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Author: Harold Melvin Hyman Publisher: ISBN: Category : History Languages : en Pages : 208
Book Description
The demise of the Confederacy left a legacy of legal arrangements that raised fundamental and vexing questions regarding the legal rights and status of former slaves and the status of former Confederate states. As Harold Hyman shows, few individuals had greater impact on resolving these difficult questions than Salmon P. Chase, chief justice of the United States Supreme Court from 1865 to 1873. Hyman argues that in two cases—In Re Turner (1867) and Texas v. White (1869)—Chase combined his abolitionist philosophy with an activist jurisprudence to help dismantle once and for all the deposed machineries of slavery and the Confederacy. In these cases, Chase sought to consolidate the gains of the Civil War era, while demonstrating that the war had both preserved the precious core characteristics of the federal union of states and fundamentally improved the nature of both private and public law. In Re Turner was a private law case decided at the federal circuit level. It involved a black woman's claim that she, a recent slave, was being held in involuntary servitude. Elizabeth Turner's mother had apprenticed Elizabeth to their former master, who had not abided by his contractual obligations to provide Elizabeth with training and compensation, substantively keeping her in slavery. Chase's decision, which relied upon due process and equal protection implications in the thirteenth amendment and 1866 Civil Rights Act, confirmed the rights of emancipated slaves to bargain and contract with employers on a parity with white workers. Texas v. White was a public law case decided in the Supreme Court. It revolved around the issue of whether the holders of U.S. bonds seized and sold by the Confederate state of Texas could demand payment after the war from that state's newly reconstructed government. In effect, Chase and his associate justices were asked to determine the legality of actions committed by all former Confederate states and, thus, to define what constituted a state. Chase's opinion reaffirmed the Union's permanence, and that of the constituent states in the federal union, and the states' duty to respect the legal rights and obligations of all citizens because states were people as well as acreages and institutions. Hyman's exemplary analysis of these cases reveals how their political, legal, and constitutional aspects were so inextricably interwoven. They secured for Chase a rostrum for both moral and legal reform from which he asserted his strong views on the fundamental rights of individuals and states in an era of sporadically increasing federal power. Hyman's study provides a much-needed reevaluation of those cases both in the context of Chase's life and in terms of their mark on history.
Author: Harold Melvin Hyman Publisher: ISBN: Category : History Languages : en Pages : 208
Book Description
The demise of the Confederacy left a legacy of legal arrangements that raised fundamental and vexing questions regarding the legal rights and status of former slaves and the status of former Confederate states. As Harold Hyman shows, few individuals had greater impact on resolving these difficult questions than Salmon P. Chase, chief justice of the United States Supreme Court from 1865 to 1873. Hyman argues that in two cases—In Re Turner (1867) and Texas v. White (1869)—Chase combined his abolitionist philosophy with an activist jurisprudence to help dismantle once and for all the deposed machineries of slavery and the Confederacy. In these cases, Chase sought to consolidate the gains of the Civil War era, while demonstrating that the war had both preserved the precious core characteristics of the federal union of states and fundamentally improved the nature of both private and public law. In Re Turner was a private law case decided at the federal circuit level. It involved a black woman's claim that she, a recent slave, was being held in involuntary servitude. Elizabeth Turner's mother had apprenticed Elizabeth to their former master, who had not abided by his contractual obligations to provide Elizabeth with training and compensation, substantively keeping her in slavery. Chase's decision, which relied upon due process and equal protection implications in the thirteenth amendment and 1866 Civil Rights Act, confirmed the rights of emancipated slaves to bargain and contract with employers on a parity with white workers. Texas v. White was a public law case decided in the Supreme Court. It revolved around the issue of whether the holders of U.S. bonds seized and sold by the Confederate state of Texas could demand payment after the war from that state's newly reconstructed government. In effect, Chase and his associate justices were asked to determine the legality of actions committed by all former Confederate states and, thus, to define what constituted a state. Chase's opinion reaffirmed the Union's permanence, and that of the constituent states in the federal union, and the states' duty to respect the legal rights and obligations of all citizens because states were people as well as acreages and institutions. Hyman's exemplary analysis of these cases reveals how their political, legal, and constitutional aspects were so inextricably interwoven. They secured for Chase a rostrum for both moral and legal reform from which he asserted his strong views on the fundamental rights of individuals and states in an era of sporadically increasing federal power. Hyman's study provides a much-needed reevaluation of those cases both in the context of Chase's life and in terms of their mark on history.
