Pause at the Rubicon, John Marshall and Emancipation: Reparations in the Early National Period?

Authors

Frances Howell Rudko, University of Massachusetts School of Law - DartmouthFollow

Document Type

Article

Publication Date

2001

Abstract

Marshall thought that the solution to emancipation and the end to slavery were to be nationally funded. He considered slavery a national problem, not a state problem, as most of his fellow Virginians insisted. In this he differed from most southerners who argued that slave matters were state matters and that the nation could involve itself in the institution of slavery only by strictly adhering to the role assigned to it by the Constitution under the three fifths clause and the fugitive slave clause.

Comments

Originally published by The John Marshall Law Review in 2001.

Recommended Citation

Frances Howell Rudko, Pause at the Rubicon, John Marshall and Emancipation: Reparations in the Early National Period?, 35 J. Marshall L. Rev. 75 (2001).