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"Judge Campbell's career was, in many respects, unique and illustrated his capacity to render important service under unprecedented conditions."--Preface.
Conner, Henry G. John Archibald Campbell: Associate Justice of the Supreme Court 1853-1861. Boston: Houghton Mifflin Company, 1920. viii, 310 pp. Reprint available October 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-445-2. Cloth. $85. * An Alabama attorney raised in Georgia, Campbell [1811-1889] was appointed to the court by Franklin Pierce. He resigned in 1861 to join the Confederacy, eventually serving as its Assistant Secretary of War. He became a successful attorney in New Orleans during Reconstruction and his eminence brought him before the Supreme Court many times. In the Slaughterhouse Cases (1873) he argued that the Due Process Clause of the Fourteenth Amendment prohibited state encroachment on economic liberty. Although his argument failed in a 5-to-4 decision, the court reversed itself twenty years later. "An excellent piece of biographical and historical work.": Dictionary of American Biography 4:352.
The first full biography of the southern U.S. Supreme Court justice who championed both the U.S. Constitution and states’ rights The life of John Archibald Campbell reflects nearly every major development of 19th-century American history. He participated either directly or indirectly in events ranging from the Indian removal process of the 1830s, to sectionalism and the Civil War, to Reconstruction and redemption. Although not a defender of slavery, he feared that abrupt abolition would produce severe economic and social dislocation. He urged southerners to reform their labor system and to prepare for the eventual abolition of slavery. In the early 1850s he proposed a series of reforms to strengthen slave families and to educate the slaves to prepare them for assimilation into society as productive citizens. These views distinguished him from many southerners who steadfastly maintained the sanctity of the peculiar institution. Born and schooled in Georgia, Campbell moved to Montgomery, Alabama, in the early 1830s, where he joined a successful law practice. He served in the Alabama legislature for a brief period and then moved with his family to Mobile to establish a law practice. In 1853 Campbell was appointed an associate justice of the U.S. Supreme Court. His concurring opinion in the Dred Scott case in 1857 derived not from the standpoint of protecting slavery but from an attempt to return political power to the states. As the sectional crisis gathered heat, Campbell counseled moderation. He became widely detested in the North because of his defense of states’ rights, and he was distrusted in the South because of his moderate views on slavery and secession. In May 1861 Campbell resigned from the Court and later became the Confederacy's assistant secretary of war. After the war, Campbell moved his law practice to New Orleans. Upon his death in 1889, memorial speakers in Washington, D.C., and New Orleans recognized him as one of the nation's most gifted lawyers and praised his vast learning and mastery of both the common law and the civil law. In this first full biography of Campbell, Robert Saunders, Jr., reveals the prevalence of anti-secession views prior to the Civil War and covers both the judicial aspects and the political history of this crucial period in southern history.
WINNER OF THE ANNE B. & JAMES B. MCMILLAN PRIZE IN SOUTHERN HISTORY Examines the legacies of eight momentous US Supreme Court decisions that have their origins in Alabama legal disputes Unknown to many, Alabama has played a remarkable role in a number of Supreme Court rulings that continue to touch the lives of every American. In Alabama Justice: The Cases and Faces That Changed a Nation, Steven P. Brown has identified eight landmark cases that deal with religion, voting rights, libel, gender discrimination, and other issues, all originating from legal disputes in Alabama. Written in a concise and accessible manner, each case law chapter begins with the circumstances that created the dispute. Brown then provides historical and constitutional background for the issue followed by a review of the path of litigation. Excerpts from the Court’s ruling in the case are also presented, along with a brief account of the aftermath and significance of the decision. The First Amendment (New York Times v. Sullivan), racial redistricting (Gomillion v. Lightfoot), the Equal Protection Clause of the Fourteenth Amendment (Frontiero v. Richardson), and prayer in public schools (Wallace v. Jaffree) are among the pivotal issues stamped indelibly by disputes with their origins in Alabama legal, political, and cultural landscapes. By examining such landmark twentieth-century milestones and eras such as the Scottsboro Boys trial, the Civil Rights movement, and the fight for women’s rights through a legal lens, Brown sheds new and unexpected light on the ways that events in Alabama have shaped the nation. In addition to his analysis of cases, Brown discusses the three associate Supreme Court justices from Alabama to the Supreme Court: John McKinley, John Archibald Campbell, and Hugo Black. Their cumulative influence on constitutional interpretation, the institution of the Court, and the day-to-day rights and liberties enjoyed by every American is impossible to measure. A closing chapter examines the careers and contributions of these three Alabamians.
Provides a penetrating analysis of US Supreme Court justice John McKinley Steven P. Brown rescues from obscurity John McKinley, one of the three Alabama justices, along with John Archibald Campbell and Hugo Black, who have served on the US Supreme Court. A native Kentuckian who moved in 1819 to northern Alabama as a land speculator and lawyer, McKinley was elected to the state legislature three times and became first a senator and then a representative in the US Congress before being elevated to the Supreme Court in 1837. He spent his first five years on the court presiding over the newly created Ninth Circuit, which covered Alabama, Arkansas, Louisiana, and Mississippi. His was not only the newest circuit, encompassing a region that, because of its recent settlement, included a huge number of legal claims related to property, but it was also the largest, the furthest from Washington, DC, and by far the most difficult to traverse. While this is a thorough biography of McKinley’s life, it also details early Alabama state politics and provides one of the most exhaustive accounts available of the internal workings of the antebellum Supreme Court and the very real challenges that accompanied the now-abandoned practice of circuit riding. In providing the first in depth assessment of the life and Supreme Court career of Justice John McKinley, Brown has given us a compelling portrait of a man active in the leading financial, legal, and political circles of his day.
The interplay of roles of the Marquess of Argyll--as clan chief, Scottish magnate, and influential British statesman--make him a worthy counterpoint to Oliver Cromwell. This well-researched history reviews Argyll's formative influence in shaping British frontier policy from 1607 through 1638 and his radical, financially creative, and highly partial leadership of the Covenanting Movement in Scotland, 1638-1645. Reappraising his trial and execution as a scapegoat for reputedly collaborating with Cromwell and the regicides who executed Charles I in the 1650s, this record rehabilitates Argyll's reputation as a Covenanting hero rather than a Covenanting villain. It will appeal to those interested in clanship, civil war, and British state formation.
Now with a new epilogue-- an unprecedented and unwavering history of the Supreme Court showing how its decisions have consistently favored the moneyed and powerful. Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale. In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution's promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren't for several unpredictable events, Brown v. Board of Education could have gone the other way. In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people's elected representatives, and has bent the arc of American history away from justice.