The oddly named president whose shortsightedness and stubbornness fractured the nation and sowed the seeds of civil war
In the summer of 1850, America was at a terrible crossroads. Congress was in an uproar over slavery, and it was not clear if a compromise could be found. In the midst of the debate, President Zachary Taylor suddenly took ill and died. The presidency, and the crisis, now fell to the little-known vice president from upstate New York. In this eye-opening biography, the legal scholar and historian Paul Finkelman reveals how Millard Fillmore's response to the crisis he inherited set the country on a dangerous path that led to the Civil War. He shows how Fillmore stubbornly catered to the South, alienating his fellow Northerners and creating a fatal rift in the Whig Party, which would soon disappear from American politics--as would Fillmore himself, after failing to regain the White House under the banner of the anti-immigrant and anti-Catholic Know Nothing Party. Though Fillmore did have an eye toward the future, dispatching Commodore Matthew Perry on the famous voyage that opened Japan to the West and on the central issues of the age--immigration, religious toleration, and most of all slavery--his myopic vision led to the destruction of his presidency, his party, and ultimately, the Union itself.In Slavery and the Founders, Paul Finkelman addresses a central issue of the American founding: how the first generation of leaders of the United States dealt with the profoundly important question of human bondage. The book explores the tension between the professed idea of America as stated in the Declaration of Independence, and the reality of the early American republic, reminding us of the profound and disturbing ways that slavery affected the U.S. Constitution and early American politics. It also offers the most important and detailed short critique of Thomas Jefferson's relationship to slavery available, while at the same time contrasting his relationship to slavery with that of other founders. This third edition of Slavery and the Founders incorporates a new chapter on the regulation and eventual (1808) banning of the African slave trade.
An examination of responses to John Brown and the Harper's Ferry Raid by prominent scholars: what different segments of American society made of Brown's attempt to foment a slave rebellion and his subsequent trial and execution.
During the long decade from 1848 to 1861 America was like a train speeding down the track, without an engineer or brakes. The new territories acquired from Mexico had vastly increased the size of the nation, but debate over their status-and more importantly the status of slavery within them-paralyzed the nation. Southerners gained access to the territories and a draconian fugitive slave law in the Compromise of 1850, but this only exacerbated sectional tensions. Virtually all northerners, even those who supported the law because they believed that it would preserve the union, despised being turned into slave catchers. In 1854, in the Kansas-Nebraska Act, Congress repealed the ban on slavery in the remaining unorganized territories. In 1857, in the Dred Scott case, the Supreme Court held that all bans on slavery in the territories were unconstitutional. Meanwhile, northern whites, free blacks, and fugitive slaves resisted the enforcement of the 1850 fugitive slave law. In Congress members carried weapons and Representative Preston Brooks assaulted Senator Charles Sumner with a cane, nearly killing him. This was the decade of the 1850s and these were the issues Congress grappled with.
This volume of new essays examines many of these issues, helping us better understand the failure of political leadership in the decade that led to the Civil War.
Contributors
Spencer R. Crew
Paul Finkelman
Matthew Glassman
Amy S. Greenberg
Martin J. Hershock
Michael F. Holt
Brooks D. Simpson
Jenny Wahl
The three most important Supreme Court Justices before the Civil War--Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story--upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice's proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life.
Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime--a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks. Supreme Injustice boldly documents the entanglements that alienated three major justices from America's founding ideals and embedded racism ever deeper in American civic life.When Lincoln took office, in March 1861, the national government had no power to touch slavery in the states where it existed. Lincoln understood this, and said as much in his first inaugural address, noting: 'I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists.' How, then, asks Paul Finkelman in the introduction to Lincoln, Congress, and Emancipation, did Lincoln-who personally hated slavery-lead the nation through the Civil War to January 1865, when Congress passed the constitutional amendment that ended slavery outright?
The essays in this book examine the route Lincoln took to achieve emancipation and how it is remembered both in the United States and abroad. The ten contributors-all on the cutting edge of contemporary scholarship on Lincoln and the Civil War-push our understanding of this watershed moment in US history in new directions. They present wide-ranging contributions to Lincoln studies, including a parsing of the sixteenth president's career in Congress in the 1840s and a brilliant critique of the historical choices made by Steven Spielberg and writer Tony Kushner in the movie Lincoln, about the passage of the Thirteenth Amendment.
As a whole, these classroom-ready readings provide fresh and essential perspectives on Lincoln's deft navigation of constitutional and political circumstances to move emancipation forward.
Contributors: L. Diane Barnes, Jenny Bourne, Michael Burlingame, Orville Vernon Burton, Seymour Drescher, Paul Finkelman, Amy S. Greenberg, James Oakes, Beverly Wilson Palmer, Matthew Pinsker
Classic analysis of the law of slavery that received the Joseph A. Andrews Award from the American Association of Law Libraries in 1986. Offers a detailed discussion and analysis of the pamphlet materials on the law of slavery published in the United States and Great Britain, and as such, provides readers with easy access to an understanding of most of the important American and British cases on slavery, including Somerset v. Stewart (Eng., 1772), The United States v. Amistad (U.S., 1841), and Dred Scott v. Sanford (U.S., 1857). Illustrated. xxvii, 312 pp.
The social changes and human and economic costs of the Civil War led to profound legal and constitutional developments after it ended, not least of which were the Fourteenth and Fifteenth Amendments and the many laws devised to protect the civil rights of newly freed African Americans. These amendments and laws worked for a while, but they were ineffective or ineffectively enforced for more than a century.
In Ending the Civil War and the Consequences for Congress, contributors explore how the end of the war both continued the trauma of the conflict and enhanced the potential for the new birth of freedom that Lincoln promised in the Gettysburg Address. Collectively, they bring their multidisciplinary expertise to bear on the legal, economic, social, and political aspects of the aftermath of the war and Reconstruction era. The book concludes with the reminder of how the meaning of the war has changed over time. The Civil War is no longer the felt history it once was, Clay Risen reminds us, and despite the work of many fine scholars it remains contested.
Contributors: Jenny Bourne, Carole Emberton, Paul Finkelman, Lorien Foote, William E. Nelson, Clay Risen, Anne Sarah Rubin, and Peter Wallenstein
Classic analysis of the law of slavery that received the Joseph A. Andrews Award from the American Association of Law Libraries in 1986. Offers a detailed discussion and analysis of the pamphlet materials on the law of slavery published in the United States and Great Britain, and as such, provides readers with easy access to an understanding of most of the important American and British cases on slavery, including Somerset v. Stewart (Eng., 1772), The United States v. Amistad (U.S., 1841), and Dred Scott v. Sanford (U.S., 1857). Illustrated. xxvii, 312 pp.
Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of civil liberties in America. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book's multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.
Originally published in 2000, the Encyclopedia of Religion and American Law, comprehensively describes and analyses important cases and legal controversies between religion and state. The book has contributions from numerous distinguished history and law professors and practicing attorneys of the period. It provides short and articulate encyclopedic style entries which capture the colour, richness and complexity of the topics covered. The book's multidisciplinary approach will make it an ideal library reference resource for scholars and students of law, as well as a valuable addition to any legal collection.
Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of civil liberties in America. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book's multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.
Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of American Civil Liberties. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book's multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.
Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of civil liberties in America. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book's multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.