Factors That Led to the Emancipation Proclamation
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Lyman Trumbull: Author of the Thirteenth Amendment, Author of the Civil Rights Act, and the First Second Amendment Lawyer
KOPEL (1117–1192).DOCX (DO NOT DELETE) 5/2/16 4:20 PM Lyman Trumbull: Author of the Thirteenth Amendment, Author of the Civil Rights Act, and the First Second Amendment Lawyer David B. Kopel* This Article provides the first legal biography of lawyer and Senator Lyman Trumbull, one of the most important lawyers and politicians of the nineteenth century. Early in his career, as the leading anti-slavery lawyer in Illinois in the 1830s, he won the cases constricting and then abolishing slavery in that state; six decades later, Trumbull represented imprisoned labor leader Eugene Debs in the Supreme Court, and wrote the Populist Party platform. In between, Trumbull helped found the Republican Party, and served three U.S. Senate terms, chairing the judiciary committee. One of the greatest leaders of America’s “Second Founding,” Trumbull wrote the Thirteenth Amendment, the Civil Rights Act, and the Freedmen’s Bureau Act. The latter two were expressly intended to protect the Second Amendment rights of former slaves. Another Trumbull law, the Second Confiscation Act, was the first federal statute to providing for arming freedmen. After leaving the Senate, Trumbull continued his fight for arms rights for workingmen, bringing Presser v. Illinois to the U.S. Supreme Court in 1886, and Dunne v. Illinois to the Illinois Supreme Court in 1879. His 1894 Populist Party platform was a fiery affirmation of Second Amendment principles. In the decades following the end of President James Madison’s Administration in 1817, no American lawyer or legislator did as much as Trumbull in defense of Second Amendment. -
Hearing on the Equal Rights Amendment
Written Statement of Elizabeth Price Foley Professor of Law Florida International University College of Law Hearing on the Equal Rights Amendment Committee on the Judiciary U.S. House of Representatives April 30, 2019 Chairman Nadler, Ranking Member Collins, and members of the Committee, thank you for the opportunity to discuss the procedures for ratification of the Equal Rights Amendment ("ERA"). I am a tenured, full Professor of Law at Florida International University College of Law, a public law school located in Miami, where I teach constitutional law. I also serve Of Counsel with the Washington, D.C. office of BakerHostetler, LLP, where I practice constitutional and appellate law. I. Background on Ratification of the Equal Rights Amendment An Equal Rights Amendment was first proposed in 1921 but did not receive approval of the requisite two-thirds supermajority of the House and Senate until March 22, 1972. The text of the proposed amendment reads as follows: Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. Section 3. This amendment shall take effect two years after the date of ratification.1 The Joint Resolution proposing the ERA contained a preamble limiting the allowed period of ratification to seven years: Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress.2 The seven-year ratification period expired on March 22, 1979. -
Thirteenth Amendment A
University of Cincinnati College of Law University of Cincinnati College of Law Scholarship and Publications Faculty Articles and Other Publications College of Law Faculty Scholarship 2003 Stopping Time: The rP o-Slavery and 'Irrevocable' Thirteenth Amendment A. Christopher Bryant University of Cincinnati College of Law, [email protected] Follow this and additional works at: http://scholarship.law.uc.edu/fac_pubs Part of the Constitutional Law Commons, and the Legal History, Theory and Process Commons Recommended Citation Bryant, A. Christopher, "Stopping Time: The rP o-Slavery and 'Irrevocable' Thirteenth Amendment" (2003). Faculty Articles and Other Publications. Paper 63. http://scholarship.law.uc.edu/fac_pubs/63 This Article is brought to you for free and open access by the College of Law Faculty Scholarship at University of Cincinnati College of Law Scholarship and Publications. It has been accepted for inclusion in Faculty Articles and Other Publications by an authorized administrator of University of Cincinnati College of Law Scholarship and Publications. For more information, please contact [email protected]. STOPPING TIME: THE PRO-SLAVERY AND "IRREVOCABLE" THIRTEENTH AMENDMENT • A. CHRISTOPHER BRYANT I. EXTRALEGAL AUTHORITY AND THE CREATION OF ARTICLE V ...................................... 505 II. HISTORICAL CONTEXT OF THE CORWIN AMENDMENT .......................................................... 512 III. LEGISLATIVE HISTORY OF THE CORWIN AMENDMENT ......................................................... 520 A. Debate in -
Kyvig on Vorenberg, 'Final Freedom: the Civil War, the Abolition of Slavery, and the Thirteenth Amendment'
