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Southern Slaves in Free State Courts: The Pamphlet Literature. New York: Garland, 1988. 3 Vols. 1,704 pp. With a New Introduction by Paul Finkelman. Reprinted 2007, 2013 by The Lawbook Exchange, Ltd. Set ISBN-13: 9781584777380. Set ISBN-10:1584777389. Hardcover. New. 34 Pamphlets reprinted in fascimile, in 3 volumes, with a New Introduction by Paul Finkelman: 1. Francis Hargrave. An Argument in the Case of James Sommersett aNegro, Lately Determined by the Court of King's Bench: Wherein it is Attempted to Demonstrate the Present Unlawfulness of Domestic Slavery in England. To Which is Prefixed a State of the Case. London, 1772. 82pp. 2. Edward Long. Candid Reflections Upon the Judgement Lately Awarded by the Court of King's Bench, in Westminster-Hall, on What is Commonly Called the Negro Cause, by a Planter. London, 1772. 76 pp. 3. Britannia Libera, or a Defence of the Free State of Man in England, Against the Claim of Any Man There as a Slave. London, 1772. 47 pp. 4. Samuel Estwick. Considerations on the Negro Cause Commonly so Called, Addressed to the Right Honorable Lord Mansfield. London, 1763. [96] pp. 5. A Letter to Philo Africanus, Upon Slavery; In Answer to His of the 22nd of November, in the General Evening Post, Together With the Opinions of Sir John Strange, and Other Eminent Lawyers Upon This Subject, With the Sentence of Lord Mansfield, in the Case of Somerset and Knowles, 1772, With His Lordship's Explanation of That Opinion in 1786. London, 1788. 40 pp. 6. John Haggard. The Judgment of the Right Hon. Lord Stowell, Respecting the Slavery of the Mongrel Woman, Grace, On An Appeal From The Vice-Admirality Court of Antigua. London, 1827. [50] pp. 7. Considerations on Certain Remarks on the Negro Slavery and Abolition Questions, in Lord Stowell's Judgment in the Case of the Slave "Grace." By a Briton. Newcastle, 1827. 18 pp. 8. Case of the Slave-Child Med. Report of the Arguments of Counsel and of the Opinion of the Court, in the Case of Commonwealth vs. Aves;Tried and Determined in the Supreme Judicial Court of Massachusetts. Boston, 1836. 40 pp. Please contact us for a complete list of titles contained in these three volumes. Originally published as a part of the series Slavery, Race, and the American Legal System, 1700-1872, this set contains facsimiles of 34 rare pamphlets relating to court cases involving the status of slaves in non-slave jurisdictions, including Somerset v. Stewart (1772) and Dred Scott v. Sandford (1857). As in the companion set Fugitive Slaves and American Courts, some pamphlets were part of the public debate over judicial decisions. Others used a case to promote the antislavery cause or, in some instances, support or justify slavery.
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.
The landmark U.S. Supreme Court decision Dred Scott v. Sandford, in which the slave Dred Scott was denied freedom for himself and his family, raised the ire of abolitionists and set the scene for the impending conflict between the northern and southern states. While most people have heard of the Dred Scott Decision, few know anything about the case's namesake. In this meticulously researched and carefully crafted biography of Dred Scott, his wife, Harriet, and their daughters, Eliza and Lizzie, award-winning children's book author Gwenyth Swain brings to life a family's struggle to become free. Beginning with Dred's childhood on a Virginia plantation and later travel with his masters to Alabama, Missouri, Illinois, and the territory that would become Minnesota, this "family biography" vividly depicts slave life in the early and mid-nineteenth century. At Fort Snelling, near St. Paul, Dred met and married Harriet, and together they traveled with their master to Florida and then Missouri, finally settling in St. Louis, where the Scotts were hired out for wages. There they began marshalling evidence to be used in their freedom suit, first submitted in 1846. Their case moved through local and state courts, finally reaching the U.S. Supreme Court in 1857. But the Court's decision did not grant them the freedom they craved. Instead, it brought northern and southern states one step closer to the Civil War. How did one family's dream of freedom become a cause of the Civil War? And how did that family finally leave behind the bonds of slavery? In Dred and Harriet Scott: A Family's Struggle for Freedom, Swain looks at the Dred Scott Decision in a new and remarkably personal way. By following the story of the Scotts and their children, Swain crafts a unique biography of the people behind the famous court case. In the process, she makes the family's journey through the court system and the ultimate decision of the Supreme Court understandable for readers of all ages. She also explores the power of family ties and the challenges Dred and Harriet faced as they sought to see their children live free.
