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Popular Sovereignty, Slavery in the Territories, and the South, 1785-1860
Louisiana State University LSU Digital Commons LSU Doctoral Dissertations Graduate School 2010 Popular sovereignty, slavery in the territories, and the South, 1785-1860 Robert Christopher Childers 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 Childers, Robert Christopher, "Popular sovereignty, slavery in the territories, and the South, 1785-1860" (2010). LSU Doctoral Dissertations. 1135. https://digitalcommons.lsu.edu/gradschool_dissertations/1135 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]. POPULAR SOVEREIGNTY, SLAVERY IN THE TERRITORIES, AND THE SOUTH, 1785-1860 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 Robert Christopher Childers B.S., B.S.E., Emporia State University, 2002 M.A., Emporia State University, 2004 May 2010 For my wife ii ACKNOWLEDGMENTS Writing history might seem a solitary task, but in truth it is a collaborative effort. Throughout my experience working on this project, I have engaged with fellow scholars whose help has made my work possible. Numerous archivists aided me in the search for sources. Working in the Southern Historical Collection at the University of North Carolina at Chapel Hill gave me access to the letters and writings of southern leaders and common people alike. -
1835. EXECUTIVE. *L POST OFFICE DEPARTMENT
1835. EXECUTIVE. *l POST OFFICE DEPARTMENT. Persons employed in the General Post Office, with the annual compensation of each. Where Compen Names. Offices. Born. sation. Dol. cts. Amos Kendall..., Postmaster General.... Mass. 6000 00 Charles K. Gardner Ass't P. M. Gen. 1st Div. N. Jersey250 0 00 SelahR. Hobbie.. Ass't P. M. Gen. 2d Div. N. York. 2500 00 P. S. Loughborough Chief Clerk Kentucky 1700 00 Robert Johnson. ., Accountant, 3d Division Penn 1400 00 CLERKS. Thomas B. Dyer... Principal Book Keeper Maryland 1400 00 Joseph W. Hand... Solicitor Conn 1400 00 John Suter Principal Pay Clerk. Maryland 1400 00 John McLeod Register's Office Scotland. 1200 00 William G. Eliot.. .Chie f Examiner Mass 1200 00 Michael T. Simpson Sup't Dead Letter OfficePen n 1200 00 David Saunders Chief Register Virginia.. 1200 00 Arthur Nelson Principal Clerk, N. Div.Marylan d 1200 00 Richard Dement Second Book Keeper.. do.. 1200 00 Josiah F.Caldwell.. Register's Office N. Jersey 1200 00 George L. Douglass Principal Clerk, S. Div.Kentucky -1200 00 Nicholas Tastet Bank Accountant Spain. 1200 00 Thomas Arbuckle.. Register's Office Ireland 1100 00 Samuel Fitzhugh.., do Maryland 1000 00 Wm. C,Lipscomb. do : for) Virginia. 1000 00 Thos. B. Addison. f Record Clerk con-> Maryland 1000 00 < routes and v....) Matthias Ross f. tracts, N. Div, N. Jersey1000 00 David Koones Dead Letter Office Maryland 1000 00 Presley Simpson... Examiner's Office Virginia- 1000 00 Grafton D. Hanson. Solicitor's Office.. Maryland 1000 00 Walter D. Addison. Recorder, Div. of Acc'ts do.. -
Politics, the Judiciary Act of 1789, and the Invention of the Federal Courts
Duke Law Journal VOLUME 1989 DECEMBER NUMBER 6 "TO ESTABLISH JUSTICE": POLITICS, THE JUDICIARY ACT OF 1789, AND THE INVENTION OF THE FEDERAL COURTS WYTHE HOLT* TABLE OF CONTENTS I. Why Do We Have the National Judiciary We Have? . 1422 A. Unnoticed National JudiciaryPuzzles .................. 1422 * University Research Professor of Law, University of Alabama School of Law. B.A., 1963, Amherst College; J.D., 1966, Ph.D., 1979, University of Virginia. This essay is copyrighted by the author, who reserves all rights thereto. The author is grateful to Dean Nathaniel Hansford and the University of Alabama School of Law for their generous support of several years of research that forms the basis of this essay, and for a sabbatical leave that also in part supported the research for this essay. The author is most grateful to Charlene Bickford, Kenneth Bowling, Helen Veit, and their colleagues at the Documentary His- tory of the First Congress project at George Washington University, who graciously made available their magnificent collection of materials and have been kind enough to advise, assist, and cheer the