The Constitution in Congress
Descent into the Maelstrom, 1829-1861
344 pages
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6_5/8 x 9_3/8
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© 2005
This acclaimed series serves as a biography of the U.S. Constitution, offering an indispensable survey of the congressional history behind its development. In a rare examination of the role that both the legislative and executive branches have played in the development of constitutional interpretation, The Constitution in Congress shows how the actions and proceedings of these branches reveal perhaps even more about constitutional disputes than Supreme Court decisions of the time.
The centerpiece for the fourth volume in this series is the great debate over slavery and how this divisive issue led the country into the maelstrom of the Civil War. From the Jacksonian revolution of 1829 to the secession of Southern states from the Union, legal scholar David P. Currie provides an unrivaled analysis of the significant constitutional events—the Wilmot Proviso, the Compromise of 1850, the Kansas-Nebraska Act, the Lincoln-Douglas Debates, and "Bleeding Kansas"—that led up to the war. Exploring how slavery was addressed in presidential speeches and debated in Congress, Currie shows how the Southern Democrats dangerously diminished federal authority and expanded states' rights, threatening the nation's very survival.
Like its predecessors, this fourth volume of The Constitution in Congress will be an invaluable reference for legal scholars and constitutional historians alike.
The centerpiece for the fourth volume in this series is the great debate over slavery and how this divisive issue led the country into the maelstrom of the Civil War. From the Jacksonian revolution of 1829 to the secession of Southern states from the Union, legal scholar David P. Currie provides an unrivaled analysis of the significant constitutional events—the Wilmot Proviso, the Compromise of 1850, the Kansas-Nebraska Act, the Lincoln-Douglas Debates, and "Bleeding Kansas"—that led up to the war. Exploring how slavery was addressed in presidential speeches and debated in Congress, Currie shows how the Southern Democrats dangerously diminished federal authority and expanded states' rights, threatening the nation's very survival.
Like its predecessors, this fourth volume of The Constitution in Congress will be an invaluable reference for legal scholars and constitutional historians alike.
"In his fourth volume examining the "extrajudicial interpretation of the constitution," Currie correctly suggests that the major antebellum constitutional debates by Congress and the presidents were most often proxies for debating the regulation of slavery. . . . A valuable contribution. . . . Highly recommended."--Choice
"An impressive achievement. Currie's writing is lively; his self-described 'kibitzing' is entertaining; and his accounts of the debates he covers are unfailingly fair. Like the rest of The Constitution in Congress series, Descent into the Maelstrom reveals the complexity of constitutional debate in the decades after the founding and underscores the seriousness with which people off the Court approached them."--H-Net Reviews
"Engagingly written . . . .Currie's discussion of each issue is meticulous and informative. It is difficult to believe that he leaves unaddressed anything that would shed light on American constitutional development."--Mark Tushnet, Journal of Interdisciplinary History (on the series)
"There has been a growing interest in recent years amongst law and courts scholars in reviving the scholarly tradition that once recognized that constitutional debate and deliberation takes place, not just in the Court, but also in the nation's populace and its political branches. A case can be made that they--and those with a substantive interest in these years--will find Descent into the Maelstrom worth having on their shelves."
"Currie has done an amazing amount of research, and he provides material that is probably available in few other secondary sources. Therefore, even if one hesitates to read the book from cover to cover . . . . [it] is a valuable book to retain as a reference."
"This learned and engaging book is worthy of the larger series; it will amply reward patient readers seeking the constitutional roots of antebellum policy on slavery, diplomacy, and territorial expansion."
Contents
Preface
List of Abbreviations and Shortened Titles
Prologue: Speak No Evil
Chapter 1. The Great Petition Fight
I. Skirmishing
II. The Right to Petition
III. Slavery in the District of Columbia
IV. The Indomitable Mr. Adams
Chapter 2. South Carolina, Arkansas, and Liberia
I. Stopping the Mails
II. Michigan
III. Arkansas
IV. Colonization
V. Exclusion
Part One: Diplomacy, Expansion, and Force
Chapter 3. O Canada!
