Southern Slavery and the Law 1619 1860

Author: Thomas D. Morris
Publisher: Univ of North Carolina Press
ISBN: 0807864307
Format: PDF, ePub, Docs
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This volume is the first comprehensive history of the evolving relationship between American slavery and the law from colonial times to the Civil War. As Thomas Morris clearly shows, racial slavery came to the English colonies as an institution without strict legal definitions or guidelines. Specifically, he demonstrates that there was no coherent body of law that dealt solely with slaves. Instead, more general legal rules concerning inheritance, mortgages, and transfers of property coexisted with laws pertaining only to slaves. According to Morris, southern lawmakers and judges struggled to reconcile a social order based on slavery with existing English common law (or, in Louisiana, with continental civil law.) Because much was left to local interpretation, laws varied between and even within states. In addition, legal doctrine often differed from local practice. And, as Morris reveals, in the decades leading up to the Civil War, tensions mounted between the legal culture of racial slavery and the competing demands of capitalism and evangelical Christianity.

Slavery the Law

Author: Paul Finkelman
Publisher: Rowman & Littlefield Publishers
ISBN: 1461642345
Format: PDF, ePub, Mobi
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In this book, prominent historians of slavery and legal scholars analyze the intricate relationship between slavery, race, and the law from the earliest Black Codes in colonial America to the passage of the Fugitive Slave Law and the Dred Scott decision prior to the Civil War. Slavery & the Law's wide-ranging essays focus on comparative slave law, auctioneering practices, rules of evidence, and property rights, as well as issues of criminality, punishment, and constitutional law.

Dred Scott and the Problem of Constitutional Evil

Author: Mark A. Graber
Publisher: Cambridge University Press
ISBN: 9781139457071
Format: PDF
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Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.

The Trouble with Minna

Author: Hendrik Hartog
Publisher: UNC Press Books
ISBN: 1469640899
Format: PDF, Kindle
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In this intriguing book, Hendrik Hartog uses a forgotten 1840 case to explore the regime of gradual emancipation that took place in New Jersey over the first half of the nineteenth century. In Minna's case, white people fought over who would pay for the costs of caring for a dependent, apparently enslaved, woman. Hartog marks how the peculiar language mobilized by the debate—about care as a "mere voluntary courtesy"—became routine in a wide range of subsequent cases about "good Samaritans." Using Minna's case as a springboard, Hartog explores the statutes, situations, and conflicts that helped produce a regime where slavery was usually but not always legal and where a supposedly enslaved person may or may not have been legally free. In exploring this liminal and unsettled legal space, Hartog sheds light on the relationships between moral and legal reasoning and a legal landscape that challenges simplistic notions of what it meant to live in freedom. What emerges is a provocative portrait of a distant legal order that, in its contradictions and moral dilemmas, bears an ironic resemblance to our own legal world.

1996

Author: Massimo Mastrogregori
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110950421
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Annually published since 1930, the International bibliography of Historical Sciences (IBOHS) is an international bibliography of the most important historical monographs and periodical articles published throughout the world, which deal with history from the earliest to the most recent times. The works are arranged systematically according to period, region or historical discipline, and within this classification alphabetically. The bibliography contains a geographical index and indexes of persons and authors.

Free Men All

Author: Thomas D. Morris
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771070
Format: PDF, Docs
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Examines the Impact of the Idealism of the Personal Liberty Laws of Pennsylvania, New York, Massachusetts, Ohio and Wisconsin The Personal Liberty Laws reflected the social ethical commitment to freedom from slavery and as such were among the bricks that laid the foundation for the Fourteenth Amendment. Morris examines those statutes as enacted in the five representative states Pennsylvania, New York, Massachusetts, Ohio and Wisconsin, and argues that these laws were an alternative to the violence allowed by the southern slave codes and the extreme abolitionist viewpoints of the north. Thomas D. Morris [1938-] taught in the Department of History, Portland State University and is the author of Southern Slavery and the Law, 1619-1860. CONTENTS I. Slavery and Emancipation: the Rise of Conflicting Legal Systems II. Kidnapping and Fugitives: Early State and Federal Responses III. State "Interposition" 1820-1830: Pennsylvania and New York IV. Assaults Upon the Personal Liberty Laws V. The Antislavery Counterattack VI. The Personal Liberty Laws in the Supreme Court: Prigg v. Pennsylvania VII. The Pursuit of a Containment Policy, 1842-1850 VII. The Fugitive Slave Law of 1850 IX. Positive Law, Higher Law, and the Via Media X. Interposition, 1854-1858 XI. Habeas Corpus and Total Repudiation 1859-1860 XII. Denouement Appendix Bibliography Index