H-Law Kyvig on Vorenberg, 'Final Freedom: The Civil War, the Abolition of Slavery, and the Thirteenth Amendment' Review published on Thursday, August 1, 2002 Michael Vorenberg. Final Freedom: The Civil War, the Abolition of Slavery, and the Thirteenth Amendment. Cambridge and New York: Cambridge University Press, 2001. xviii + 305 pp. $25.00 (cloth), ISBN 978-0-521-65267-4. Reviewed by David E. Kyvig (Department of History, Northern Illinois University) Published on H- Law (August, 2002) Freeing the Constitution from Slavery Freeing the Constitution from Slavery The most significant departure from the original design of the 1787 United States Constitution occurred in 1865 with the adoption of the Thirteenth Amendment abolishing slavery. This most transformative of all constitutional amendments has, nevertheless, received far less attention than it deserves. Civil War historians preoccupied with the ongoing struggle between North and South have tended to focus on the earlier and strategically vital, if more limited and legally less important, Emancipation Proclamations. Constitutional historians concerned with grasping the full measure of the long-term implications and wide-ranging consequences of the 1860s upheaval have been drawn to the more complex Fourteenth Amendment, ratified three years later at the peak of Radical Reconstruction. Michael Vorenberg's fine and valuable book,Final Freedom, redresses these oversights by restoring attention to the Thirteenth Amendment, providing a careful and thorough accounting of its adoption, and offering valuable insight into why it marked a pivotal moment in formal constitutional development. Vorenberg, an assistant professor of history at Brown University, begins with the obvious but essential fact that the Emancipation Proclamations did not free a single slave. -
Four Roads to Emancipation: Lincoln, the Law, and the Proclamation Dr
Copyright © 2013 by the National Trust for Historic Preservation i Table of Contents Letter from Erin Carlson Mast, Executive Director, President Lincoln’s Cottage Letter from Martin R. Castro, Chairman of The United States Commission on Civil Rights About President Lincoln’s Cottage, The National Trust for Historic Preservation, and The United States Commission on Civil Rights Author Biographies Acknowledgements 1. A Good Sleep or a Bad Nightmare: Tossing and Turning Over the Memory of Emancipation Dr. David Blight……….…………………………………………………………….….1 2. Abraham Lincoln: Reluctant Emancipator? Dr. Michael Burlingame……………………………………………………………….…9 3. The Lessons of Emancipation in the Fight Against Modern Slavery Ambassador Luis CdeBaca………………………………….…………………………...15 4. Views of Emancipation through the Eyes of the Enslaved Dr. Spencer Crew…………………………………………….………………………..19 5. Lincoln’s “Paramount Object” Dr. Joseph R. Fornieri……………………….…………………..……………………..25 6. Four Roads to Emancipation: Lincoln, the Law, and the Proclamation Dr. Allen Carl Guelzo……………..……………………………….…………………..31 7. Emancipation and its Complex Legacy as the Work of Many Hands Dr. Chandra Manning…………………………………………………..……………...41 8. The Emancipation Proclamation at 150 Dr. Edna Greene Medford………………………………….……….…….……………48 9. Lincoln, Emancipation, and the New Birth of Freedom: On Remaining a Constitutional People Dr. Lucas E. Morel…………………………….…………………….……….………..53 10. Emancipation Moments Dr. Matthew Pinsker………………….……………………………….………….……59 11. “Knock[ing] the Bottom Out of Slavery” and Desegregation: -
Reparations in the Caribbean and Diaspora Prilly Bicknell-Hersco
Reparations in the Caribbean and Diaspora Prilly Bicknell-Hersco Introduction Millions of people have been victim to violent and inhumane social injustices, many of them based on racial and cultural hierarchies. The Nazi Holocaust or the colonization of North America through the genocide of indigenous populations are examples of such instances. When these victims have no direct claim on those who committed the harm, the victims turn to the government for reparations. It can be said that the enslavement of Africans in the Caribbean is another painful and violent injustice, yet few reparations, if any at all, have been paid out to those most affected by the transatlantic slave trade. In 2013, CARICOM released an official request for Reparations for the Native Genocide and Slavery from the United Kingdom and the other European colonies. The discussion of reparations for slavery has ignited debate worldwide. Transformative justice is a philosophical way of handling conflict and violence. It looks to provide immediate safety, long-term healing, and reparations for victims. Transformative justice attempts to hold those who commit the violence accountable by ending the immediate abuse, committing to avoid abuse in the future, and offering reparations for past abuse. “For reparations to be meaningful, or at least for them to be meaningfully transformative, there needs to be a focus on both the process and outcomes of reparations programs. Moreover, reparations programs need to consider what the intended recipients want and need” (Evans and Wilkes 139). This thought process has led officials to take different approaches to provide reparations, including different policies and procedures beyond exclusively financial payments. -
The Border South and the Secession Crisis, 1859-1861 Michael Dudley Robinson Louisiana State University and Agricultural and Mechanical College
