'The Law, and Not Conscience, Constitutes the Rule of Action': The South Bend Fugitive Slave Case and the Value of 'Justice Delayed'
THE CONSTITUTION, LAW AND AMERICAN LIFE: CRITIAL ASPECTS OF THE NINETEENTH CENTURY EXPERIENCE, Donald G. Nieman, ed., pp. 23-51, University of Georgia Press, 1992
29 Pages Posted: 11 Jan 2010
Date Written: 1992
In this article, Professor Finkelman discusses the South Bend Fugitive Slave case, an unusual example of northern resistance to the return of fugitive slaves: the slaves were peacefully released by a state judge after two hearings into their status rather than a dramatic rescue as there was in other cases of the day. However, Finkelman suggests that the case provides a useful framework for examining a variety of antebellum legal and social issues.
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