STATE PERSONAL LIBERTY LAWS•The laws were designed to protect free blacks, freedmen, and fugitive slaves by effectively nullifying the Fugitive Slave Law of 1793 and 1850. This was done through provisions such as forbidding the use of state jails to imprison alleged fugitives, to prevent state officials from enforcing the strict law, and compelling slave bounty hunters to furnish corroborative proof that his captive was a fugitive, as well as according the accused the rights to trial by jury and appeal. •Notably, Massachusetts, New York, Pennsylvania, Ohio, Vermont, Michigan and Wisconsin had such laws.•New Jersey did not have a personal liberty law
WHAT TO LOOK FOR IN THE MOVIE•According to Twain, which has the most influence on character: nature or nurture?•Why are Italian twins, Angelo and Luigi in this story?•What role does science play in this story?•What do you think of Roxy and what she does.•Is this a detective story, a courtroom drama or both.
•Is this a racist story or a story about race? •What is Twain’s position on race? •Who is the hero of Pudd’nhead Wilson? Does it have a hero? What makes him or her heroic?•Was the ending of the novel satisfactory for you? •In what ways is it logical or emotionally satisfying (or unsatisfying)?
DRED SCOTT“A Self-Inflicted Wound”Chief Justice Charles Evan Hughes
ISSUES IN DRED SCOTT•ULTIMATE QUESTION - DID DRED SCOTT BECOME FREE BY LIVING IN FREE TERRITORIES OR STATES•SUBSIDIARY QUESTIONS•COULD/SHOULD FEDERAL COURTS CREATE FEDERAL COMMON LAW OF FREEDOM•DID FEDERAL COURTS HAVE JURISDICTION OVER DISPUTE BETWEEN ENSLAVED AND OWNER•DID FEDERAL GOVERNMENT HAVE RIGHT TO BAN SLAVERY IN TERRITORIES. WAS THE MISSOURI COMPROMISE CONSTITUIONAL?
JURISDICTION•JURISDICTION REFERS TO COURT’S POWER TO RESOLVE PARTICULAR DISPUTE•JURISDICTION OVER PARTICULAR TERRITORY•JURISDICTION OVER PERSONS•JURISDICTION OF TYPES OF DISPUTES - SUBJECT MATTER JURISDICTION
FEDERAL COURTSLIMITED JURISDICTION•FEDERAL QUESTIONS - DISPUTES ARISING UNDER FEDERAL LAW. PRIOR TO 1875, NEEDED SPECIFIC GRANT OF JURISDICTION. AFTER 1875, JURISDICTION OVER GENERAL FEDERAL QUESTIONS.•DIVERSITY•PARTIES CITIZENS OF DIFFERENT STATES•AMOUNT IN CONTROVERSY IN EXCESS OF STATUTORY AMOUNT. INITIALLY $500, NOW $75,000
FEDERAL COURT STRUCTURECIRCA 1857•DISTRICT COURT – MINOR TRIALS•CIRCUIT COURT – MAJOR TRIALS•SUPREME COURT – •APPEALS FROM HIGHEST STATE COURTS AND FROM CIRCUIT COURT•LIMITED ORIGINAL JURISDICTION OF DISPUTES BETWEEN STATES
DRED SCOTT’S TRAVELS•Scott was born in Virginia around 1799. His master was Peter Blow. •In 1830, Scott and Blow moved from Alabama to Missouri.