University, court, and slave : proslavery academic thought and southern jurisprudence, 1831-1861 PDF
Preview University, court, and slave : proslavery academic thought and southern jurisprudence, 1831-1861
i University, Court, and Slave ii iii University, Court, and Slave Pro-slavery Thought in Southern Colleges and Courts and the Coming of Civil War ALFRED L. BROPHY 1 iv 1 Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries. Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America. © Oxford University Press 2016 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose this same condition on any acquirer. Library of Congress Cataloging- in- Publication Data Names: Brophy, Alfred L., author. Title: University, court, and slave : pro-slavery thought and southern colleges and the coming of Civil War / Alfred L. Brophy. Description: New York, NY : Oxford University Press, 2016. Identifiers: LCCN 2016009495 (print) | LCCN 2016011052 (ebook) | ISBN 9780199964239 (hardcover : alk. paper) | ISBN 9780199964246 (E-book) | ISBN 9780190263614 (E-book) | ISBN 9780190625931 (Online Component) Subjects: LCSH: Slavery—Law and legislation—United States—History— 19th century. | Jurisprudence—Southern States—History—19th century. | Southern States—Intellectual life—19th century. Classification: LCC KF4545.S5 B76 2016 (print) | LCC KF4545.S5 (ebook) | DDC 342.7308/7—dc23 LC record available at http://lccn.loc.gov/2016009495 1 3 5 7 9 8 6 4 2 Printed by Sheridan Books, Inc., United States of America v For Barbara F. Thompson, my favorite librarian vi vii CONTENTS Timeline ix Preface xiii Acknowledgments xxi Illustrations xxv Introduction 1 PART I THE CONTOURS OF ACADEMIC PRO-SLAVERY THOUGHT 1. The Rebel and the Professor: Nat Turner, Thomas Roderick Dew, and the Utility of Slavery 21 2. Pro-slavery Academic Thought in the 1840s and 1850s 48 3. The Southern Scholar 97 4. Brown University’s President Confronts Slavery 131 5. The Chancellor, the Slave, and the Student 146 PART II CONNECTING MORAL PHILOSOPHY AND LEGAL THOUGHT 6. The Fugitive Slave Act of 1850: The Grammar of Pro-slavery Thought 159 7. The Novelist and the Jurist: Harriet Beecher Stowe’s Jurisprudence of Sentiment 182 vii viii viii Contents PART III THE CORE OF SOUTHERN LEGAL THOUGHT 8. Beyond State v. Mann: Thomas Ruffin’s Jurisprudence 197 9. Joseph Henry Lumpkin: Industrialism and Slavery in the Old South 212 10. Pro-slavery Jurisprudence: Thomas Reade Roots Cobb’s An Inquiry into the Law of Negro Slavery 227 11. “The dictate of a wise policy”: Judicial Opposition to Freedom 254 12. Slavery, Property, and Constitutionalism in the Secession Debates 275 Notes 297 Index 363 ix TIMELINE 1776 Declaration of Independence 1790 Thomas Ruffin born 1795 Dred Scott born in Southampton, Virginia 1800 Nat Turner born in Southampton, Virginia 1804 Haitian revolution ends and Haiti becomes a separate country 1808 Congress outlaws importation of enslaved people into United States 1817 American Colonization Society founded 1820 Missouri Compromise 1825 John Robinson leaves seventy-t hree people and his plantation to Washington College 1827 Francis Wayland becomes president of Brown University 1829 David Walker’s Appeal published 1830 North Carolina Justice Thomas Ruffin delivers State v. Mann opinion 1831 Nat Turner Rebellion 1832 Debate in Virginia legislature over slavery William Gaston opposes slavery in speech at University of North Carolina Professor Thomas R. Dew publishes pro-slavery Review of the Debate in the Legislature Jesse Harrison publishes response to Dew 1834 Nathaniel Beverley Tucker becomes law professor at William and Mary Slavery abolished in British West Indies North Carolina Justice William Gaston delivers State v. Will opinion 1835 Brown President Francis Wayland publishes Elements of Moral Science American Anti- Slavery Society begins widespread distribution of litera- ture in the South through the U.S. mail 1836 Centre College president John Young opposes slavery in address at Miami University of Ohio ix
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