Louisiana State University LSU Digital Commons LSU Doctoral Dissertations Graduate School 2013 Fulcrum of the Union: The Border South and the Secession Crisis, 1859-1861 Michael Dudley Robinson Louisiana State University and Agricultural and Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_dissertations Part of the History Commons Recommended Citation Robinson, Michael Dudley, "Fulcrum of the Union: The Border South and the Secession Crisis, 1859-1861" (2013). LSU Doctoral Dissertations. 894. https://digitalcommons.lsu.edu/gradschool_dissertations/894 This Dissertation is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Doctoral Dissertations by an authorized graduate school editor of LSU Digital Commons. For more information, please [email protected]. FULCRUM OF THE UNION: THE BORDER SOUTH AND THE SECESSION CRISIS, 1859- 1861 A Dissertation Submitted to the Graduate Faculty of the Louisiana State University and Agricultural and Mechanical College In partial fulfillment of the Requirements for the degree of Doctor of Philosophy in The Department of History by Michael Dudley Robinson B.S. North Carolina State University, 2001 M.A. University of North Carolina – Wilmington, 2007 May 2013 For Katherine ii Acknowledgements Throughout the long process of turning a few preliminary thoughts about the secession crisis and the Border South into a finished product, many people have provided assistance, encouragement, and inspiration. The staffs at several libraries and archives helped me to locate items and offered suggestions about collections that otherwise would have gone unnoticed. I would especially like to thank Lucas R. -
Freedom and Unfreedom in the “Garden of America:”
FREEDOM AND UNFREEDOM IN THE “GARDEN OF AMERICA:” SLAVERY AND ABOLITION IN NEW JERSEY, 1770-1857 by James J. Gigantino II (Under the Direction of Allan Kulikoff) ABSTRACT This dissertation examines abolition in New Jersey between 1770 and 1857. It argues that the American Revolution did not lead white New Jerseyans to abolish slavery. Instead, the Revolutionary War and the years following it reinforced the institution of slavery in the Garden State. This dissertation first focuses on the factors that led New Jersey to pass the Gradual Abolition Act of 1804, specifically the rise of Jeffersonian Republicanism and the influence of Quaker abolition activists and then examines the elongated abolition period which followed the enactment of gradual abolition, beginning with the role of the children born under the law, those who I call slaves for a term. The role these children played in early national America challenges our understandings of slavery and freedom. Instead of a quick abolition process, slaves and slaves for a term in New Jersey continued to serve their masters in significant numbers until the 1840s and then in smaller proportions until the eve of the Civil War. The existence of slavery in a free state challenges our understanding of the rise of capitalism in the early republic as well as the role the North played in debates over nationwide slavery issues beginning in the 1820s. This long-standing relationship to slavery helped prevent the formation of a strong abolitionist base in the 1830s and influenced Northern images of African Americans until the Civil War. Abolition in the North became very much a process, one of fits and starts which stretched from the Revolution to the Civil War and defined how Americans, white and black, understood their place in the new republic. -
Amending America Exhibit Shows How Changes in the Constitution Affect the Way Our Democracy Works
The first page of the Senate’s markup of the House-passed Bill of Rights, the first 10 amendments to the Constitution, ratified in 1791. “Article the First” was never ratified. The third and fourth articles were combined by the Senate into what it now the First Amendment. The second article, dealing with the pay of members of Congress, was ratified more than two centuries after it was sent to the states, in 1992. Amending America Exhibit Shows How Changes in the Constitution Affect the Way Our Democracy Works By Christine Blackerby hat if we elected the President of the United WStates by lot—by pulling a ball representing a candidate out of a bowl? A constitutional amendment introduced in Congress in 1846 proposed precisely that. In 1838, one member of Congress shot another, prompting the introduction of an amendment to the Constitution to deny public office to duelers. A citizen wrote to Congress in 1963 to advocate for a constitutional amendment to require that Americans “tell the truth, the whole truth, and nothing but the truth.” Anyone who failed in that duty would be sen- tenced to 20 years of hard labor. These are just a few of the more than 11,000 consti- tutional amendments that have been proposed in Con- gress since the Constitution was written in 1787. Some of them were proposed to call attention to an issue, some as satire, some to allow a member of Congress to take a political stand, and some were very serious appeals to resolve pressing problems. Left: A mural by Barry Faulkner in the Rotunda of the National Archives Building depicts James Madison handing a copy of the Constitution to George Washington (far right). -
Slavery and Emancipation In
