'The Law, and Not Conscience, Constitutes the Rule of Action': The South Bend Fugitive Slave Case and the Value of 'Justice Delayed'

Abstract

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.