Whether political leaders or plain folk, northerners or southerners, Republicans or Democrats, black or white, most free Americans in the mid-nineteenth century believed in the foundational values articulated in the Declaration of Independence of 1776 and the Constitution of 1787-and this belief consistently animated the nation's political debates. Liberty and Union shows, however, that different interpretations of these founding documents ultimately drove a deep wedge between North and South, leading to the conflict that tested all constitutional faiths. Huebner argues that the resolution of the Civil War was profoundly revolutionary and also inextricably tied to the issues of both slavery and sovereignty, the two great unanswered questions of the Founding era. Drawing on a vast body of scholarship as well as such sources as congressional statutes, political speeches, military records, state supreme court decisions, the proceedings of black conventions, and contemporary newspapers and pamphlets, Liberty and Union takes the long view of the Civil War era. It merges Civil War history, US constitutional history, and African American history and stretches from the antebellum era through the period of reconstruction, devoting equal attention to the Union and Confederate sides of the conflict. And its in-depth exploration of African American participation in a broader culture of constitutionalism redefines our understanding of black activism in the nineteenth century. Altogether, this is a masterly, far-reaching work that reveals as never before the importance and meaning of the Constitution, and the law, for nineteenth-century Americans.

Tyrannicide uses a captivating narrative to unpack the experiences of slavery and slave law in South Carolina and Massachusetts during the Revolutionary Era. In 1779, during the midst of the American Revolution, thirty-four South Carolina slaves escaped aboard a British privateer and survived several naval battles until the Massachusetts brig Tyrannicide led them to Massachusetts. Over the next four years, the slaves became the center of a legal dispute between the two states. The case affected slave law and highlighted the profound differences between how the "terrible institution" was practiced in the North and the South, in ways that would foreground issues eventually leading to the Civil War. Emily Blanck uses the Tyrannicide affair and the slaves involved as a lens through which to view contrasting slaveholding cultures and ideas of African American democracy. Blanck's examination of the debate analyzes crucial questions: How could the colonies unify when they viewed one of America's foundational institutions in fundamentally different ways? How would fugitive slaves be handled legally and ethically? Blanck shows how the legal and political battles that resulted from the affair reveal much about revolutionary ideals and states' rights at a time when notions of the New Republic-and philosophies about the unity of American states were being created.

Gender and the Jubilee is a bold reconceptualization of black freedom during the Civil War that uncovers the political and constitutional claims made by African American women. By analyzing the actions of women in the urban environment of St. Louis and the surrounding areas of rural Missouri, Romeo uncovers the confluence of military events, policy changes, and black agency that shaped the gendered paths to freedom and citizenship. During the turbulent years of the Civil War crisis, African American women asserted their vision of freedom through a multitude of strategies. They took concerns ordinarily under the jurisdiction of civil courts, such as assault and child custody, and transformed them into military matters. African American women petitioned military police for "free papers"; testified against former owners; fled to contraband camps; and "joined the army" with their male relatives, serving as cooks, laundresses, and nurses. Freedwomen, and even enslaved women, used military courts to lodge complaints against employers and former masters, sought legal recognition of their marriages, and claimed pensions as the widows of war veterans. Through military venues, African American women in a state where the institution of slavery remained unmolested by the Emancipation Proclamation, demonstrated a claim on citizenship rights well before they would be guaranteed through the establishment of the Fourteenth Amendment. The litigating slave women of antebellum St. Louis, and the female activists of the Civil War period, left a rich legal heritage to those who would continue the struggle for civil rights in the postbellum era.

The history of the black lawyer in South Carolina," writes W. Lewis Burke, "is one of the most significant untold stories of the long and troubled struggle for equal rights in the state." Beginning in Reconstruction and continuing to the modern civil rights era, 168 black lawyers were admitted to the South Carolina bar. All for Civil Rights is the first book-length study devoted to those lawyers' struggles and achievements in the state that had the largest black population in the country, by percentage, until 1930-and that was a majority black state through 1920. Examining court processes, trials, and life stories of the lawyers, Burke offers a comprehensive analysis of black lawyers' engagement with the legal system. Some of that study is set in the courts and legislative halls, for the South Carolina bar once had the highest percentage of black lawyers of any southern state, and South Carolina was one of only two states to ever have a black majority legislature. However, Burke also tells who these lawyers were (some were former slaves, while others had backgrounds in the church, the military, or journalism); where they came from (nonnatives came from as close as Georgia and as far away as Barbados); and how they were educated, largely through apprenticeship. Burke argues forcefully that from the earliest days after the Civil War to the heyday of the modern civil rights movement, the story of the black lawyer in South Carolina is the story of the civil rights lawyer in the Deep South. Although All for Civil Rights focuses specifically on South Carolinians, its argument about the legal shift in black personhood from the slave era to the 1960s resonates throughout the South.