The Pennsylvania State University The Graduate School The College of the Liberal Arts HOUSEHOLDS BUILT ON SHIFTING SANDS: SLAVERY AND EMANCIPATION IN THE LOYAL WESTERN BORDER STATES A Dissertation in History by Anne Y. Brinton © 2011 Anne Y. Brinton Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy December 2011 The dissertation of Anne Y. Brinton was reviewed and approved* by the following: William A. Blair The College of the Liberal Arts Research Professor Dissertation Advisor Chair of Committee Anthony E. Kaye Associate Professor of History Nan E. Woodruff Professor of History Lovalerie King Associate Professor of English and Women’s Studies and Director of the Africana Research Center David G. Atwill Professor of History and Director of Graduate Studies *Signatures are on file in the Graduate School. ii ABSTRACT This dissertation engages with recent scholarship on the slaveholding household and on struggles over the terms of labor as slavery underwent its internal collapse. Slavery stood at the crux of Border State political economies and political identities on the eve of Civil War. Vigorous markets in hiring and sale distributed widespread access to enslaved labor, disrupted black familial and social life, and stood as a terrain of struggle across which both white and black identities were articulated. Border State emancipation, no less traumatic than its Confederate counterpart(s), nonetheless took a different path. Recent scholars have observed that in much of the Confederacy, wartime emancipation was neither secure nor absolute. In the loyal Border States, it was more fraught yet. Slaves and ex-slaves struggled to navigate the overlapping terrains of federal policy, civil law, and the market in their labor as they began to lay the material and ideological foundations of free households. -
The Counter Revolution of 1861 and the Cause of Conflict
The counter revolution of 1861 and the cause of conflict By: Haneen Amer Lincoln’s Election ● 1860; Lincoln elected as first republican president ● Southern states immediately began to secede from union ● Lincoln strongly supported in North and Midwest ● Won majority of electoral votes but only 40% overall vote ● Stated that he didn’t plan to interfere with existing slavery in the US ● Supported Corwin Amendment Southern Succession ❏ South convinced that Lincoln would abolish slavery ● The South was rural, agricultural society - needed people to work fields on farms and plantations - used slaves as labor since seventeenth century; considered them essential to economy economy ● North more industrialized - Didn’t have as much farmland - Relied on immigrant-based factory labor ❏ Seven states seceded from Union before Lincoln’s inauguration, and four others later joined them as well First states to secede: 1. South Carolina 2. Mississippi 3. Florida 4. Alabama 5. Georgia 6. Louissianna 7. Texas Southern Succession Formed Confederacy in 1861 Reasons for succession: ● To preserve and keep slavery ● Establish Southern autonomy (wanted to govern itself) from the U.S. federal government ● Ensure sovereignty of individual Southern states before a central government 1. Southern Succession Drafted provisional constitution (took four days) that: ● strengthened position of individual states in respect to federal government ● Guaranteed protection of slavery and interstate slave trade (no foreign slave trade) States that seceded later: 1. Virginia 2. Arkansas 3. North Carolina 4. Tennessee Holding on to the border states ❏ The border states were slave states that did not join confederacy ❏ These states aided Union via the advantage in troops, factories, and money ● These states were: 1. -
Citizen Legal Reference Materials
[167] C C. Roman numeral for 100. At one time, the letter "C" was branded on the forehead as a punishment for counterfeiting, in Rhode Island. c. Abbreviation for cent or cents; capacity; centimeter; century; chapter; chancellor; cubic; hundredweight; and, in rare instances, court; a symbol for " copyright," in a notice of copyright, where inclosed within a circle, thus © . 18 Am J2d Copyr § 58; a brand mark placed upon chattels belonging to the United States, previously branded US, where they are offered for sale, which is usually after they have been inspected and condemned for government use. 46 Am J1st Sales § 311. C. An abbreviation, infrequently used, for Corps; Court; or Chancellor. ca. An abbreviation of the Latin word "circa," meaning "about." It is often used with dates, as circa 1492, or ca. 1492. C.A. Abbreviation for Court of Appeals. C/A. Abbreviation for current account. CAA. Abbreviation for Civil Aeronautics Authority. cab. See taxicab. cabal. A junto; a small political faction. caballeria. A Mexican term for the measure of a tract containing 105.75 acres. Ainsa v United States, 161 US 219, 40 L Ed 677, 16 S Ct 544. caballero. Gentleman. cabaret. A restaurant wherein alcoholic beverages are served; a restaurant with instrumental music and singing. cabinet. A body of officials forming all advisory council, the most illustrious of which is the Cabinet of the President of the United States, consisting of the heads of the Departments of Government. cabinet council. A council of cabinet members held privately to consider public matters. cable. Noun: A heavy rope, often made of wire; an underground or underseas bundle of wires in insulation used for the transmission of messages by telegraph or telephone.