Abolitionism and American Law

Abolitionism and American Law

by John R. McKivigan (Editor)




This volume's essays reveal that the abolitionists' impact on United States law and the Constitution did not end with the Civil War. The immediate postwar Reconstruction amendments were both rooted in the radically anti-positivistic, natural rights philosophy long espoused by the radical political abolitionists. Implementing protection for black civil rights, however, proved much more difficult.

Product Details

ISBN-13: 9780815331094
Publisher: Taylor & Francis
Publication date: 12/28/1999
Series: History of the American Abolitionist Movement Series , #5
Pages: 410
Product dimensions: 6.30(w) x 9.10(h) x 1.20(d)

Table of Contents

Series Introductionvii
Volume Introductionxv
The Slavery Provisions of the U.S. Constitution: Means for Emancipation1
The Compromise of 178727
Quok Walker, Mumbet, and the Abolition of Slavery in Massachusetts54
Was Slavery Unconstitutional Before the Thirteenth Amendment?: Lysander Spooner's Theory of Interpretation65
Legal Positivism, Abolitionist Litigation, and the New Jersey Slave Case of 1845103
Slavery and Abolition Before the United States Supreme Court, 1820-1860132
The Indiana Supreme Court and the Struggle Against Slavery159
The Kidnapping of John Davis and the Adoption of the Fugitive Slave Law of 1793173
Prigg v. Pennsylvania and Northern State Courts: Anti-Slavery Use of a Pro-Slavery Decision199
State Constitutional Protections of Liberty and the Antebellum New Jersey Supreme Court: Chief Justice Hornblower and the Fugitive Slave Law231
The Fugitive Slave Law: A Double Paradox267
The Booth Cases: Final Step to the Civil War279
Personal Liberty Laws and Sectional Crisis: 1850-1861321
Kentucky, Canada, and Extradition: The Jesse Happy Case342
Abolitionists and the Civil Rights Act of 1875353
Abolitionist Political and Constitutional Theory and the Reconstruction Amendments371

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