The Fugitive Slave Clause and the Antebellum Constitution

@article{Baker2012TheFS,
  title={The Fugitive Slave Clause and the Antebellum Constitution},
  author={H. Robert Baker},
  journal={Law and History Review},
  year={2012},
  volume={30},
  pages={1133 - 1174}
}
  • H. Baker
  • Published 1 November 2012
  • Political Science
  • Law and History Review
Among the most long-lasting constitutional controversies in the antebellum era was the interpretation of the fugitive slave clause. It was the subject of repeated legislative and judicial construction at both the state and the federal level. It raised delicate questions about federalism and the balancing of property rights and personal liberty. Slaveholders and abolitionists brought irreconcilable constitutional positions to the table, ultimately dividing Northerners from Southerners. However… 
6 Citations
Law's Revolution: Benjamin Austin and the Spirit of '86
In the spring of 1786, a series of newspaper essays appeared in Boston arguing that lawyers and the laws on which they relied posed a mortal threat to the republican way of life and therefore had to
The British Example: West Indian Emancipation, the Freedom Principle, and the Rise of Antislavery Politics in the United States, 1833–1843
Abstract:This essay discusses British emancipation's influence on antislavery political and constitutional development in the United States during the pivotal decade 1833–1843. The Slavery Abolition
Publishing Robinson's Reports Of Cases Argued And Determined In The High Court Of Admiralty
Since the year 1798, the decisions of Sir William Scott, (now Lord Stowell) on the admiralty side of Westminster Hall, have been read and admired in every region of the republic of letters, as models
The Partisan Republic

References

SHOWING 1-10 OF 88 REFERENCES
The Slave Catchers: Enforcement of the Fugitive Slave Law, 1850-1860
In this thoroughly researched documentation of a historically controversial issue, the author considers the background, passage, and constitutionality of the Fugitive Slave Law. The author's relation
Slavery and the Founding
One of the oldest but hottest debates over the U.S. Constitution has concerned its relationship to slavery, a dispute that goes right to the heart of the meaning of the founding of the republic. Some
The Political Constitution of Federalism in Antebellum America: The Nullification Debate as an Illustration of Informal Mechanisms of Constitutional Change
The requirements of the U.S. Constitution are often assumed to be either clear or defined by the judiciary through interpretation, or both. Examination of the nullification crisis of 1833 indicates
The Constitution in Congress: Democrats and Whigs, 1829-1861
The Constitution in Congress series has been called nothing less than a biography of the US Constitution for its in-depth examination of the role that the legislative and executive branches have
Buffalo's Antebellum African American Community and the Fugitive Slave Law of 1850
On September 18, 1850, President Millard Fillmore signed the Fugitive Slave Law, the most controversial element of the Compromise of 1850. This law has been characterized as "one of the most shameful
State Constitutional Protections of Liberty and the Antebellum New Jersey Supreme Court: Chief Justice Hornblower and the Fugitive Slave Law
In this article, Professor Finkelman examines the significance of New Jersey Supreme Court Justice Hornblower’s decision in State v. The Sheriff of Burlington. Professor Finkelman discusses how the
The Slaveholding Republic: An Account of the United States Government's Relations to Slavery
This volume analyzes how the government of the United States effectively became an agent of the slaveholding interest, despite the fact that the nation had been founded upon ideals potentially
The Antislavery Judge Reconsidered
It is conventionally believed that neutral legal principles required antislavery judges to uphold proslavery legislation in spite of their moral convictions against slavery. Under this view, an
The Constitution in Congress: The Federalist Period, 1789-1801
This is an examination of the US constitution, providing an analysis from a legal perspective of the first six congresses constituting the federalist period. The book aims to establish that the
Constitutionalism in the Streets
This Article embarks on a reconstruction of constitutionalism in the early American Republic through a microhistorical case study of United States v. Peters, the first Supreme Court decision to
...
1
2
3
4
5
...