>>> Item number 394, dated 93/12/20 19:40:14 -- ALL

Date:         Mon, 20 Dec 1993 19:40:14 -0600
Reply-To:     Legal History discussion list <H-LAW@UICVM.BITNET>
Sender:       Legal History discussion list <H-LAW@UICVM.BITNET>
From:         cfcrw@uxa.ecn.bgu.edu
Subject:      Antebellum Due Process

Can someone point me to the best sources for antebellum notions of what constituted due process? I have Mott's book, Corwin's article, and Billings' Journal of Southern History article. So far, I am most impressed by Corwin. Anything else?

Chris Waldrep
Eastern Illinois University
cfcrw@uxa.ecn.bgu.edu

>>> Item number 396, dated 93/12/21 10:16:11 -- ALL

Date:         Tue, 21 Dec 1993 10:16:11 -0600
Reply-To:     Legal History discussion list <H-LAW@UICVM.BITNET>
Sender:       Legal History discussion list <H-LAW@UICVM.BITNET>
From:         cfcrw@uxa.ecn.bgu.edu
Subject:      Re: Antebellum Due Process

concerning Chris' request for materials on the antebellum notion of due process:

you might also look at Fehrenbacher's _The Dred Scott Case_ (the longer version, published by Oxford in 1978). He refers to Calhoun's theory of due process, and to the theory of due process set out in the Republican platform of 1856 (which was itself based on Chase's arguments in state court in slavery cases). And of course, _Dred Scott_ itself is a very confused source of contemporaneous theories of due process.

Finally, another place that I think has some discussion of antebellum notions of due process is Von Holst's multivolume work on the U.S. Constitution (which is called something like A Constitutional History of the United States). It is pretty old, but it has some interesting theories, and avoids the problem Corwin occassionally has of writing a brief in support of his political ideology.

(Well, usually avoids that problem, let's say.)

Elizabeth Dale
U of Chicago
erd1@midway.uchicago.edu

>>> Item number 400, dated 93/12/25 10:54:26 -- ALL

Date:         Sat, 25 Dec 1993 10:54:26 -0600
Reply-To:     Legal History discussion list <H-LAW@UICVM.BITNET>
Sender:       Legal History discussion list <H-LAW@UICVM.BITNET>
From:         cfcrw@uxa.ecn.bgu.edu
Subject:      Due Process

Hi Chris: Look at a series of articles by Charles G Haines in the Texas Law review of l924. I hope you find them helpful. My best to you for a good holiday season.

Jon Lurie

Chris,

          On antebellum substantive due process, don't forget Haines's
          classic THE AMERICAN DOCTRINE OF JUDICIAL SUPREMACY.  And I
          will mention for the rest of the network, since I know you
          are aware of it, my "Laissez-Faire and Liberty," which
          has a discussion of antebellum origins of substantive due
          process: 3 LAW & HIST. REV. 293 (1985).

          If you are looking for procedural due process as well, there
          is not much.  You might look at David Bodenhamer's study of
          Crime and Law in Indiana, THE PURSUIT OF JUSTICE (1986).  He
          has an essay in one Kermit Hall's series' too, I think; it
          is missing from my shelves.

          Les Benedict