In an examination of Southern slave law between 1810 and 1860, Mark Tushnet reveals a structured dichotomy between slave labor systems and bourgeois systems of production. Whereas the former rest on the total dominion of the master over the slave and necessitate a concern for the slave's humanity, the latter rest of the purchase by the capitalist of a worker's labor power only and are concerned primarily with economic interest. Focusing on a wide range of issues that include contract and accident law as well as criminal law and the law of manumission, he shows how Southern slave law had to respond to the competing pressures of humanity and interest. Beginning with a critical evaluation of slave law, the author develops the conceptual framework for his own perspective on the legal system, drawing on the works of Marx and Weber. He then examines four appellate court cases decided in three different states, from civil-law Louisiana to commonlaw North Carolina, at widely separated times, from 1818 to 1858. Professor Tushnet finds that the cases display a continuing but never wholly successful attempt at distinguish between law and sentiment as modes of regulating social interactions involving slaves. Also, the cases show that the primary method of accommodating law and sentiment was an attempt to use rigid categories to confine the law of slavery to what was thought its proper sphere. Mark Tushnet is Professor of Law at the University of Wisconsin. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Winner of the Francis Butler Simkins Award for 1995 and the 1994 General L. Kemper Williams Prize In what may be the most impressive research to date of state supreme court records, this study analyzes the evolution of Loui siana’s slave laws from the territorial period to the Civil War. Schafer presents numerous concise case his tories, stories that are fascinating and at times heartbreaking in the particulars they reveal about slaves’ existence. Anyone interested in slavery will find Schafer’s work riveting reading, for it depicts in detail, probably better than most fictional or narrative accounts, what living in bondage could mean.
A Pulitzer Prize-winning history of the mistreatment of black Americans. In this 'precise and eloquent work' - as described in its Pulitzer Prize citation - Douglas A. Blackmon brings to light one of the most shameful chapters in American history - an 'Age of Neoslavery' that thrived in the aftermath of the Civil War through the dawn of World War II. Using a vast record of original documents and personal narratives, Blackmon unearths the lost stories of slaves and their descendants who journeyed into freedom after the Emancipation Proclamation and then back into the shadow of involuntary servitude thereafter. By turns moving, sobering and shocking, this unprecedented account reveals these stories, the companies that profited the most from neoslavery, and the insidious legacy of racism that reverberates today.
Tying together legal, historical, social, political and literary strands to show how the law itself was implicated in the persistence of slavery, this work sheds new light on slavery and Southern history, as it probes the conscience of a troubled jurist incapable of fully transcending his times.
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.
The story of the longest and most complex legal challenge to slavery in American history For over seventy years and five generations, the enslaved families of Prince George’s County, Maryland, filed hundreds of suits for their freedom against a powerful circle of slaveholders, taking their cause all the way to the Supreme Court. Between 1787 and 1861, these lawsuits challenged the legitimacy of slavery in American law and put slavery on trial in the nation’s capital. Piecing together evidence once dismissed in court and buried in the archives, William Thomas tells an intricate and intensely human story of the enslaved families (the Butlers, Queens, Mahoneys, and others), their lawyers (among them a young Francis Scott Key), and the slaveholders who fought to defend slavery, beginning with the Jesuit priests who held some of the largest plantations in the nation and founded a college at Georgetown. A Question of Freedom asks us to reckon with the moral problem of slavery and its legacies in the present day.
The three most important Supreme Court Justices before the Civil War—Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story—upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life. Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime—a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks. Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life.