Free Men All: The Personal Liberty Laws of the North, 1780-1861
The Lawbook Exchange, Ltd., 2001 - 253 pagina's
Examines the Impact of the Idealism of the Personal Liberty Laws of Pennsylvania, New York, Massachusetts, Ohio and Wisconsin The Personal Liberty Laws reflected the social ethical commitment to freedom from slavery and as such were among the bricks that laid the foundation for the Fourteenth Amendment. Morris examines those statutes as enacted in the five representative states Pennsylvania, New York, Massachusetts, Ohio and Wisconsin, and argues that these laws were an alternative to the violence allowed by the southern slave codes and the extreme abolitionist viewpoints of the north. Thomas D. Morris [1938-] taught in the Department of History, Portland State University and is the author of Southern Slavery and the Law, 1619-1860. CONTENTS I. Slavery and Emancipation: the Rise of Conflicting Legal Systems II. Kidnapping and Fugitives: Early State and Federal Responses III. State "Interposition" 1820-1830: Pennsylvania and New York IV. Assaults Upon the Personal Liberty Laws V. The Antislavery Counterattack VI. The Personal Liberty Laws in the Supreme Court: Prigg v. Pennsylvania VII. The Pursuit of a Containment Policy, 1842-1850 VII. The Fugitive Slave Law of 1850 IX. Positive Law, Higher Law, and the Via Media X. Interposition, 1854-1858 XI. Habeas Corpus and Total Repudiation 1859-1860 XII. Denouement Appendix Bibliography Index
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1st sess abolitionists adopted alleged fugitive amendment American American Anti-Slavery Society Anti-Slavery Society antikidnapping antislavery bill Booth Boston Charles Francis Adams Charles Sumner citizens claim claimant Cloth Committee Commonwealth compromise Congress Constitution debate decision declared Democratic February federal law free blacks freedom fugitive slave clause Fugitive Slave Law guaranteed habeas corpus Historical Society History homine replegiando House Journal Ibid ISBN issue James January John judicial judiciary jurisdiction jury trial Justice kidnapping Lawbook Exchange LCCN legislation legislature March Mason-Dixon line Massachusetts Meredith Negro obligation Ohio passed Penn Personal Liberty Laws petition Philadelphia Prigg proslavery protect repeal Report Reprint available Reprinted 1999 Reprinted 2000 resolutions right of recaption runaways secure seized seizure Senate Document Senate Journal slave owners slaveholders slavery South southern tion trial by jury U.S. Supreme Court unconstitutional Union United vols Whig William Wisconsin writ de homine writ of habeas York
Pagina 16 - There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted : Provided always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her labor or service as aforesaid.
Pagina 43 - But the opinion which gives to the judges the right to decide what laws are constitutional, and what not, not only for themselves in their own sphere of action, but for the legislature and executive also, in their spheres, would make the judiciary a despotic branch.
Pagina 115 - We wage no war, we lift no arm, we fling no torch within The fire-damps of the quaking mine beneath your soil of sin; We leave ye with your bondmen, to wrestle, while ye can, With the strong upward tendencies and godlike soul of man...
Pagina 285 - Stimson, Frederic Jesup. Glossary of Technical Terms, Phrases, and Maxims of the Common Law. Boston: Little, Brown, and Company, 1881. iv, 305pp. Reprinted 1999 by The Lawbook Exchange, Ltd. ISBN 1-886363-70-6. Cloth.
Pagina 15 - Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings, of the courts and magistrates of every other State.
Pagina 270 - THE ARYAN HOUSEHOLD : its Structure and its Development. An Introduction to Comparative Jurisprudence.
Pagina 180 - That the several states who formed that instrument being sovereign and independent, have the unquestionable right to judge of the infraction ; and, That a Nullification by those sovereignties, of all unauthorized acts done under color of that instrument is the rightful remedy...
Pagina 284 - The Doctor and Student or Dialogues Between a Doctor of Divinity and a Student in the Laws of England...
Pagina 59 - But as it is, we have the wolf by the ears, and we can neither hold him, nor safely let him go. Justice is in one scale, and self-preservation in the other.