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Author: Kelly M. Kennington Publisher: University of Georgia Press ISBN: 0820350850 Category : History Languages : en Pages : 310
Book Description
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 M. Kennington Publisher: University of Georgia Press ISBN: 0820350850 Category : History Languages : en Pages : 310
Book Description
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: 0820345520 Category : Enslaved persons Languages : en Pages : 311
Book Description
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: 1107112060 Category : History Languages : en Pages : 301
Book Description
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: 0190249188 Category : History Languages : en Pages : 361
Book Description
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: Mark A. Graber Publisher: Oxford University Press ISBN: 0190245239 Category : Law Languages : en Pages : 307
Book Description
A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution, ? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.
Author: Paul Finkelman Publisher: Harvard University Press ISBN: 0674051211 Category : Law Languages : en Pages : 301
Book Description
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: Loren Schweninger Publisher: Oxford University Press ISBN: 0190664290 Category : History Languages : en Pages : 472
Book Description
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: Roger Brooke Taney Publisher: Legare Street Press ISBN: 9781017251265 Category : History Languages : en Pages : 0
Book Description
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: Diane Mutti Burke Publisher: University of Georgia Press ISBN: 0820337366 Category : History Languages : en Pages : 432
Book Description
On Slavery’s Border is a bottom-up examination of how slavery and slaveholding were influenced by both the geography and the scale of the slaveholding enterprise. Missouri’s strategic access to important waterways made it a key site at the periphery of the Atlantic world. By the time of statehood in 1821, people were moving there in large numbers, especially from the upper South, hoping to replicate the slave society they’d left behind. Diane Mutti Burke focuses on the Missouri counties located along the Mississippi and Missouri rivers to investigate small-scale slavery at the level of the household and neighborhood. She examines such topics as small slaveholders’ child-rearing and fiscal strategies, the economics of slavery, relations between slaves and owners, the challenges faced by slave families, sociability among enslaved and free Missourians within rural neighborhoods, and the disintegration of slavery during the Civil War. Mutti Burke argues that economic and social factors gave Missouri slavery an especially intimate quality. Owners directly oversaw their slaves and lived in close proximity with them, sometimes in the same building. White Missourians believed this made for a milder version of bondage. Some slaves, who expressed fear of being sold further south, seemed to agree. Mutti Burke reveals, however, that while small slaveholding created some advantages for slaves, it also made them more vulnerable to abuse and interference in their personal lives. In a region with easy access to the free states, the perception that slavery was threatened spawned white anxiety, which frequently led to violent reassertions of supremacy.
Author: Robert J. Cottrol Publisher: University of Georgia Press ISBN: 0820344761 Category : Law Languages : en Pages : 388
Book Description
Students of American history know of the law’s critical role in systematizing a racial hierarchy in the United States. Showing that this history is best appreciated in a comparative perspective, The Long, Lingering Shadow looks at the parallel legal histories of race relations in the United States, Brazil, and Spanish America. Robert J. Cottrol takes the reader on a journey from the origins of New World slavery in colonial Latin America to current debates and litigation over affirmative action in Brazil and the United States, as well as contemporary struggles against racial discrimination and Afro-Latin invisibility in the Spanish-speaking nations of the hemisphere. Ranging across such topics as slavery, emancipation, scientific racism, immigration policies, racial classifications, and legal processes, Cottrol unravels a complex odyssey. By the eve of the Civil War, the U.S. slave system was rooted in a legal and cultural foundation of racial exclusion unmatched in the Western Hemisphere. That system’s legacy was later echoed in Jim Crow, the practice of legally mandated segregation. Jim Crow in turn caused leading Latin Americans to regard their nations as models of racial equality because their laws did not mandate racial discrimination— a belief that masked very real patterns of racism throughout the Americas. And yet, Cottrol says, if the United States has had a history of more-rigid racial exclusion, since the Second World War it has also had a more thorough civil rights revolution, with significant legal victories over racial discrimination. Cottrol explores this remarkable transformation and shows how it is now inspiring civil rights activists throughout the Americas.
Author: Kelly M. Kennington
Author: Kelly M. Kennington
Author: Kelly Marie Kennington
Author: Anne Twitty
Author: Melissa Milewski
Author: Mark A. Graber
Author: Paul Finkelman
Author: Loren Schweninger
Author: Roger Brooke Taney
Author: Diane Mutti Burke
Author: Robert J. Cottrol