Author: Walter Stahr Publisher: Simon and Schuster ISBN: 1501199234 Category : Biography & Autobiography Languages : en Pages : 848
Book Description
From an acclaimed, New York Times bestselling biographer, a timely reassessment of Abraham Lincoln's indispensable Secretary of the Treasury: a leading proponent for black rights both before and during his years in cabinet and later as Chief Justice of the United States. Salmon P. Chase is best remembered as a rival of Lincoln's for the Republican nomination in 1860--but there would not have been a national Republican Party, and Lincoln could not have won the presidency, were it not for the vital groundwork Chase laid over the previous two decades. Starting in the early 1840s, long before Lincoln was speaking out against slavery, Chase was forming and leading antislavery parties. He represented fugitive slaves so often in his law practice that he was known as the attorney general for runaway negroes, and he furthered his reputation as an outspoken federal senator and progressive governor of Ohio. Tapped by Lincoln to become Secretary of the Treasury, Chase would soon prove vital to the Civil War effort, raising the billions of dollars that allowed the Union to win the war, while also pressing the president to emancipate the country's slaves and recognize black rights. When Lincoln had the chance to appoint a chief justice in 1864, he chose his faithful rival, because he was sure Chase would make the right decisions on the difficult racial, political, and economic issues the Supreme Court would confront during Reconstruction. Drawing on previously overlooked sources, Walter Stahr sheds new light on a complex and fascinating political figure, as well as on the pivotal events of the Civil War and its aftermath. Salmon P. Chase tells the forgotten story of a man at the center of the fight for racial justice in 19th century America.
Author: John Niven Publisher: Oxford University Press ISBN: 0195364384 Category : Biography & Autobiography Languages : en Pages : 575
Book Description
Salmon P. Chase was one of the preeminent men of 19th-century America. A majestic figure, tall and stately, Chase was a leader in the fight to end slavery, a brilliant administrator who as Lincoln's Secretary of the Treasury provided crucial funding for a vastly expensive war, the Chief Justice of the Supreme Court during the turmoil of Reconstruction, and the presiding officer of the impeachment trial of President Andrew Johnson. Yet he was also a complex figure. As John Niven reveals in this magisterial biography, Chase was a paradoxical blend of idealism and ambition. If he stood for the highest moral purposes--the freedom and equality of all mankind--these lofty ideas failed to mask a thirst for power so deeply ingrained in his character that it drove away many who shared his principles, but mistrusted his motives. Niven provides a vivid description of Chase's early years--his childhood in New Hampshire (where his father's failed business venture and early death left the family all but destitute) and in Ohio (where he was sent to live with his uncle Philander, an Episcopal bishop), his education at Dartmouth, and his early law career in Cincinnati. Niven shows how the plight of the slaves stirred this reticent young lawyer, and how Chase gradually moved to the forefront of the antislavery movement. At the same time, we see how he used his growing prominence in the antislavery movement to forward his political ambitions. Niven illuminates Chase's long tenure as a public man. Twice elected United States Senator, twice chosen governor of Ohio (then the third most populous state in the Union), Chase organized the widespread but diffuse anti-slavery movement into a workable political organization, the Free Soil party (whose slogan "Free Soil, Free Labor, Freemen" Chase coined himself). We read of Chase's work in Lincoln's war cabinet and his tenure as Chief Justice of the Supreme Court, and we also follow his many political maneuvers, his attempts to undercut rivals, and his poorly run campaigns for presidential nominations. Niven also provides an intimate portrait of Chase's family life--his loss of three wives and four of his six children, and the unfortunate marriage of his beautiful daughter Kate to a rich but dissolute man--and a vivid picture of life at mid-century. What emerges is a portrait of a tragic figure, whose high qualities of heart and mind and whose many achievements were ultimately tarnished by an often unseemly quest for power. It is a striking look at an eminent statesman as well as a revealing glimpse into political life in 19th-century America, all set against a background of the anti-slavery movement, the Civil War, and the turmoil of Reconstruction.