author on many occasions. The author gratefully acknowledges the assistance of Jim Buchanan, Christine Jordan, Maeva Marcus, Jim Perry, Steven Tull, and their associates at the Documentary History of the United States Supreme Court, 1789-1800 project, for generously giving time, advice, and expertise, and allowing the author to supplement his research for this essay with their fine collection. William Casto, Eugene Genovese, L.H. La Rue, and Sandra Van Burkleo commented generously, helpfully, and often persuasively upon earlier drafts. Finally, the author gratefully ac- knowledges the expert aid, pleasantness, and unfailing good cheer extended to the author by the many librarians and research aides at the numerous repositories cited in this essay. -
Life, Liberty, and the Pursuit of Happiness" in Our Constitutional Jurisprudence: an Exercise in Legal History
William & Mary Bill of Rights Journal Volume 20 (2011-2012) Issue 2 Article 4 December 2011 Restoring "Life, Liberty, and the Pursuit of Happiness" in Our Constitutional Jurisprudence: An Exercise in Legal History Patrick J. Charles Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Legal History Commons Repository Citation Patrick J. Charles, Restoring "Life, Liberty, and the Pursuit of Happiness" in Our Constitutional Jurisprudence: An Exercise in Legal History, 20 Wm. & Mary Bill Rts. J. 457 (2011), https://scholarship.law.wm.edu/wmborj/vol20/iss2/4 Copyright c 2011 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj RESTORING “LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS” IN OUR CONSTITUTIONAL JURISPRUDENCE: AN EXERCISE IN LEGAL HISTORY Patrick J. Charles* INTRODUCTION .................................................458 I. PLACING THE DECLARATION IN LEGAL AND HISTORICAL CONTEXT .....461 II. A BRIEF HISTORIOGRAPHY OF “LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS” AS A MATTER OF LEGAL THOUGHT, WITH A FOCUS ON “HAPPINESS” ...............................................470 III. PLACING THE INTERRELATIONSHIP OF “LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS” IN THE CONTEXT OF AMERICAN CONSTITUTIONALISM ...477 A. Restoring the True Meaning of the Preservation of “Life, Liberty, and the Pursuit of Happiness” in Constitutional Thought .............481 B. “Life, Liberty, and the Pursuit of Happiness” and the Embodiment of the Representative Government ..............................490 C. Eighteenth-Century Legal Thought and the Constitutional Theory Behind Preservation of “Life, Liberty, and the Pursuit of Happiness” ......502 IV. APPLYING THE PRESERVATION OF “LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS” TO MODERN CONSTITUTIONALISM .....................517 CONCLUSION—OUR HAPPY CONSTITUTION ...........................523 * Patrick J. -
The Founders on the Founders : Word
INTRODUCTION TO THE FOUNDERS ON THE FOUNDERS : WORD PORTRAITS FROM THE AMERICAN REVOLUTIONARY ERA BY JOHN P. KAMINSKI The Founders were extraordinary individuals--they were not cold statues. The fog of fame and time, however, has obscured them as flesh and blood human beings. Most of us think of them only as a group--the Founders--not as individuals with their own personalities, strengths and weaknesses. Those who do warrant individual attention have become caricatures. How many Americans know the real Washington, Franklin, and Jefferson; let alone Madison, Jay, and Hamilton? Occasionally we have been blessed or cursed with a public television documentary on the life of one or another of these Founders. Often they are filled with almost as many errors as facts. Before the Revolution most of the Founders pictured their ancestors--not themselves--as special individuals who braved the treacherous trans-Atlantic voyage and the subsequent travails of a hostile new, often unforgiving land. Once the Revolutionary movement was well underway, however, the Founders came to appreciate their own unique place in history. It was their “lot to live in perplexing and eventful times.” 1 John Adams wrote that “I am but an ordinary Man. The Times alone have destined me to Fame.” 2 Thomas Jefferson believed that “Nature intended me for the tranquil pursuits of science, by rendering them my supreme delight. But the enormities of the times in which I have lived, have forced me to take a part in resisting them, and to commit myself on the boisterous ocean of political passions.” 3 Speaking for his contemporaries, Adams wrote that “We of this Generation are destined to Act a painful and a dangerous Part, and We must make the best of our Lot.” 4 Adams denigrated the “Idea of the great Men . -