On May 1, 1866, a minor exchange between white Memphis city police and a group of black Union soldiers quickly escalated into murder and mayhem. Changes wrought by the Civil War and African American emancipation sent long-standing racial, economic, cultural, class, and gender tensions rocketing to new heights. For three days, a mob of white men roamed through South Memphis, leaving a trail of blood, rubble, and terror in their wake. By May 3, at least forty-six African American men, women, and children and two white men lay dead. An unknown number of black people had been driven out of the city. Every African American church and schoolhouse lay in ruins, homes and businesses burglarized and burned, and at least five women had been raped. As a federal military commander noted in the days following, "what [was] called the 'riot'" was "in reality [a] massacre" of extended proportions. It was also a massacre whose effects spread far beyond Memphis, Tennessee. As the essays in this collection reveal, the massacre at Memphis changed the trajectory of the post-Civil War nation. Led by recently freed slaves who refused to be cowed and federal officials who took their concerns seriously, the national response to the horror that ripped through the city in May 1866 helped to shape the nation we know today. Remembering the Memphis Massacre brings this pivotal moment and its players, long hidden from all but specialists in the field, to a public that continues to feel the effects of those three days and the history that made them possible.

This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases-across time, place, and circumstance-to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters' rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as "property," from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters' rights with state and colonial laws, Fede shows how slave homicide law evolved and was enforced not only in the United States but also in ancient Roman, Visigoth, Spanish, Portuguese, French, and British jurisdictions. His comparative approach reveals how legal reforms regarding slave homicide in antebellum times, like past reforms dictated by emperors and kings, were the products of changing perceptions of the interests of the public; of the individual slave owners; and of the slave owners' families, heirs, and creditors. Although some slave murders came to be regarded as capital offenses, the laws con sistently reinforced the second-class status of slaves. This influence, Fede concludes, flowed over into the application of law to free African Americans and would even make itself felt in the legal attitudes that underlay the Jim Crow era.

Designed to encourage critical thinking about history, the Major Problems series introduces students to both primary sources and analytical essays on important topics in US history.This collection, designed to be the primary anthology for the introductory survey course, covers the entire chronological span of Constitutional history.Tracing the historical development of American constitutional thought, the Second Edition of this anthology presents the documents critical to constitutional development, including actual legal texts as well as the reactions of prominent legal minds.

An exploration of the U.S. Supreme Court during an era of dramatic sectionalism, slavery, and the Civil War. The Taney Court: Justices, Rulings, and Legacy presents an in-depth analysis of the decisions and impact of the U.S. Supreme Court during the three-decade tenure of Roger B. Taney, one of the most important chief justices in U.S. history. A careful analysis of landmark decisions such as Dred Scott v. Sandford, Charles River Bridge v. Warren Bridge, and Prigg v. Pennsylvania shows how the court interpreted issues of commerce, contracts, slavery, and separation of powers, and how, despite its perception as being pro-states rights, it actually expanded federal judicial power. Profiles of the 20 justices who served on the Taney Court place a special emphasis on those who made the most significant impact, including Taney, Joseph Story, Benjamin Curtis, and John A. Campbell.

On May 1, 1866, a minor exchange between white Memphis city police and a group of black Union soldiers quickly escalated into murder and mayhem. Changes wrought by the Civil War and African American emancipation sent long-standing racial, economic, cultural, class, and gender tensions rocketing to new heights. For three days, a mob of white men roamed through South Memphis, leaving a trail of blood, rubble, and terror in their wake. By May 3, at least forty-six African American men, women, and children and two white men lay dead. An unknown number of black people had been driven out of the city. Every African American church and schoolhouse lay in ruins, homes and businesses burglarized and burned, and at least five women had been raped. As a federal military commander noted in the days following, "what [was] called the 'riot'" was "in reality [a] massacre" of extended proportions. It was also a massacre whose effects spread far beyond Memphis, Tennessee. As the essays in this collection reveal, the massacre at Memphis changed the trajectory of the post-Civil War nation. Led by recently freed slaves who refused to be cowed and federal officials who took their concerns seriously, the national response to the horror that ripped through the city in May 1866 helped to shape the nation we know today. Remembering the Memphis Massacre brings this pivotal moment and its players, long hidden from all but specialists in the field, to a public that continues to feel the effects of those three days and the history that made them possible.

This ground breaking examination of the lives and work of nineteenth-century southern judges explores the emergence of a southern judiciary and the effects of regional peculiarities and attitudes on legal development. Drawing on the judicial opinions and private correspondence of six chief justices whose careers spanned both the region and the century, Timothy S. Huebner analyzes their conceptions of their roles and the substance of their opinions related to cases involving homicide, economic development, federalism, and race. Examining judges both on and off the bench - as formulators of law and as citizens whose lives were intertwined with southern values - Huebner reveals the tensions that sometimes arose out of loyalties to sectional principles and national professional consciousness.