Author: Salmon Portland Chase Publisher: Kent State University Press ISBN: 9780873386180 Category : Biography & Autobiography Languages : en Pages : 454
Book Description
This is the first of a proposed six-volume edition of the selected papers of Salmon Portland Chase (1808-1873), a notable figure in the anti-slavery movement and American politics of the 19th century. This volume includes his Civil War-era diaries and his account of a tour of the South in 1865.
Author: Harold M. Hyman Publisher: University of Georgia Press ISBN: 0820332968 Category : History Languages : en Pages : 110
Book Description
Since the first shots rang out at Lexington and Concord, signaling the beginning of open war between the colonies and England, America has been credited with a singular conviction, a concern for military veterans' and others' economic and political rights. The idea of America as a promised land of economic opportunity, social mobility, and political freedom has not always flourished. Historians have both given it reality and shaken its substance as they exposed an undercurrent of greed, class conflict, and corruption. In this book Harold Hyman explores the question of American singularity, using the Northwest Ordinance, the Homestead and Morrill acts, and the G.I Bill to measure individual access to land, education, and law. The Northwest Ordinance, enacted in 1787 to encourage settlement of the nation's untamed territories, mandated the establishment of public schools and stable property rights in newly settled lands--specific terms which enshrined the basic liberties secured by the Revolutionary War. Hyman shows that through the Homestead and Morrill acts of 1862, legislators sought to preserve the values of the Union and to prepare for the entrance of the black man into citizenship. Equal access to public lands in the West and to state land-grant universities, countered the economic and social injustices blacks and poor whites would face after the Civil War. Finally, Hyman asserts that the G.I. Bill preserved beneficial social programs forged during the depression, carrying into post-World War II America a widespread concern for education and housing opportunities. Examining the legislation that emerged from three periods of conflict in American history, Hyman reveals a consistent pattern favoring equal access to land, education, and law--a progression of singular, if sometimes flawed, attempts to embody in our statutes the values and aspirations that sparked our major wars.
Author: Robert Icenhauer-Ramirez Publisher: LSU Press ISBN: 0807170801 Category : Law Languages : en Pages : 0
Book Description
In the immediate aftermath of the Civil War, federal officials captured, imprisoned, and indicted Jefferson Davis for treason. If found guilty, the former Confederate president faced execution for his role in levying war against the United States. Although the federal government pursued the charges for over four years, the case never went to trial. In this comprehensive analysis of the saga, Treason on Trial, Robert Icenhauer-Ramirez suggests that while national politics played a role in the trial’s direction, the actions of lesser-known individuals ultimately resulted in the failure to convict Davis. Early on, two primary factions argued against trying the case. Influential northerners dreaded the prospect of a public trial, fearing it would reopen the wounds of the war and make a martyr of Davis. Conversely, white southerners pointed to the treatment and prosecution of Davis as vindictive on the part of the federal government. Moreover, they maintained, the right to secede from the Union remained within the bounds of the law, effectively linking the treason charge against Davis with the constitutionality of secession. While Icenhauer-Ramirez agrees that politics played a role in the case, he suggests that focusing exclusively on that aspect obscures the importance of the participants. In the United States of America v. Jefferson Davis, preeminent lawyers represented both parties. According to Icenhauer-Ramirez, Lucius H. Chandler, the local prosecuting attorney, lacked the skill and temperament necessary to put the case on a footing that would lead to trial. In addition, Supreme Court Chief Justice Salmon P. Chase had little desire to preside over the divisive case and intentionally stymied the prosecution’s efforts. The deft analysis in Treason on Trial illustrates how complications caused by Chandler and Chase led to a three-year delay and, eventually, to the dismissal of the case in 1868, when President Andrew Johnson granted blanket amnesty to those who participated in the armed rebellion.
Author: John Niven Publisher: Oxford University Press, USA ISBN: 0195046536 Category : Biography & Autobiography Languages : en Pages : 575
Book Description
A biography of Salmon P. Chase, one of the principal political figures in the American Civil War period. A rival to Abraham Lincoln for the Republican Presidential nomination in 1860, he subsequently became Secretary of the Treasury in Lincoln's war-time cabinet.