Court’s ruling was wrong and why, on the basis of American constitutional law in 1860–1861, the unilateral secessions of the Confederate states were lawful on the grounds that the United States was forged as a “slaveholders’ Union. Creating a More Perfect Slaveholders’ Union addresses two constitutional issues: first, whether the states in 1860 had a right to secede from the Union, and second, what significance slavery had in defining the constitutional Union. These two matters came together when the states seceded on the grounds that the system of government they had agreed to—namely, a system of human enslavement—had been violated by the incoming Republican administration. The legitimacy of this secession was anchored, as Radan demonstrates, in the compact theory of the Constitution, which held that because the Constitution was a compact between the member states of the Union, breaches of its fundamental provisions gave affected states the right to unilaterally secede from the Union. In so doing the Confederate states sought to preserve and protect their peculiar institution by forming a more perfect slaveholders’ Union. Creating a More Perfect Slaveholders’ Union stands as the first and only systematic analysis of the legal arguments mounted for and against secession in 1860–1861 and reshapes how we understand the Civil War and, consequently, the history of the United States more generally.
"In 1869, in Texas v White, the Supreme Court of the United States ruled that the unilateral secession of a state from the Union was unconstitutional because the Constitution created "an indestructible Union, composed of indestructible states." This meant that once a state became part of the Union, "[t]here was no place for reconsideration, or revocation, except through revolution, or through consent of the states." In this iconoclastic work, Peter Radan demonstrates why the court's ruling was wrong and why, on the basis of American constitutional law in 1860-1861, the unilateral secessions of the Confederate States were lawful on the grounds that the United States was forged as a "Slaveholders' Union." Creating a more perfect Slaveholders' Union deals with two constitutional issues: first, whether the states in 1860 had a right to secede from the Union, and second, what significance slavery had in defining the constitutional Union. The two matters came together when the states seceded on the grounds that the system of government the Confederate States had agreed to-namely, a system of human enslavement-had been violated by the incoming Republican administration. The legitimacy of this secession was anchored, as Radan shows, in the compact theory of the Constitution, which held that, because the Constitution was a compact between the member states of the Union, breaches of its fundamental provisions gave affected states the right to unilaterally secede from the Union. In so doing the Confederate States sought to preserve and protect their peculiar institution by forming a more perfect Slaveholders' Union"--
After its early introduction into the English colonies in North America, slavery in the United States lasted as a legal institution until the passage of the Thirteenth Amendment to the Constitution in 1865. But increasingly during the contested politics of the early republic, abolitionists cried out that the Constitution itself was a slaveowners’ document, produced to protect and further their rights. A Slaveholders’ Union furthers this unsettling claim by demonstrating once and for all that slavery was indeed an essential part of the foundation of the nascent republic. In this powerful book, George William Van Cleve demonstrates that the Constitution was pro-slavery in its politics, its economics, and its law. He convincingly shows that the Constitutional provisions protecting slavery were much more than mere “political” compromises—they were integral to the principles of the new nation. By the late 1780s, a majority of Americans wanted to create a strong federal republic that would be capable of expanding into a continental empire. In order for America to become an empire on such a scale, Van Cleve argues, the Southern states had to be willing partners in the endeavor, and the cost of their allegiance was the deliberate long-term protection of slavery by America’s leaders through the nation’s early expansion. Reconsidering the role played by the gradual abolition of slavery in the North, Van Cleve also shows that abolition there was much less progressive in its origins—and had much less influence on slavery’s expansion—than previously thought. Deftly interweaving historical and political analyses, A Slaveholders’ Union will likely become the definitive explanation of slavery’s persistence and growth—and of its influence on American constitutional development—from the Revolutionary War through the Missouri Compromise of 1821.
Race, from the beginning and more than any other element, has shaped America's institutions, its economics, politics, laws, social structures, and political attitudes. Congressman Jackson considers race to be the focal point of America through the language of the economy because "the economy is the hearing aid through which Americans hear all political dialogue." In this thought provoking work, Jackson provides ample documentation and insightful analysis of the inextricable link between race and economics. More important Jackson proposes a radical economic strategy and program of new human rights that would build A More Perfect Union for all Americans and put them in a better position to come to grips with this enduring American legacy.
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.
Reprint of the original, first published in 1876.
Henry Adams has been a neglected figure in recent years. The Education of Henry Adams is widely accepted as a classic of American letters, but his other work is little read except by specialists. His brilliant journalism is out of print, while Mont Saint Michel and Chartres and the novels Democracy and Esther receive little attention. Even the monumental History of the Administrations of Thomas Jefferson and James Madison, considered by some to be the greatest history written by any American, seems noticed only by scholars of that period. James P. Young, author of the highly regarded Reconsidering American Liberalism, seeks to revive interest in the thought of Adams by extracting core ideas from his writings concerning both American political development and the course of world history and then showing their relevance to the contemporary longing for a democratic revival. In this revisionist study, Young denies that Adams was a reactionary critic of democracy and instead contends that he was an idealistic, though often disappointed, advocate of representative government. Young focuses on Adams's belief that capitalist industrial development during the Gilded Age had debased American ideals and then turns to a careful study of Adams's famous contrast of the unity of medieval society with the fragmentation of modern technological society. Though fully aware of Adams's concerns about technology, Young rejects the idea that Adams was bitterly opposed to twentieth century developments in that field. He shows that though a liberal democrat with inclinations toward reform, Adams is much too sophisticated to be captured by any simple label.
In December 1848, a young enslaved couple named Ellen and William Craft traveled openly by rail, coach and steamship from Macon, Georgia, to Philadelphia, Pennsylvania. Ellen, who passed for white, disguised herself as a wealthy disabled man, with William as "his" slave. Woo follows their journey north, and in joining the abolitionist lecture circuit. When the new Fugitive Slave Law in 1850 put them at risk, they fled from the United States. Their very existence challenged the nation's core precepts of life, liberty, and justice for all. -- Adapted from jacket.
In its early years, the American Republic was far from stable. Conflict and violence, including major land wars, were defining features of the period from the Revolution to the outbreak of the Civil War, as struggles over who would control land and labor were waged across the North American continent. The World of the Revolutionary American Republic brings together original essays from an array of scholars to illuminate the issues that made this era so contested. Drawing on the latest research, the essays examine the conflicts that occurred both within the Republic and between the different peoples inhabiting the continent. Covering issues including slavery, westward expansion, the impact of Revolutionary ideals, and the economy, this collection provides a diverse range of insights into the turbulent era in which the United States emerged as a nation. With contributions from leading scholars in the field, both American and international, The World of the Revolutionary American Republic is an important resource for any scholar of early America.
Vols. 3-8, 3d ser., include the 16th-21st annual reports of the British and foreign anti-slavery society. The 22d-24th annual reports are appended to v. 9-11, 3d ser. Series 4 contains annual reports of the British and Foreign Anti-Slavery Society. Series 5 contains annual reports of the Anti-Slavery and Aborigines Protection Society.