Co R\). 595 HISTORY of CONGRESS
\0 rtY\Y\o..\s o~ Co r\). 595 HISTORY OF CONGRESS. 596 597 H. OF R. Case 0/ .Tonathan Robbins. MARCH, 1800. ingston, Nathaniel Macon, Peter Muhlenberg, An Platt, John Randolph, Samuel Sewall, John Smilie, but he h thony New, John Nicholas, Joseph H. Nicholson, John John Smith, David Stone, Thomas Sumter, Benjamin not bee'n Randolph, John Smilie, John Smith, Samuel Smith, Taliaferro, George Thatcher, Abram Trigg, John Trigg, sive. FJ Richard Dobbs Spaight, Richard Stanford, David Stone, to shed Philip Van Cortlandt, Joseph B. Varnum, Peleg Wads tIlea~g-u Thomas Sumter, Benjamin Taliaferro, John Thomp. worth, and Robert Williams. son, Abram Trigg, John Trigg, Philip Van Cortlandt, N..l.Ys-Theodorus Bailey, Jonathan Brace, SllIlluel been ass Joseph B. Varnum, and Robert Williams. J. Cabell, Gabriel Christie, William Craik, John Den men of 1 N..l.Ys-George Baer, Bailey Bartlett, James A. Bay nis, George Dent. Joseph Eggleston, Thomas Evans, not thin ard, Jonathan Brace, John Brown, Christopher G. Samuel Goode, William Gordon, Edwin Gray, An voted to Champlin, William Cooper, William Craik, John drew Gregg, William Barry Grove, John A. Hanna, taiued il Davenport, Franklin Davenport, John Dennis, George Archibald Henderson, William H. Hill, James Jones, those a( Dent, Joseph Dickson, William Edmond, Thomas Aaron Kitchell, Matthew I.yon, James Linn, Abra ing to d Evans, Abiel Foster, Dwight Foster, Jonathan Free ham Nott, Harrison G. Otis, Robert Page, Josiah Par in supp maq.,Henry Glen, Cha cey Goodrich, Elizur Goodrich, ker, Thomas Pinckney, Leven Powell, John Reed, order in William Gordon, liam H. -
H. Doc. 108-222
34 Biographical Directory DELEGATES IN THE CONTINENTAL CONGRESS CONNECTICUT Dates of Attendance Andrew Adams............................ 1778 Benjamin Huntington................ 1780, Joseph Spencer ........................... 1779 Joseph P. Cooke ............... 1784–1785, 1782–1783, 1788 Jonathan Sturges........................ 1786 1787–1788 Samuel Huntington ................... 1776, James Wadsworth....................... 1784 Silas Deane ....................... 1774–1776 1778–1781, 1783 Jeremiah Wadsworth.................. 1788 Eliphalet Dyer.................. 1774–1779, William S. Johnson........... 1785–1787 William Williams .............. 1776–1777 1782–1783 Richard Law............ 1777, 1781–1782 Oliver Wolcott .................. 1776–1778, Pierpont Edwards ....................... 1788 Stephen M. Mitchell ......... 1785–1788 1780–1783 Oliver Ellsworth................ 1778–1783 Jesse Root.......................... 1778–1782 Titus Hosmer .............................. 1778 Roger Sherman ....... 1774–1781, 1784 Delegates Who Did Not Attend and Dates of Election John Canfield .............................. 1786 William Hillhouse............. 1783, 1785 Joseph Trumbull......................... 1774 Charles C. Chandler................... 1784 William Pitkin............................. 1784 Erastus Wolcott ...... 1774, 1787, 1788 John Chester..................... 1787, 1788 Jedediah Strong...... 1782, 1783, 1784 James Hillhouse ............... 1786, 1788 John Treadwell ....... 1784, 1785, 1787 DELAWARE Dates of Attendance Gunning Bedford, -
The National Society Sons of the American Revolution
