Dred Scott Case

Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America. Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist. In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.

It was a year packed with unsettling events. The Panic of 1857 closed every bank in New York City, ruined thousands of businesses, and caused widespread unemployment among industrial workers. The Mormons in Utah Territory threatened rebellion when federal troops approached with a non-Mormon governor to replace Brigham Young. The Supreme Court outraged northern Republicans and abolitionists with the Dred Scott decision ("a breathtaking example of judicial activism"). And when a proslavery minority in Kansas Territory tried to foist a proslavery constitution on a large antislavery majority, President Buchanan reneged on a crucial commitment and supported the minority, a disastrous miscalculation which ultimately split the Democratic party in two. In America in 1857, eminent American historian Kenneth Stampp offers a sweeping narrative of this eventful year, covering all the major crises while providing readers with a vivid portrait of America at mid-century. Stampp gives us a fascinating account of the attempt by William Walker and his band of filibusters to conquer Nicaragua and make it a slave state, of crime and corruption, and of street riots by urban gangs such as New York's Dead Rabbits and Bowery Boys and Baltimore's Plug Uglies and Blood Tubs. But the focus continually returns to Kansas. He examines the outrageous political frauds perpetrated by proslavery Kansans, Buchanan's calamitous response and Stephen Douglas's break with the President (a rare event in American politics, a major party leader repudiating the president he helped elect), and the whirl of congressional votes and dramatic debates that led to a settlement humiliating to Buchanan--and devastating to the Democrats. 1857 marked a turning point, at which sectional conflict spun out of control and the country moved rapidly toward the final violent resolution in the Civil War. Stampp's intensely focused look at this pivotal year illuminates the forces at work and the mood of the nation as it plummeted toward disaster.

Although the Supreme Court is the ultimate authority for determining what the Constitution means, it has not always effected final decisions in its majority rulings. The law has, rather, changed and developed over time in many important areas. Lively focuses attention on several dissenting opinions which were crucial to the eventual definition of basic rights and liberties. He examines not only the opinions but the context in which they arose and the personalities behind them, tracing the influence of the dissents on the development of modern law. The work affords keen insights into how basic law--far from being a given, static code--has evolved.

Filled with fresh interpretations and information, puncturing old myths and challenging new ones, Battle Cry of Freedom will unquestionably become the standard one-volume history of the Civil War. James McPherson's fast-paced narrative fully integrates the political, social, and military events that crowded the two decades from the outbreak of one war in Mexico to the ending of another at Appomattox. Packed with drama and analytical insight, the book vividly recounts the momentous episodes that preceded the Civil War--the Dred Scott decision, the Lincoln-Douglas debates, John Brown's raid on Harper's Ferry--and then moves into a masterful chronicle of the war itself--the battles, the strategic maneuvering on both sides, the politics, and the personalities. Particularly notable are McPherson's new views on such matters as the slavery expansion issue in the 1850s, the origins of the Republican Party, the causes of secession, internal dissent and anti-war opposition in the North and the South, and the reasons for the Union's victory. The book's title refers to the sentiments that informed both the Northern and Southern views of the conflict: the South seceded in the name of that freedom of self-determination and self-government for which their fathers had fought in 1776, while the North stood fast in defense of the Union founded by those fathers as the bulwark of American liberty. Eventually, the North had to grapple with the underlying cause of the war--slavery--and adopt a policy of emancipation as a second war aim. This "new birth of freedom," as Lincoln called it, constitutes the proudest legacy of America's bloodiest conflict. This authoritative volume makes sense of that vast and confusing "second American Revolution" we call the Civil War, a war that transformed a nation and expanded our heritage of liberty.

Gregg Crane examines the interaction between civic identity and race and justice within American law and literature in this study. He recounts the efforts of literary and legal figures to bring the nation's law in accord with the moral consensus that slavery and racial oppression are evil. Covering such writers as Harriet Beecher Stowe and Frederick Douglass, and a range of novelists, poets, philosophers, politicians, lawyers and judges, this original book will revise the relationship between race and nationalism in American literature.