In The Shadow Of Dred Scott
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In the Shadow of Dred Scott
Author: Kelly M. Kennington
language: en
Publisher: University of Georgia Press
Release Date: 2017-04-15
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.
Revolutions and Reconstructions
Author: Van Gosse
language: en
Publisher: University of Pennsylvania Press
Release Date: 2020-08-28
Revolutions and Reconstructions gathers historians of the early republic, the Civil War era, and African American and political history to consider not whether black people participated in the politics of the nineteenth century but how, when, and with what lasting effects. Collectively, its authors insist that historians go beyond questioning how revolutionary the American Revolution was, or whether Reconstruction failed, and focus, instead, on how political change initiated by African Americans and their allies constituted the rule in nineteenth-century American politics, not occasional and cataclysmic exceptions. The essays in this groundbreaking collection cover the full range of political activity by black northerners after the Revolution, from cultural politics to widespread voting, within a political system shaped by the rising power of slaveholders. Conceptualizing a new black politics, contributors observe, requires reorienting American politics away from black/white and North/South polarities and toward a new focus on migration and local or state structures. Other essays focus on the middle decades of the nineteenth century and demonstrate that free black politics, not merely the politics of slavery, was a disruptive and consequential force in American political development. From the perspective of the contributors to this volume, formal black politics did not begin in 1865, or with agitation by abolitionists like Frederick Douglass in the 1840s, but rather in the Revolutionary era's antislavery and citizenship activism. As these essays show, revolution, emancipation, and Reconstruction are not separate eras in U.S. history, but rather linked and ongoing processes that began in the 1770s and continued through the nineteenth century. Contributors: Christopher James Bonner, Kellie Carter Jackson, Andrew Diemer, Laura F. Edwards, Van Gosse, Sarah L. H. Gronningsater, M. Scott Heerman, Dale Kretz, Padraig Riley, Samantha Seeley, James M. Shinn Jr., David Waldstreicher.
Origins of the Dred Scott Case
Author: Austin Allen
language: en
Publisher: University of Georgia Press
Release Date: 2006
The Supreme Court's 1857 Dred Scott decision denied citizenship to African Americans and enabled slavery's westward expansion. It has long stood as a grievous instance of justice perverted by sectional politics. Austin Allen finds that the outcome of Dred Scott hinged not on a single issue-slavery-but on a web of assumptions, agendas, and commitments held collectively and individually by Chief Justice Roger B. Taney and his colleagues. By showing us the political, professional, ideological, and institutional contexts in which the Taney Court worked, Allen reveals that Dred Scott was not simply a victory for the court's prosouthern faction. It was instead an outgrowth of Jacksonian jurisprudence, an intellectual system that charged the court with protecting slavery, preserving both federal power and state sovereignty, promoting economic development, and securing the legal foundations of an emerging corporate order-all at the same time.