Hirelings

Author: Jennifer Hull Dorsey
Publisher: Cornell University Press
ISBN: 9780801461156
Format: PDF, Kindle
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In Hirelings, Jennifer Dorsey recreates the social and economic milieu of Maryland's Eastern Shore at a time when black slavery and black freedom existed side by side. She follows a generation of manumitted African Americans and their freeborn children and grandchildren through the process of inventing new identities, associations, and communities in the early nineteenth century. Free Africans and their descendants had lived in Maryland since the seventeenth century, but before the American Revolution they were always few in number and lacking in economic resources or political leverage. By contrast, manumitted and freeborn African Americans in the early republic refashioned the Eastern Shore's economy and society, earning their livings as wage laborers while establishing thriving African American communities. As free workers in a slave society, these African Americans contested the legitimacy of the slave system even while they remained dependent laborers. They limited white planters' authority over their time and labor by reuniting their families in autonomous households, settling into free black neighborhoods, negotiating labor contracts that suited the needs of their households, and worshipping in the African Methodist Episcopal Church. Some moved to the cities, but many others migrated between employers as a strategy for meeting their needs and thwarting employers' control. They demonstrated that independent and free African American communities could thrive on their own terms. In all of these actions the free black workers of the Eastern Shore played a pivotal role in ongoing debates about the merits of a free labor system.

The Southern Debate Over Slavery Petitions to Southern legislatures 1778 1864

Author: Loren Schweninger
Publisher: University of Illinois Press
ISBN: 9780252026324
Format: PDF, ePub, Mobi
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An incomparably rich source of period information, The Southern Debate over Slavery offers a representative sampling of the thousands of petitions about issues of race and slavery that southerners submitted to their state legislatures between the American Revolution and the Civil War.These petitions, filed by slaveholders and nonslaveholders, slaves and free blacks, women and men, abolitionists and staunch defenders of slavery, constitute a uniquely important primary source. Petitioners were compelled to present the most accurate and fully documented case they could, since their claims would be subject to public scrutiny and legal verification. Unlike the many reminiscences and autobiographies of the period, these petitions record with great immediacy and minute detail the dynamics, common understandings, and legal restrictions and parameters that shaped southern society during this period. Arranged chronologically, with their original spelling and idiosyncratic phraseology intact, these documents reveal the grim and brutal nature of human bondage, the fears of whites who lived among large concentrations of blacks, and the workings of the complicated legal system designed to control blacks. They tell about the yearning of bondspeople to gain their freedom, the attitudes of freed blacks who were forced to leave the South, and the efforts of African Americans to overcome harsh and restrictive laws. They also underscore the unique situation of free women of color and the reliance of manumitted (formally freed) blacks on their former owners for protection, travel passes, guardianship papers, and reference letters.Astonishingly intimate and frank, The Southern Debate over Slavery illuminates how slavery penetrated nearly every aspect of southern life and how various groups of southerners responded to the difficulties they confronted as a result of living in a slave society.

Family Bonds

Author: Ted Maris-Wolf
Publisher: UNC Press Books
ISBN: 1469620081
Format: PDF, Kindle
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Between 1854 and 1864, more than a hundred free African Americans in Virginia proposed to enslave themselves and, in some cases, their children. Ted Maris-Wolf explains this phenomenon as a response to state legislation that forced free African Americans to make a terrible choice: leave enslaved loved ones behind for freedom elsewhere or seek a way to remain in their communities, even by renouncing legal freedom. Maris-Wolf paints an intimate portrait of these people whose lives, liberty, and use of Virginia law offer new understandings of race and place in the upper South. Maris-Wolf shows how free African Americans quietly challenged prevailing notions of racial restriction and exclusion, weaving themselves into the social and economic fabric of their neighborhoods and claiming, through unconventional or counterintuitive means, certain basic rights of residency and family. Employing records from nearly every Virginia county, he pieces together the remarkable lives of Watkins Love, Jane Payne, and other African Americans who made themselves essential parts of their communities and, in some cases, gave up their legal freedom in order to maintain family and community ties.

Reader s Guide to the Social Sciences

Author: Jonathan Michie
Publisher: Routledge
ISBN: 1135932263
Format: PDF, Mobi
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This 2-volume work includes approximately 1,200 entries in A-Z order, critically reviewing the literature on specific topics from abortion to world systems theory. In addition, nine major entries cover each of the major disciplines (political economy; management and business; human geography; politics; sociology; law; psychology; organizational behavior) and the history and development of the social sciences in a broader sense.