I. Breaking the Ice
II. Neutrality
III. McLeod
IV. Habeas Corpus
V. States and Subjects of Foreign States
VI. The Law of Nations
Chapter 4. Around the Pole
I. The Dorr Rebellion
II. Oregon
III. The Danish Treaty
Chapter 5. The Great Southwest
I. Texas, Li'l Darlin'
A. Jackson and Texas
B. Tyler and Texas
C. Treaties and Wars
D. Statehood
II. Mr. Polk's War
A. Who Started It?
B. Other Issues
Chapter 6. Brushfires
I. Glad Tidings
II. Greytown
III. Panama
IV. The Adventures of William Walker
V. President Buchanan and Executive Restraint
Part Two: The Evil Empire
Chapter 7. Mr. Wilmot's Proviso
I. Oregon and the Southwest
A. The Facts
B. The Arguments
II. New Notions: The Thirtieth Congress
A. Popular Sovereignty
B. Property
C. Judicial Decision
D. Statehood--and the Army
Chapter 8. Mr. Clay's Compromise
I. California
II. New Mexico and Utah
III. The Texas Boundary
A. Adjudication
B. Negotiation
C. Force
IV. Fugitive Slaves
A. Jury Trial
B. Independent Judges
C. Habeas Corpus
D. Indemnity
Chapter 9. The Slippery Slope
I. Mr. Douglas's Blunder
II. Lincoln and Douglas
III. The Utah War
IV. Polygamy
V. John Brown
Chapter 10. The Winter of Our Discontent
I. Mr. Buchanan's Challenge
II. Breaking the Bonds
III. The Use of Force
IV. The Consequences of Secession
A. "Three Fourths of the Several States"
B. Suspending the Laws
C. Vacancies
D. The Right to Stay
V. Mr. Corwin's Amendment
Conclusion
Appendix A: Dramatis Personae
Appendix B: Principal Officers, 1829-1861
Appendix C: The Constitution of the United States
Index
List of Abbreviations and Shortened Titles
Prologue: Speak No Evil
Chapter 1. The Great Petition Fight
I. Skirmishing
II. The Right to Petition
III. Slavery in the District of Columbia
IV. The Indomitable Mr. Adams
Chapter 2. South Carolina, Arkansas, and Liberia
I. Stopping the Mails
II. Michigan
III. Arkansas
IV. Colonization
V. Exclusion
Part One: Diplomacy, Expansion, and Force
Chapter 3. O Canada!
I. Breaking the Ice
II. Neutrality
III. McLeod
IV. Habeas Corpus
V. States and Subjects of Foreign States
VI. The Law of Nations
Chapter 4. Around the Pole
I. The Dorr Rebellion
II. Oregon
III. The Danish Treaty
Chapter 5. The Great Southwest
I. Texas, Li'l Darlin'
A. Jackson and Texas
B. Tyler and Texas
C. Treaties and Wars
D. Statehood
II. Mr. Polk's War
A. Who Started It?
B. Other Issues
Chapter 6. Brushfires
I. Glad Tidings
II. Greytown
III. Panama
IV. The Adventures of William Walker
V. President Buchanan and Executive Restraint
Part Two: The Evil Empire
Chapter 7. Mr. Wilmot's Proviso
I. Oregon and the Southwest
A. The Facts
B. The Arguments
II. New Notions: The Thirtieth Congress
A. Popular Sovereignty
B. Property
C. Judicial Decision
D. Statehood--and the Army
Chapter 8. Mr. Clay's Compromise
I. California
II. New Mexico and Utah
III. The Texas Boundary
A. Adjudication
B. Negotiation
C. Force
IV. Fugitive Slaves
A. Jury Trial
B. Independent Judges
C. Habeas Corpus
D. Indemnity
Chapter 9. The Slippery Slope
I. Mr. Douglas's Blunder
II. Lincoln and Douglas
III. The Utah War
IV. Polygamy
V. John Brown
Chapter 10. The Winter of Our Discontent
I. Mr. Buchanan's Challenge
II. Breaking the Bonds
III. The Use of Force
IV. The Consequences of Secession
A. "Three Fourths of the Several States"
B. Suspending the Laws
C. Vacancies
D. The Right to Stay
V. Mr. Corwin's Amendment
Conclusion
Appendix A: Dramatis Personae
Appendix B: Principal Officers, 1829-1861
Appendix C: The Constitution of the United States
Index
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History: American History
Law and Legal Studies: Legal History | The Constitution and the Courts
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