Sanitary Measure or Unchecked Despotism? The Fourteenth Amendment, the Slaughter-House Cases, and Radical Reconstruction

Sanitary Measure or Unchecked Despotism? The Fourteenth Amendment, the Slaughter-House Cases, and Radical Reconstruction

How does the Fourteenth Amendment to the Constitution relate to a group of disgruntled butchers? In 1873, the United States Supreme Court struggled to answer exactly this question.

Perhaps no image better captured the tumultuous and confused nature of the Reconstruction Era than former Supreme Court Justice John Campbell during the 1873 Slaughter-House Cases. A former slave owner who served as the Assistant Secretary of War for the Confederacy, Campbell oddly found himself arguing against states rights in an attempt to overturn a Louisiana state statute. When the Reconstructionist, Republican-dominated legislature of Louisiana incorporated all the slaughterhouses within New Orleans, giving a single company the exclusive right to slaughter within the city, no one expected the butcher’s protests to lead to the first interpretation of the new Fourteenth Amendment by the nation’s highest court. Campbell, however, quickly saw an opportunity.

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Suing for Freedom: The Dred Scott Case

Suing for Freedom: The Dred Scott Case

In March 1857, the Supreme Court delivered a ruling that sent shock waves through the north.  In the Court opinion delivered by Chief Justice Roger Taney, slaves were not considered citizens of the United States and could not sue in Federal Court, but more importantly Congress did not have the authority to prohibit slavery in the territories.  For free labor/free soil advocates in the north, this was a major step backwards in the efforts to contain the spread of slavery. 

Everything centered on one man, a slave named Dred Scott. 

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