OFFICIAL BULLETIN OF 20 OFFICIAL BULLETIN WILLIE EARL WEEKS, New Orleans, La. (31697). Great-grandson of Thomas The National Society Weeks, Captain, Acting Paymaster, Mass. Militia. OF THE CHARLES LEWIS WElT, Port Huron, Mich. (31595) .. Supplementals. Great'. grandson of George Tuttle, Captain, Col. Stephen Evans's New Hampshire Regt.; great'·grandson of Jol"' Gile, First Lieutenant, Col. John \Valdron's Sons of the New Hampshire Regt. CHARLES YATES WILMARTH, Yokohama, Japan (N.Y. 31646). Great3·granct. American Revolution son of Daniel Wilmarth, Corporal, Col. John Daggett's Mass. Regt. CHARLES ADAMS WOOD, Boston, Mass. (31915). Great'-grandson of Abijah Organized April 30, 1889. Incorporated by Ac.t of Cona:ress, june 9, 1906 Wood, private, Col. Samuel Bullard's Mass. Regt. President General 3 RALPH JULIUS WOOD, Chicago, Ill. (31890). Great -grandson of Elisha 'Joker LOUIS ANNIN AMES, gg Fulton St., New York City private, Capt. Hubbard Burrows's Company Eighth Regt. Conn. Militia; grandson of Isaac Griswold, private, Cot. Isaac Wyman's New Hampshire Volume XIII MARCH, 1919 Number 4 JOliN MILL WRIGHT, Grand Rapids, Mich. (31978). Great3-grandson of M >s" Montague, Captain of Minute Men, Col. Ruggles Woodbridge's Mass. Regt. Published at the office of the Secretary General (William S . Parks, The Farragut). Wash PAUL EMERSON WRIGHT, Grand Rapids, Mich. (31979). Great•-grandson of ington, D. C., in June, October, December, and March. Moses ll1o11tagJte, Captain of Minute Men, Col. Ruggles \Voodbridge's Mass. Entered aa aecond-claaa matter. May 7, 1908, at the post-office at Washington. D. C .. Regt. under the Act of July 16, 1694. -
Calculated for the Use of the State of Massachusetts-Bay
Mil Digitized by tine Internet Arcliive in 2009 witli funding from University of IVIassacliusetts, Boston Iittp://www.arcliive.org/details/pocketalmanackfo1807amer jB^''^^mfff^fi^i!!uiutiXj»f^;'^' ^^ ^p^i:^"P^^^ Bf^taSH THE J i MASSACHUSETTS i f AND United States Calendar; For the Year of our LORD 180 7, and the Thiity-firft oi American Indetendence, CONTAINING Civil, Ecde^ajlical, Judkial, and Military Lifts in MASSACHUSETTS ; AssaciATioNs, and Corporate Institutions, for littraiy, ag ncuUural, <ind cUariiablt Furpoitb, I Lijl of PoiT-TowNS in Majjachufdts^ with I'm 'I' Names of tkt Post-Masters. I ALSO, Catalogues of the Officers of the .1 GENERAL GOVERNMENT, With its feveral Deparanents and Eitablirhnicnts ; Time^ o^ the Siumgi. of the feveral Courts ; Goveinors in each State , PuDiic Duties, (&:c. USEFUL TABLES; And a Variety of oiher interefting Articles. 1> BOSTON : t Publilhcd by JOHN \\EsT, and MANNING & LORINO. Sold, wholcfale and retail, at their Book Stores, Cornhill. > fS^tpSfx^arSgSi^i^ci .^j^Ad^xasw^^^o* , — : ECLIPSES FOR 1807. THER£ will be four Eclipfcs this year; two of the Sun anJ iwc of the Mooo. as follows : I. The firft will he of the Moon, May 21ft, lih.^SiiN in the mornuig ; and of courfe invifible. II. 7 he fecond will be of the Sun, June 6th, oh. 40m. in the morning ; which will llkewift; be invi^ble in rhp wellern conrnieHt, bnt vifible and central in the fouthein p^ri s of the Eh(1 Indirs. ' HI. The third will be a vifible eclipfe of the Moon, November 15th ; and by calculation as follows ^. -
Courier Gazette Tuesday, August 13 1895
T he Courier-Gazette. ROCKLAND, M AINE, TUESDAY, AUGUST 13,1895. V o l u m e 5 0 . N'omhkk 3 2 . Tlie Courier-Gazette Goes Regularly Into M ore Fam ilies in Knox County Than zVny Other Paper Puhlislied the Confederate leaders were clamoring for DROWNING ACCIOENT artillery, but none came. Highest Of all in Leavening Power.— L atest V . S. Gov’t Report Maj.-Gen. Iliram G. Berry Shortly after 4 o’clock the firing ceased along the whole front, but the enemy showed A Row Boat Upsets and a Young Mao Finds a no disposition to withdraw from the field. It Water/ Gram-Companion Saved. A BIOGRAPHY was evident that a fresh attack was impending, and the Union generals made disposition of A drowning accident occurred Friday Baking Written fo r the Courier-Gazette by Edward K. Gould their forces to meet it. At 6 o’clock the enemy suddenly opened upou Couch and fop. shortly after noon in the harbor, in front ot ter with the; whole of his artillery, the Simpson House. Two young men, Walter I Lotbrup and Eddie Cables, were in a rowboat (Begun in No. 8. Back numbers can be had,] and at once began pushing forward columns a T D R IN K ' and jttte.pptcd to change scats. The water Powder of attack to carry the hill. Brigade after XXV brigade formed under cover of the woods and was rough and the boat Upset. The young agcous conduct in leading this charge and started At a run to cross the open space and men clung to the boat for awhile, but Cables - - After the battle Of Gaines Mills arrange grew weak and slipped off. -
