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In the Shadow of Dred Scott

In the Shadow of Dred Scott
Author: Kelly M. Kennington
Publisher: University of Georgia Press
Total Pages: 311
Release: 2017-04-15
Genre: History
ISBN: 0820350850

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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.


Before Dred Scott

Before Dred Scott
Author: Anne Twitty
Publisher: Cambridge University Press
Total Pages: 301
Release: 2016-10-31
Genre: History
ISBN: 131698270X

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Before Dred Scott draws on the freedom suits filed in the St Louis Circuit Court to construct a groundbreaking history of slavery and legal culture within the American Confluence, a vast region where the Ohio, Mississippi, and Missouri Rivers converge. Formally divided between slave and free territories and states, the American Confluence was nevertheless a site where the borders between slavery and freedom, like the borders within the region itself, were fluid. Such ambiguity produced a radical indeterminacy of status, which, in turn, gave rise to a distinctive legal culture made manifest by the prosecution of hundreds of freedom suits, including the case that ultimately culminated in the landmark United States Supreme Court decision in Dred Scott vs Sandford. Challenging dominant trends in legal history, Before Dred Scott argues that this distinctive legal culture, above all, was defined by ordinary people's remarkable understanding of and appreciation for formal law.


Inventing American Exceptionalism

Inventing American Exceptionalism
Author: Amalia D. Kessler
Publisher: Yale University Press
Total Pages: 462
Release: 2017-01-01
Genre: History
ISBN: 0300198078

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Cover -- Half-title -- Title -- Copyright -- Acknowledgments -- Introduction -- Chapter 1. The "Natural Elevation" of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity -- Chapter 2. A Troubled Inheritance: The English Procedural Tradition and Its Lawyer- Driven Reconfiguration in Early Nineteenth-Century New York -- Chapter 3. The Non-Revolutionary Field Code: Democratization, Docket Pressures, and Codification -- Chapter 4. Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity's Quasi-Inquisitorial Tradition -- Chapter 5. Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural Ordering -- Chapter 6. The Freedmen's Bureau Exception: The Triumph of Due (Adversarial) Process and the Dawn of Jim Crow -- Conclusion. The Question of American Exceptionalism and the Lessons of History -- Appendix. An Overview of the Archives -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z


In the Shadow of Dred Scott

In the Shadow of Dred Scott
Author: Kelly Marie Kennington
Publisher: University of Georgia Press
Total Pages: 311
Release: 2017
Genre: Biography & Autobiography
ISBN: 0820345520

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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.


Birthright Citizens

Birthright Citizens
Author: Martha S. Jones
Publisher: Cambridge University Press
Total Pages: 269
Release: 2018-06-28
Genre: History
ISBN: 1107150345

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Explains the origins of the Fourteenth Amendment's birthright citizenship provision, as a story of black Americans' pre-Civil War claims to belonging.


A Judgment for Solomon

A Judgment for Solomon
Author: Michael Grossberg
Publisher: Cambridge University Press
Total Pages: 316
Release: 1996-02-23
Genre: History
ISBN: 9780521557450

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A Judgment for Solomon tells the story of the d'Hauteville case, a controversial child custody battle fought in 1840. It uses the story of one couple's bitter fight over their son to explore some timebound and timeless features of American legal culture. In a narrative analysis, it recounts how marital woes led Ellen and Gonzalve d'Hauteville into what Alexis de Tocqueville called the 'shadow of the law'. Their multiple legal experiences culminated in an eagerly followed Philadelphia trial that sparked a national debate over the legal rights and duties of mothers and fathers, and husbands and wives. The story of the d'Hauteville case explains why popular trials become 'precedents of legal experience' - mediums for debates about highly contested social issues. It also demonstrates the ability of individual women and men to contribute to legal change by turning to the law to fight for what they want.


Gender and Race in Antebellum Popular Culture

Gender and Race in Antebellum Popular Culture
Author: Sarah N. Roth
Publisher: Cambridge University Press
Total Pages: 331
Release: 2014-07-21
Genre: History
ISBN: 1139992805

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In the decades leading to the Civil War, popular conceptions of African American men shifted dramatically. The savage slave featured in 1830s' novels and stories gave way by the 1850s to the less-threatening humble black martyr. This radical reshaping of black masculinity in American culture occurred at the same time that the reading and writing of popular narratives were emerging as largely feminine enterprises. In a society where women wielded little official power, white female authors exalted white femininity, using narrative forms such as autobiographies, novels, short stories, visual images, and plays, by stressing differences that made white women appear superior to male slaves. This book argues that white women, as creators and consumers of popular culture media, played a pivotal role in the demasculinization of black men during the antebellum period, and consequently had a vital impact on the political landscape of antebellum and Civil War-era America through their powerful influence on popular culture.


Antebellum American Culture

Antebellum American Culture
Author: David Brion Davis
Publisher: Penn State Press
Total Pages: 502
Release: 1997
Genre: History
ISBN: 9780271016467

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First published in 1979, this volume offers students and teachers a unique view of American history prior to the Civil War. Distinguished historian David Brion Davis has chosen a diverse array of primary sources that show the actual concerns, hopes, fears, and understandings of ordinary antebellum Americans. He places these sources within a clear interpretive narrative that brings the documents to life and highlights themes that social and cultural historians have brought to our attention in recent years. Beginning with the family and the issue of socialization and influence, the units move on to struggles over access to wealth and power; the plight of &"outsiders&" in an &"open&" society; and ideals of progress, perfection, and mission. The reader of this volume hears a great diversity of voices but also grasps the unities that survived even the Civil War.


Slavery on Trial

Slavery on Trial
Author: Jeannine Marie DeLombard
Publisher: Univ of North Carolina Press
Total Pages: 345
Release: 2009-06-01
Genre: History
ISBN: 0807887730

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America's legal consciousness was high during the era that saw the imprisonment of abolitionist editor William Lloyd Garrison, the execution of slave revolutionary Nat Turner, and the hangings of John Brown and his Harpers Ferry co-conspirators. Jeannine Marie DeLombard examines how debates over slavery in the three decades before the Civil War employed legal language to "try" the case for slavery in the court of public opinion via popular print media. Discussing autobiographies by Frederick Douglass, a scandal narrative about Sojourner Truth, an abolitionist speech by Henry David Thoreau, sentimental fiction by Harriet Beecher Stowe, and a proslavery novel by William MacCreary Burwell, DeLombard argues that American literature of the era cannot be fully understood without an appreciation for the slavery debate in the courts and in print. Combining legal, literary, and book history approaches, Slavery on Trial provides a refreshing alternative to the official perspectives offered by the nation's founding documents, legal treatises, statutes, and judicial decisions. DeLombard invites us to view the intersection of slavery and law as so many antebellum Americans did--through the lens of popular print culture.