Northern Kentucky Law Review
NORTHERN KENTUCKY LAW REVIEW Volume 10 1982 Number 1 SECOND AMENDMENT SYMPOSIUM: RIGHTS IN CONFLICT IN THE 1980'S' ARTICLES THE HANDGUN CRIME CONTROL ACT OF 1981 ..................... 1 Senator Edward M. Kennedy To KEEP AND BEAR THEI PRIVATE ARMS: THE ADOPTION OF THE SEC- OND AMENDMENT, 1787-1791 ................................... 13 Stephen P. Halbrook MANUFACTURERS' AND SUPPLIERS' LIALITY TO HANDGUN VICTIMS... 41 Windle Turley To PRESERVE LmERTY - A LOOK AT THE RIGHT TO KEEP AND BEAR A RM S ... .... ... .... .. ..... .... ..... .. ...... .... .... .... ... .... 6 3 Richard E. Gardiner,National Rifle Association HANDGUN CONTROL BY LOCAL GOVERNMENT ...................... 97 Martin C. Ashman, Attorney for Morton Grove, Ill. GUN OWNERSHW: A CONSTITUTIONAL RIGHT ...................... 113 Alan M. Gottlieb, Second Amendment Foundation GUNS, CRIME AND THE NEGLIGENT GUN OWNER ................... 141 Samuel Fields, Foundationfor Handgun Education SECOND AMENDMENT SURVEY ................................... 155 DEDICATION Implicit in a discussion of the second amendment, or any topic for that matter, is the recognition of the importance of the first amendment: the primary prerequisite to our participation in any discussion is the realization that we have the right to discuss. As we read these articles written by our honored contributors, let us rededicate ourselves, as lawyers and as citizens, to the vigorous protection of our most fundamental and necessary right - the right to disagree. This issue would not have been possible without the enormous and continuously excellent contributions by the members, editors and advisors of the Northern Kentucky Law Review. Their re- search, corrections, editing, suggestions, insights and encourage- ment transformed an idea into a successful project. They should all be proud of their efforts. In addition, I would like to thank my husband, Jim Roberts, for his constant encouragement during this year and throughout this project, with special thanks for his help with our daughter, Kerry, whose birth coincided with that of this issue. -
A Neo-Blackstonian Critique Saul Cornell
Maryland Law Review Volume 67 | Issue 1 Article 12 The Original Meaning of Original Understanding: a Neo-blackstonian Critique Saul Cornell Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mlr Part of the Constitutional Law Commons Recommended Citation Saul Cornell, The Original Meaning of Original Understanding: a Neo-blackstonian Critique, 67 Md. L. Rev. 150 (2007) Available at: http://digitalcommons.law.umaryland.edu/mlr/vol67/iss1/12 This Conference is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. \\server05\productn\M\MLR\67-1\MLR110.txt unknown Seq: 1 14-DEC-07 12:33 THE ORIGINAL MEANING OF ORIGINAL UNDERSTANDING: A NEO-BLACKSTONIAN CRITIQUE SAUL CORNELL* The emergence of a new variant of constitutional originalism has been heralded by its supporters as a major step forward in constitu- tional theory. The new originalism claims to have met the profound objections leveled at earlier versions of this theory by shifting atten- tion away from a focus on the subjective belief of the Framers of the Constitution.1 Rather than concentrate on original intent, this “new” method focuses on the plain meaning the text would have had to Americans at the time it was adopted.2 Randy Barnett, one of the leading partisans of this method, describes it as follows: “In constitu- tional interpretation, the shift is from the original intentions, or will of the lawmakers, to the objective original meaning that a reasonable listener would have placed on the words used in the constitutional provision at the time of its enactment.”3 Ironically, this new variant of originalism may be at odds with the dominant modes of constitutional interpretation in place at the time the Constitution was debated and ratified.4 This new theory is also subject to challenge on methodologi- cal grounds as well.